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Telecom Order CRTC 2005-73
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Ottawa, 23 February 2005 |
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TELUS Communications Inc.
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Reference: Tariff Notice 148 |
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Customer-specific Fibre Maintenance Service (Alberta only)
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1. |
The Commission received an application by
TELUS Communications Inc. (TCI), dated 6 August 2004, proposing to
introduce Special Facilities Tariff item 220, Customer-specific Fibre
Maintenance Service (Alberta only). |
2. |
TCI submitted that the proposed service
provides maintenance service on specific fibre routes and related
support structures owned by the customer of the proposed maintenance
service. |
3. |
TCI filed an imputation test in support of
this proposal. |
4. |
The Commission received comments by Xit
télécom inc. (Xit), dated 7 September 2004. |
5. |
Xit submitted, among other things, that
the proposal was contrary to Regulatory safeguards with respect
to incumbent affiliates, bundling by Bell Canada and related matters,
Telecom Decision CRTC 2002-76,
12 December 2002 (Decision 2002-76).
Xit stated that the Commission should only approve TCI's proposal
conditional to TCI providing a minimum amount of information to show
that the proposed service was not being provided below cost. |
6. |
In reply, TCI stated that Xit's comments
appeared to be premised entirely on Xit's understanding that TCI's
application proposed the provision of an optical fibre facility, owned
or provided by TCI, and the related installation and maintenance
services on the facility. |
7. |
TCI submitted that Xit's premise was
evident from the various Bell Canada tariff notices (TNs) referenced by
Xit as the basis of its intervention. TCI noted that the special
facilities services proposed in all of the Bell Canada TNs included the
provision of Bell Canada's optical fibre facilities, either on a leased
or outright-sale basis, together with the provision of related
installation or maintenance services by Bell Canada. |
8. |
TCI submitted that, contrary to Xit's
understanding, the company was proposing to provide maintenance services
on both the fibre strands and the support structures that were built and
owned by the customer of the proposed maintenance service. TCI further
submitted that its proposal did not include the provision or
installation of TCI fibre facilities. |
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Commission's analysis and determination
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9. |
The Commission notes that Decision 2002-76
dealt with customer-specific arrangements that bundled tariffed and
forborne services and the required filing of tariffs for such bundles.
The Commission finds that TCI's proposed service is not a bundle and,
contrary to Xit's suggestion, Decision 2002-76
does not apply. |
10. |
The Commission is satisfied that the
proposed tariff provides an adequate service description and meets the
imputation test. |
11. |
The Commission approves TCI's
application, effective the date of this Order. |
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Secretary General |
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This document is available in alternative
format upon request, and may also be examined in PDF
format or in HTML at the following Internet site: http://www.crtc.gc.ca
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