Order CRTC 2001-760

Ottawa, 2 October 2001

The Commission denies a Part VII application by Rogers Wireless Inc. regarding Bell Canada's wireless access service tariff

Reference: 8661-R11-01/01

1.

On 4 June 2001, Rogers Wireless Inc. (RWI) filed an application asking the Commission to suspend Item G-250, subsection (c) (2) g., of Bell Canada's wireless access service tariff and to direct the company to issue forthwith an amended tariff page indicating the existence of trunk-side interconnection charges for activations or changes on a per-trunk group basis as distinct from a per-trunk basis.

2.

RWI submitted that Bell Canada had inappropriately characterized tariff notice 6571, which proposed, among other things, that Bell Canada's tariff be revised so that the rate for trunk activation or change would apply on a per-trunk, rather than on a per-trunk group basis as a "housekeeping" change. RWI further submitted that this change was, in fact, a rate increase.

3.

In a letter on 4 July 2001, Microcell Telecommunications Inc. supported RWI's application and submitted, among other things, that regardless of the disposition of RWI's request, Bell Canada should be ordered to reverse any charges paid by Microcell on a per-trunk basis before 1 May 2001.

4.

In its reply of 4 July 2001, Bell Canada submitted that, among other things, the Commission had approved the charging of the rate on a per-trunk basis in Order CRTC 2000-395, Providing trunk-side access and common channel signalling 7 to wireless service providers, dated 12 May 2000, pursuant to which, the company was ordered to apply the rates set out in Telecom Order CRTC 98-1190, dated 30 November 1998. The company noted that it mistakenly issued tariff pages that provided that the rate was to be applied on a per-trunk group basis. Bell Canada further submitted that TN 6571 was properly characterized as a housekeeping change, since it was merely correcting the tariff page to make it consistent with the Commission's direction in Order 2000-395.

5.

In its reply on 16 July 2001, RWI reiterated its previous arguments and submitted that, contrary to Bell Canada's position, the issue of whether the rate applies on a per-trunk basis had not been discussed in the proceeding that led to Order 2000-395. With respect to Bell Canada's reliance on Order 98-1190, RWI submitted that nowhere in Order 2000-395 (which, as noted previously, directed Bell Canada to apply the rates in Order 98-1190) did the issue of trunk versus trunk group rates arise.

6.

RWI further requested that the Commission order that Bell Canada reverse any per-trunk service charges for work done prior to 1 May 2001.

7.

The Commission notes that Order 2000-395 directed Bell Canada to issue revised tariff pages that reflected the rates as approved in Order 98-1190. The Commission further notes that Order 98-1190 clearly provided that Bell Canada was to apply the rates on a per-trunk, as distinct from a per-trunk group basis.

8.

The Commission agrees with Bell Canada that the company mistakenly issued revised tariff pages that referred to the rates for trunk activations or changes on a per-trunk group basis, rather than on a per-trunk basis as it should have been.

9.

The Commission disagrees with RWI's submission that the issue of a per-trunk rate was not discussed in the proceeding that led to Order 2000-395. While Bell Canada proposed rates to be applied on a per-trunk group basis, other companies in that proceeding proposed rates to be applied on a per-trunk basis.

10.

The Commission notes that Bell Canada's application of the rates on a per-trunk basis is consistent with Order 2000-395. Accordingly, the Commission denies RWI's request that the Commission suspend Item G-250 of Bell Canada's Special Facilities Tariff, Wireless Access Service, subsection (c) (2) g., and directs Bell Canada to issue an amended tariff page.

11.

Consistent with this ruling, the Commission also denies RWI's (and Microcell's) request that Bell Canada reverse any per-trunk charges for work undertaken prior to 1 May 2001.

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca