|
Order CRTC 2000-170
|
|
Ottawa, 6 March 2000
|
|
TELUS Integrated Communications Inc.
Tariff Notices 1 and 1A
|
|
General Tariff covering general terms and conditions and access services approved
|
|
This order approves on an interim basis TELUS Integrated Communications Inc.'s proposed General Tariff covering general terms and conditions and access services.
|
|
1.
|
On 24 September 1999, TELUS Communications Inc. (TCI) filed, on behalf of TELUS Integrated Communications Inc. (TICI), formerly 3605892 Canada Ltd., an application under Tariff Notice (TN) 1 for approval of its General Tariff (CRTC 18009). An amendment was filed under TN 1A dated 15 November 1999. The application provided proposed General Tariff Terms and Conditions, as well as terms and conditions for the provision of access services for interconnection with local exchange carriers (LECs), interexchange carriers (IXCs) and wireless service providers (WSPs).
|
|
2.
|
On 14 December 1999 Bell Canada filed an intervention on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc., and NewTel Communications Inc.
|
|
3.
|
Bell noted that throughout the tariff there are references to the term "interexchange carrier" and submitted that this term should be revised to "interexchange service provider" (IXSP), where applicable, to ensure that the tariff is clear with respect to interconnection with other service providers, such as resellers.
|
|
4.
|
By definition, resellers are not IXCs. The Commission agrees with Bell that when specific tariff provisions apply to both IXCs and resellers, the term "IXSP" should be substituted for the term "IXC".
|
|
5.
|
Bell submitted that the tariff should be revised to include definitions for the terms "competitive pay telephone service provider", "interexchange service provider" and "exchange".
|
|
6.
|
The Commission is of the view that definitions for the above-noted items would help clarify the tariffs and thus should be included.
|
|
7.
|
Bell submitted that TCI should be directed to include in the tariff provisions relating to contribution, a term specifying that contribution charges are attributable to TICI's toll traffic where interexchange services are defined by the incumbent local exchange carrier's (ILECs) exchange boundaries.
|
|
8.
|
The Commission considers that a note should be added to the contribution charge provisions in TICI's tariff specifying that these provisions would apply to TICI's interexchange traffic where interexchange traffic is defined by the ILEC's boundaries.
|
|
9.
|
Bell requested that the Commission direct TCI to include a provision in TICI's tariff which would reflect the Commission's determinations in Contribution on traffic carried by alternate providers of long distance services over direct access lines, Telecom Decision CRTC 99-9, dated 20 July 1999.
|
|
10.
|
The Commission notes that it has issued subsequent decisions that also affect the contribution mechanism.
|
|
11.
|
In Review of frozen contribution policy, Telecom Decision CRTC 99-20, dated 15 December 1999, the Commission directed all carriers providing local exchange service to issue amended tariff pages, effective 1 January 2000, reflecting the changes to contribution rates and WSP surcharges resulting from changes in the direct access line (DAL) loading factor.
|
|
12.
|
In a letter decision issued on 15 December 1999 with respect to Bell's application regarding contribution on traffic carried by alternate providers of long distance services over DALs, the Commission determined that DAL surcharges apply to contribution assessed on international traffic. It directed all local exchange carriers to ensure that their tariffs reflect the Commission's directives and, where necessary, to issue revised tariff pages reflecting the directives.
|
|
13.
|
In a letter decision issued 15 December 1999 regarding the TELUS section 62 application to modify the international contribution regime to introduce a single blended contribution rate for Canada, the Commission determined that, effective 1 January 2000, the contribution rates for each ILEC territory will be set at Bell's rates for the international end of any call and directed all local exchange carriers to issue revised tariff pages.
|
|
14.
|
In a letter issued on 17 December 1999, the Commission made its determinations with respect to the Final consensus report filed on 23 June 1999 by the Industry Task Force on International Contribution Issues. The report recommended solutions for various international contribution issues arising from Regulatory regime for the provision of international telecommunications services, Telecom Decision CRTC 98-17, dated 1 October 1998. The Commission directed the competitive local exchange carriers (CLECs) and the ILECs to file by 1 February 2000 proposed tariff revisions to implement its directives.
|
|
15.
|
The Commission considers that TICI's tariff should be consistent with Decisions 99-9 and 99-20 and its letter decisions dated 15 December 1999 and 17 December 1999 identified above.
|
|
16.
|
The Commission notes that TICI's use of the term "customer" in its tariff in relation to both customers of its interconnection services and end-customers could be confusing. Accordingly, the Commission considers that TICI's tariff should use the term "customer" to refer to customers of its interconnection services pursuant to this tariff and the term "subscriber" to refer to end-customers and include definitions for the terms "customer" and "subscriber".
|
|
17.
|
TICI has included in the provisions for "Confidentiality of Customer Records" sub-item 7.2 (f) permitting the disclosure of information to a public authority or an agent of a public authority if in the reasonable judgement of TICI it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. The Commission notes that the provisions of Item 7.2 specify that disclosure to a public authority must be pursuant to a legal power, and that this sub-item would circumvent this requirement. The Commission is of the view that sub-item 7.2 (f) should be deleted.
|
|
18.
|
In addition, the Commission is of the view that Item 7.3 of the "Confidentiality of Customers Records" should be deleted as equivalent provisions are contained in Items 7.1 and 7.2.
|
|
19.
|
TICI's tariff includes provisions associated with "Not Sufficient Funds" and "Tariff Subscription Service". The Commission notes that these services need not be provided under this tariff as they are not mandated services for CLECs.
|
|
20.
|
The Commission considers that the provisions included in TICI's tariff with respect to Basic Listing Interchange File (BLIF) service should be revised so as to be consistent with the provisions found in the approved tariff of the ILECs.
|
|
21.
|
With respect to the Metro/Ontario 9-1-1 Emergency Response Service tariff, the Commission is of the view that additional provisions requiring the CLEC to provide contact information to the municipality are to be included in order to ensure that TICI's tariff conforms with the CLEC – Municipality 9-1-1 Service Agreements approved by the Commission.
|
|
22.
|
In addition to the above, the Commission is of the view that other minor changes are required to the tariff for TICI for the purposes of correcting and clarifying various terms and conditions.
|
|
23.
|
In light of the foregoing, the Commission orders that:
|
|
1. The proposed tariffs are approved on an interim basis, with the following amendments:
|
|
(a) In the Section titled "General Terms of Service":
|
|
(i) In Item 5.7 replace the word "alternative" with "alternatives".
|
|
(ii) Delete Item 7.2(f) and 7.3.
|
|
(iii) Add the following to the end of Item 14.2: "or other responsible party".
|
|
(b) Delete Item 100 – Not Sufficient Funds.
|
|
(c) Delete Item 102 – Tariff Subscription Service.
|
|
(d) In Item 105:
|
|
(i) replace the definition of Class A licensee with the following: means a telecommunications service provider who:
|
|
(a) operates telecommunications equipment facilities used in transporting basic international traffic between Canada and another country, whether those facilities are owned by the licensee or leased from a separate facilities provider; or
|
|
(b) operates telecommunications equipment that converts basic international traffic from circuit switched minutes originating in Canada to non-circuit switched traffic, or from non-circuit switched traffic to circuit switched minutes terminating in Canada, regardless of whether the licensee is responsible for the international transport; or
|
|
(c) performs both of the functions described in a) and b) above. Such telecommunications service providers shall have obtained from the Commission a Class A license for the provision of basic international telecommunications services. For more information with respect to licensing requirements refer to the Commission's web site at www.crtc.gc.ca;
|
|
(ii) add the following definition of Class B Licensee: means a telecommunications service provider who provides international telecommunications service but neither:
|
|
(a) operates telecommunications facilities used in transporting basic international traffic between Canada and another country; nor
|
|
(b) operates telecommunications equipment that converts basic international traffic from circuit switched minutes originating in Canada to non-circuit switched traffic, or from non-circuit switched traffic to circuit-switched minutes terminating in Canada.
|
|
Class B licensees include service providers who resell the switched services of other service providers. Such telecommunications service providers shall have obtained from the Commission a Class B license for the provision of basic international services. For more information with respect to licensing requirements refer to the Commission's web site at www.crtc.gc.ca;
|
|
(iii) add a definition for "customer" to distinguish the use of the word from end-users of TICI's local access services;
|
|
(iv) add the following definition of "Competitive Pay Telephone Service Provider": means a company or an individual which provides competitive pay telephone service for use by the general public;
|
|
(v) add the following definition for "Direct Access Line (DAL)": means a network arrangement used to transmit traffic over a dedicated facility between a carrier's or other service provider's interexchange network and a subscriber premises;
|
|
(vi) add the following definition for "Exchange": is a basic geographical area for the administration and the furnishing of telephone service by an ILEC, and normally includes a city, a town or a village and adjacent areas. The territory served by an exchange is known as the exchange area. See also "Local Calling Area";
|
|
(vii) amend the definition of "ILEC" as follows: is an incumbent local exchange carrier that provided local exchange service on a monopoly basis prior to 1 May 1997;
|
|
(viii) add the following definition of "Interexchange Service Provider": is an IXC or reseller, which provides message toll service;
|
|
(ix) add the following sentence to the end of the definition for "Local Calling Area": See also Exchange;
|
|
(x) add the following definition for "subscriber": means an end user of "the company's" local access services;
|
|
(xi) add the dialling provision "00-" to the definition for "Trunk Side Access";
|
|
(xii) add the following to the definition of "WSP": and includes Cellular Service Operators, service operators providing Specialized Mobile Radio/Enhanced Specialized Mobile Radio (SMR/ESMR) and service operators providing Personal Communications Service (PCS). A WSP must be designated by Industry Canada to provide public mobile radio service in areas served by TELUS Integrated Communications Ltd.
|
|
(e) Item 115.1:
|
|
(i) replace "1-900/877/888" with "1-800/877/888" in sub-item 2; and
|
|
(ii) delete the word "are" from the first sentence in sub-item 4.
|
|
(f) In Item 115.3, replace the word "customer" with the words "subscriber" where the tariff refers to an end-customer of TICI's local access services.
|
|
(g) In Item 120.1, replace every occurrence of the word "customers" with the word "subscribers" in sub-items 1 and 3.
|
|
(h) In the "Interexchange Carriers (IXCs) Access Services Tariff" section (Items 110 to 130), replace all occurrences of the term "IXC" with "IXSP" except in Items 110.1(14) and 110.1(15) and where the reference is to the "CLEC – IXC Agreement" in Items 110.1(3), 115.3(5), 120.1(2) and 120.1(3).
|
|
(i) Amend Item 130.1 as follows:
|
|
(i) Re-label the first table to state "Carriers and other service providers that use DALs";
|
|
(ii) Amend the rates in the first table as follows:
Peak Period $0.0075
Off Peak Period $0.0038
|
|
(iii) Re-label the second table to state "Carriers and other service providers that have attested that they do not use DALs. (y)";
|
|
(iv) Amend the rates in the second table as follows:
Peak Period $0.0066
Off-Peak Period $0.0033
|
|
(v) Add the following as a note directly below the second table: "Where applicable, the contribution charges specified in this item will be attributed to "the company's" interexchange traffic where the interexchange services are defined by the ILEC's exchange boundaries.";
|
|
(vi) Add the following as note (y): an attestation that a carrier or other service provider does not use DALs requires that the carrier or other service provider provide an affidavit to "the company" and the CRTC, sworn by a senior officer of the company, attesting to the fact that the carrier or other service provider does not use any DALs to originate or terminate traffic in the applicable ILEC's operating territory. The affidavit must be resubmitted on an annual basis and include a statement that if, during the year, the carrier or other service provider uses any DALs, the carrier or other service provider will notify the CRTC immediately, serving a copy on "the company" and the contribution rate applicable to the carriers and other service providers that do use DALs would immediately apply.
|
|
(j) Amend the table in Item 130.1, Contribution for Line-Side Access, as follows:
|
|
(i) Split the second column and label the first sub-column with the title "Carriers and other service providers that use DALs" and incorporate the following per circuit monthly contribution charges:
|
|
1-3 $4.00
4-6 $13.00
7-9 $19.00
10-14 $24.00
15-19 $28.00
20-29 $31.00
30-39 $34.00
40-49 $36.00
50-74 $38.00
75-99 $40.00
100 and over $43.00
|
|
(ii) Label the second sub-column "Carriers and other service providers that have attested that they do not use DALs (y)" and incorporate the following per circuit monthly contribution charges:
|
|
1-3 $3.00
4-6 $11.00
7-9 $17.00
10-14 $21.00
15-19 $24.00
20-29 $27.00
30-39 $30.00
40-49 $32.00
50-74 $33.00
75-99 $35.00
100 and over $37.00
|
|
(iii) Add the following as note (y): an attestation that a carrier or other service provider does not use DALs requires that the carrier or other service provider provide an affidavit to "the company" and the CRTC, sworn by a senior officer of the company, attesting to the fact that the carrier or other service provider does not use any DALs to originate or terminate traffic in the applicable ILEC's operating territory. The affidavit must be resubmitted on an annual basis and include a statement that if, during the year, the carrier or other service provider uses any DALs, the carrier or other service provider will notify the CRTC
immediately, serving a copy on "the company", and the contribution rate applicable to the carriers and other service providers that do use DALs would immediately apply.
