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Order CRTC 2000-789-1
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Ottawa, 31 January 2001 |
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Terms and rates approved for large cable carriers' higher speed
access service
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Reference: Cogeco Cable Canada inc. Tariff Notices 3 and 3A; Rogers
Communications Inc. Tariff Notices 9 and 9A; Shaw Communications Inc.
Tariff Notice 3; and Vidéotron ltée Tariff Notices 6 and 6A and related
agreements |
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Corrections to Order CRTC 2000-789 dated
21 August 2000
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1. |
Rogers Communications Inc. Tariff Notice 9A should be included in the
reference. |
2. |
The appendix of the order is amended as follows and the revised text
is in bold: |
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Directions to Cogeco, Rogers, Shaw and Vidéotron
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- Include the following Item in the tariffs as Item 102.1.1 for
Cogeco, Rogers, Shaw and Item 101.1.1 for Vidéotron:
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"Nowhere in the tariff or in an Agreement entered into between
[name of carrier] and its customer with respect to this service, shall
there be a limitation, restriction or other term that is less favourable
than the basis on which the [name of carrier] uses its facilities to
offer its own higher speed retail Internet Service." |
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- Delete terms providing that the terms and tariffs do not apply to
services and facilities provided by the carrier to its own retail IS
subscribers (Cogeco, Rogers and Shaw Item 102.1.1; Vidéotron Item
101.1.1).
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- Incorporate the service suspension and termination terms set out in
paragraph 32 of Order 2000-397.
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- a) Amend the definition of Cable Modem Retail Level Internet
Services and of the POI and all other relevant terms, removing
references to DOCSIS, including the requirement for DOCSIS
compatibility and compliance;
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b) Include a term requiring that the cable modem used by the ISP
must be compatible with the carrier's access and distribution system.
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- Delete all terms that require a) the carrier's approval or
certification of specific modem models used by ISPs and b) provide
the carrier may change or withdraw such approval once given (Item
102.9.2 for Cogeco, Shaw and Rogers and Item 200.2.k for Vidéotron).
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- Include a term providing that the ISP and the carrier will give
each other advance notice in writing of POI and network changes that
affect the other party six months before the proposed changes or when
the carrier or ISP makes the decision to proceed with the change,
whichever is earlier (that is, a minimum of 6 months notice).
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- Include a term providing that the carrier will maintain a current
list of existing POIs in the tariff.
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- With reference to the slamming charge, substitute $60 for $300.
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- Ensure the tariff clearly indicates that the one year minimum
service period applies only to charges associated with the POI, and
not to end-user charges.
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- Reword terms referring to service availability such that they
provide that the access service will be available in locations where
the carrier offers retail higher speed IS, provided the necessary
facilities and equipment are available (Cogeco, Rogers and Shaw Item
102.3.3, Vidéotron, Item 200(3)(m)).
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- With respect to Item 102.1.2 (Rogers and Cogeco), Item 101.1.3
(Vidéotron) substitute and, in the case of Shaw (new Item 102.1.3),
insert the following: "These terms do not limit (name of
carrier) liability in case of deliberate fault or gross negligence,
anti-competitive conduct, or of breach of contract where the breach
results from the gross negligence of (name of carrier)."
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Directions to Cogeco, Rogers, Shaw or Vidéotron
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a) Cogeco, Rogers and Shaw - Add "validly" before
"disputed" in the first sentence of Item 102.7.2.
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b) Vidéotron - Replace "successfully" in Item 200.3.q
with "validly".
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c) Cogeco, Rogers and Shaw - Revise tariffs and service agreements
by inserting Vidéotron's slamming procedures (Schedule 6 of
Vidéotron's proposed interconnection agreement).
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- Cogeco, Rogers and Shaw - Add the words: "on which service is
or is to be provided" in Item 102.4.1 after the phrase
"[The carrier's] agents and employees may, at reasonable hours,
enter Premises".
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- Cogeco, Rogers and Shaw - Delete the words "In the event that
the End-user cancels the basic cable service provided by [name of
carrier] and receives broadcast services from an alternate BDU"
in Item 102.3.5 and substitute: "In the event that the
End-user's premises are located upon or within real property to which
[name of carrier] has not the requisite access or use right,".