|
|
(k) Replace Items 130.2 and 130.3 with the following:
|
|
2. Overseas and Canada-U.S. Circuits
|
|
(a)1 For each Overseas Circuit that uses an international interconnection point located in the applicable ILEC's operating territory and for each Canada-U.S. circuit that crosses the border at a point located in the applicable ILEC's operating territory, the contribution rates specified below apply. The determination of whether or not an individual Carrier's or Other Service Provider's international traffic is DAL surcharge-exempt is based on the exempt/non-exempt status of the Carrier or Other Service Provider that hands off the international traffic directly to or receives such traffic directly from the Class A licensee. Where the originating/terminating Carrier or Other Service Provider is also the Class A licensee, it is the status of the originating/terminating Carrier or Other Service Provider that applies.
|
|
Carriers and other service providers that use DALS - Contribution charge, each minute of traffic:
|
|
Peak Period $0.0075
Off-Peak Period $0.0038
|
|
Carriers and other service providers that have attested that they do not use DALs (y) - Contribution charge, each minute of traffic:
|
|
Peak Period $0.0066
Off-Peak Period $0.0033
|
|
(y) an attestation that a carrier or other service provider does not use DALs requires that the carrier or other service provider provide an affidavit to the applicable ILEC and the CRTC, sworn by a senior officer of the company, attesting to the fact that the carrier or other service provider does not use any DALs to originate or terminate traffic in the applicable ILEC's operating territory. The affidavit must be resubmitted on an annual basis and include a statement that if, during the year, the carrier or other service provider uses any DALs, the carrier or other service provider will notify the CRTC immediately, serving a copy on the ILEC, and the contribution rate applicable to the carriers and other service providers that do use DALs would immediately apply.
|
|
(b) Class A Licensees are required to report detailed monthly contribution minute information to the applicable ILEC, the Commission and the Central Fund Administrator (CFA) within 60 days of the end of the applicable month as follows:
|
|
i) with respect to contribution-eligible international traffic that the licensee transports between Canada and the United States using circuit-switching protocol on Canada-U.S. telecommunications facilities which cross the border in the applicable ILEC's territory and which are operated by the licensee, the licensee shall (a) report to the ILEC in whose territory a Canada – U.S. circuit crosses the border, all contribution-eligible minutes, and (b) remit to the ILEC the applicable contribution charges as specified in "the Company's" tariffs;
|
|
ii) with respect to contribution-eligible international traffic that the licensee transports between Canada and a country other than the United States using circuit switching protocol on telecommunications facilities operated by the licensee, the licensee shall (a) report to the ILEC in whose territory the gateway switch (i.e., the last switching point for outbound minutes and the first point of switching for inbound minutes) all contribution-eligible minutes, and (b) remit to the ILEC the applicable contribution charges as specified in "the Company's" tariffs;
|
|
iii) with respect to contribution-eligible international traffic that the licensee converts from circuit switched minutes originating in Canada to non-circuit switched traffic, or from non-circuit switched traffic to circuit switched minutes terminating in Canada, the licensee shall (a) report to the ILEC all contribution-eligible minutes as measured at the point of conversion to the ILEC in whose territory the conversion occurs, and (b) remit to the ILEC the applicable contribution charges as specified in "the Company's" tariffs; and
|
|
iv) all minutes reported in (i), (ii) and (iii) above shall be split by peak and off-peak periods and, where possible, by type of domestic service provider i.e., APLDS versus ILEC.
|
|
In cases in which the licensee has no traffic to report, the licensee shall provide a nil report to the ILEC, the Commission and the CFA.
|
|
(c) Class A Licensees are required to provide a quarter-ending report to the ILEC, the Commission and the CFA within 60 days of the end of the applicable quarter as follows:
|
|
(i) an affidavit signed by a senior officer of the licensee, attesting to the completeness and accuracy of the contribution reports and remittances covering the past three months;
|
|
(ii) the number of Canada-U.S. and Canada-Overseas circuits (in units of DS-1 equivalents) as of the last day of the quarter, on which it has measured international contribution-eligible minutes in the preceeding three months; and
|
|
(iii) a declaration of the existence of protocol-conversion points, by ILEC territory, at which international contribution-eligible circuit-switched minutes originating in Canada are converted to non circuit switched traffic or at which non-circuit switched international traffic is converted to contribution-eligible circuit switched minutes terminating in Canada.
|
|
If there is no traffic to report, the affidavit shall state why the licensee has no traffic to report.
|
|
(d) As an alternative to providing monthly and quarterly reports to the ILEC as noted in (b) and (c) above, the Class A Licensee may choose to provide these reports to an affiliated CLEC or a CLEC with which such Class A Licensee has a preferred relationship, as defined in the Central Fund Administration Agreement, and to remit the applicable contribution payment to that CLEC. When a Class A Licensee elects to use this alternative reporting method, that Class A Licensee must advise the ILEC in writing of this choice, at least one month prior to the date the change becomes effective.
|
|
(l) Replace Item 130.4 with the following:
|
|
3. Exemptions
|
|
a) When an interconnecting circuit is used solely to access "the Company's" message toll services, the contribution charges specified in Items 130.1 and 130.2 do not apply.
|
|
b) The contribution charges specified in Items 130.1 and 130.2 do not apply, when an interconnecting circuit associated with line-side access is:
|
|
- used to provide a dedicated voice or dedicated data service; or
|
|
- used to provide a local service; or
|
|
- associated with a stand-alone administrative location or system which is not directly connected to the IXC's interexchange network, provided that the IXC applies to the Commission on a case-by-case basis and provides evidence satisfactory to the Commission that by reasons of the technical, economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use interexchange services.
|
|
c) The contribution charges specified in Items 130.1 and 130.2 above do not apply to:
|
|
- international data traffic; or
|
|
- international voice traffic carried on a facility-dedicated to the use of one customer; or
|
|
- international transit traffic that does not connect to the Canadian PSTN.
|
|
An application to the Commission for a contribution exemption with respect to international traffic is not required except in the following instances:
|
|
- where switched domestic traffic is routed through another country on non-dedicated facilities; or
|
|
- where domestic traffic is routed through another country by a licensee but is not controlled by the licensee when it re-enters Canada; or
|
|
- where international traffic is routed through another country to reach an international gateway in another part of Canada.
|
|
When any of the above three situations apply, the licensee shall apply to the Commission on a case-by-case basis and provide evidence satisfactory to the Commission that it can accurately track and record contribution-eligible minutes on the facilities in question.
|
|
d) Where a competitive pay telephone service provider uses interconnecting circuits, such as pay telephone basic access lines, which are not directly connected to an interexchange network provided by the competitive pay telephone service provider or by another service provider, the contribution charges specified in 1. above do not apply. An application to the Commission for a contribution exemption is not required.
|
|
(m) In Item 205.3, Basic Listing Interchange File Service:
|
|
(i) replace sub-item 4 with: "The BLIF will include all of the required information as specified in the BLIF document.";
|
|
(ii) replace sub-item 7 with: "The Licensee shall comply with all specifications set out in the BLIF document pertaining to the Licensee.";
|
|
(iii) replace sub-item 8 with: "The limitations of liability provisions as set out in the BLIF Agreement, to be entered into by the Licensee and "the Company", are hereby incorporated by reference into this tariff.";
|
|
(iv) add the following as sub-item 9: "The Licensee may terminate the BLIF Agreement at any time by giving written notice to "the Company" at least ninety (90) days in advance of the effective date of any such termination. "The Company" shall have the right to terminate the BLIF Agreement upon ten (10) days prior written notice if the Licensee has breached any of its material obligations in the BLIF Agreement or this tariff, and the Licensee has failed to cure such default within thirty (30) days of receipt of a written notice sent from "the Company" describing the nature of the default"; and
|
|
(v) add the following as sub-item 10: "In the event of termination, any amounts due to "the Company" pursuant to the BLIF Agreement and this Tariff shall immediately become due and payable. In such event, the Licensee shall immediately discontinue the use of the listings and comply with all other requirements set out in the BLIF Agreement."
|
|
(n) In Item 300.1(1), add the words "or line-side" after the words "trunk-side" in the first sentence of the provision.
|
|
(o) In Item 300.2(4):
|
|
(i) replace the title in the second column of the table with "Monthly Rates Trunk-side" and replace the title in the third column of the table with "Monthly Rates Line-side"; and
|
|
(ii) delete the word "toll" from the phrase "activated toll access channel" in the last row of the table and in the associated "Note 1".
|
|
(p) In Item 350.4, renumber sub-items 5, 6 and 7 as sub-items 7, 8 and 9 and add the following provisions:
|
|
5. "The Company" shall provide to the Municipality at its designated Call Answer Centre, a telephone number that is accessible 24 hours a day, seven days a week, for the purposes of reporting trouble with the 9-1-1 ERS.
|
|
6. "The Company" shall provide to the Municipality at its designated Call Answer Centre a facsimile number or alternative address such as e-mail or both, for purposes of dealing with problems with information as to Local Subscribers and the 9-1-1 Street Address Database, and updating such information as requested.
|
|
2. TICI is directed to file forthwith its PIC/CARE Handbook and an unexecuted BLIF agreement for approval.
|
|
3. TICI is directed to issue forthwith revised tariff pages incorporating the changes set out above.
|
|
Secretary General
|
|
This document is available in alternate format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca
|