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- Cogeco (Item 102.5.10), Rogers (Item 102.5.8) and Vidéotron (Item 201.3.f)
- Amend the Items to provide for a deposit of $1000.
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- Vidéotron - Remove "coaxial" in the definition of
Internet Service Provider in Item 200.2.
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- Vidéotron - Amend Item 200.3.a to provide for a minimum service
period of one year.
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- Vidéotron - Amend Item 200.3.f to remove the financial penalty.
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- Vidéotron - Delete Item 200.3.m.
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a) Shaw and Rogers - Amend the definitions of "end-user" to
remove the restriction to a residential end-user (Shaw: Delete Item
101.1.2(d) and Rogers: Delete the second sentence and the restriction
to the residential marketplace in the first sentence of
Item 102.8.4)), make all required consequential amendments and
include, at its option, an item describing the access service as being
designed for a residential market.
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b) Shaw and Rogers - Remove the restriction on use of the access
service in relation to end-user telecommuting.
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a) Cogeco, Shaw and Vidéotron - Remove terms limiting the types of
circuits that ISPs may use to interconnect with the POI.
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b) Rogers - Delete the second sentence in Item 102.5.3.
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c) Cogeco, Rogers, Shaw and Vidéotron - Include the
following provision in its tariff: "Interconnections at the POI
must be made via (a) one or more dedicated DS3's, (b) Fast Ethernet
100Base-FX, (c) OCS Packet over Sonet, (d) ATM, or other
mutually-agreed on high-speed telecommunications facility."
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d) Rogers, Shaw and Vidéotron - Make all consequential changes
required to its service or interconnection agreement.
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- a) Cogeco, Rogers and Shaw - (i) Delete Item 102.17.1(d); (ii)
Delete the reference in Item 102.17(g) to Item 8.3.
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b) Rogers - (i) Amend the references in Item 102.17.1(f) by changing
5.11 and 5.12 to 5.9 and 5.10, (ii) Delete the second sentence of Item
102.8.2 and (iii) Delete the reference in Item 102.17.1(g) to
Item 8.4.
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c) Vidéotron - (i) Delete the words "or regulate" in the
second sentence in Item 101.7.5 and (ii) Cross-reference
"7.5" in Item 101.12.1(f) by adding it to that Item.
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a) Delete Item 102.18.1 (a), (b) and (e);
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b) Delete the reference to 8.3 in Item 102.18.1(d); and
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c) Amend Item 102.17.5 by adding "to a customer or its
end-user" before the words "if such immediate action is
necessary…".
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- Vidéotron - Delete the second sentence in Part B, Item
201.3.g and substitute language reflecting the approach taken in
Sections 2.4 and 2.5 of Rogers's and Shaw's service agreements.
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- Cogeco, Rogers and Shaw - Amend the tariff to permit resale of the
access service.
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- Cogeco - Amend Item 101.1.5 by (i) changing "or" to
"and" and (ii) deleting the words "and any related
agreement".
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- Vidéotron - File, within 30 days of the date of this order,
Schedules 2 and 3 to its interconnection agreement or advise
the Commission when it anticipates it will file these Schedules.
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- Rogers and Cogeco - Delete Item 102.12.4.
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- Rogers, Vidéotron and Cogeco - Amend Item 102. 12.3 (Rogers
and Cogeco) and Item 101.9.2 (Vidéotron) by deleting paragragh (b)
and adding a second sentence as follows: "However, where the
problem is occasioned by (name of carrier) negligence, (name of
carrier) is also liable for the amount calculated in accordance with
[Article 12.5 (Rogers and Cogeco) and Article 9.3
(Vidéotron)]".
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- Rogers, Cogeco and Vidéotron - Amend Item 102.12.5 (Rogers and
Cogeco) and Item 101.9.3 (Vidéotron) by substituting the following
at the beginning of the Item: "Except with regard to physical
injuries, death or damage to customer premises or other property
occasioned by its negligence,…".
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- Rogers and Cogeco - Delete Item 102.12.7.
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- Shaw's and Rogers's service agreement - Delete section 6.3 and last
sentence of section 6.1(b).
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Secretary General
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This document is available in alternative format upon request and
may also be examined at the following Internet site: http://www.crtc.gc.ca |