Part 3
Operating Powers
24 Definitions
25,26 Exclusive
rights
27 Discontinuance
of service
28 Interconnection
29 Subsidies
30 Conditions
of service
31 Entry
to property
32 Telecommunication
lines
33 Use
of power poles
34 Overhanging
cross arms
35 Acquisition
of land
36 Attachments
Part 4
City‑Commission Relations
37 Definition
38 Settling
a dispute
39 Special
telecommunication tribunal
40 Application
of Public Utilities Board Act
Part 5
General
41 Regulatory
authority
42 Duty
to supply service
43 Toll
revenue
44 Boundary
change
45 Telecommunication
systems connections
46 Board
powers
47 Regulations
48 Licensing
regulations
Part 6
Consequential Amendments and Repeals
49‑54 Consequential
amendments
55 Repeals
56 Coming
into force
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1(1) In this Act,
(a) “basic
service” means a telecommunication service designated as a basic service
(i) by the Board, with respect to services under its regulatory
authority, or
(ii) by the City, with respect to services under its regulatory
authority;
(b) “Board”
means the Public Utilities Board;
(c) “City”
means The City of Edmonton;
(d) “Commission”
means The Alberta Government Telephones Commission;
(e) “system”
means a telecommunication system and includes all land, plant, supplies,
buildings, works, rights, franchises, easements, assets and property of every
kind owned, held, required or used for the purpose of, or in connection with,
or for the operation of the telecommunication system;
(f) “telecommunication”
means any transmission, emission or reception of signs, signals, writings,
images, sounds, data, message or intelligence of any nature by wire,
radiocommunication, cable, waves or any electronic, electromagnetic or optical
means but does not include the transmission, emission or reception of
broadcasting that is a radiocommunication in which the transmissions are
intended for direct reception by the general public;
(g) “transaction”
means a transaction under the Alberta
Government Telephones Reorganization Act.
(2) Any reference in this Act to a system owned by the City
includes a system owned by a corporation, all of whose issued shares are held
by the City.
1988 cT‑3.5
s1;1990 cA‑23.5 s42
Part 1
Alberta Government Telephones
The Commission
2(1) The Alberta Government Telephones Commission is
continued as a corporation under this Act.
(2) Repealed
1990 cA‑23.5 s42.
(3) The Commission is an agent of the Crown in right of Alberta
and its powers may be exercised only as an agent of the Crown.
1988 cT‑3.5
s2;1990 cA‑23.5 s42
Members
3(1) The Commission shall consist of a chairman and
any other persons appointed as members by the Lieutenant Governor in Council.
(2) The chairman and other members shall receive the
remuneration prescribed by the Lieutenant Governor in Council.
1988 cT‑3.5
s3;1990 cA‑23.5 s42
Management
4 The Commission may
(a) make
by‑laws regulating its proceedings and generally for the conduct,
management and operations of the Commission, and
(b) unless the Lieutenant Governor in Council
directs that the work of the Commission be done by employees of the Government,
hire employees, specify their duties and determine and pay their remuneration.
1988 cT‑3.5
s4;1990 cA‑23.5 s42
Purposes of Commission
5 The purposes of the Commission are
(a) to
fulfil any transactions in which the Commission is involved,
(b) to
pay or perform the debts, liabilities or obligations of the Commission
remaining or arising following the closing of the transactions and to enter
into or administer arrangements with purchaser corporations with respect to the
funding of those payments,
(c) to
exercise any rights and remedies and to otherwise deal in any manner in respect
of any indebtedness or other obligation of a purchaser corporation,
(d) to
acquire, invest and dispose of sinking fund assets of the Commission,
(e) to
conclude its business and affairs and distribute money and other assets to the
Government, and
(f) to do all other things directed by the
Lieutenant Governor in Council.
1988 cT‑3.5
s5;1990 cA‑23.5 s42
Capacity
6 To carry out its purposes, the Commission has
the capacity and the rights, powers and privileges of a natural person.
1988 cT‑3.5
s6;1990 cA‑23.5 s42
Change of name
7 After the closing of the transactions, the
Lieutenant Governor in Council may, by order, change the name of the
Commission.
1990 cA‑23.5 s42
8,9 Repealed 1990 cA‑23.5 s42.
Exemption from approval
10 Section 91.1(2)(a) of the Public Utilities Board Act does not apply to notes, bonds,
debentures or other securities issued by the Commission.
Guarantee
11(1) The principal and interest of any borrowings by
the Commission and the principal and interest of, and any premiums payable
under, any notes, bonds, debentures or other securities issued by the Commission,
whether issued before or after the coming into force of this subsection, are
hereby guaranteed by the Government of Alberta.
(2) The
guarantee, in a form and manner that the Lieutenant Governor in Council may
approve, may be endorsed on any notes, bonds, debentures or other securities
issued by the Commission and may be signed on behalf of the Government by the
Provincial Treasurer, a Deputy Provincial Treasurer or some other person whom
the Lieutenant Governor in Council designates.
(3) The
signature of the Provincial Treasurer, a Deputy Provincial Treasurer or the
person designated by the Lieutenant Governor in Council, on the guarantee is
conclusive proof that the relevant provisions of this Act have been complied
with.
(4) If
in respect of any notes, bonds, debentures or other securities issued by the
Commission it becomes necessary or desirable under the terms of any guarantee
given on behalf of the Government to make payment under the guarantee, the
payment may be made on the order of the Lieutenant Governor in Council
(a) out
of the General Revenue Fund, without further appropriation, or
(b) from
the proceeds of any loan made under the Financial
Administration Act or the sale of securities owned by the Government.
12 Repealed 1990 cA‑23.5 s42.
Sinking fund
13 Subject to the approval of the Lieutenant
Governor in Council, the Commission has power to provide for the creation,
management and application of sinking funds or other means of securing the
repayment of any loan raised or notes, bonds, debentures or other securities
issued by the Commission, including the redemption by call of any securities
issued subject to redemption in advance of maturity.
14 Repealed 1990 cA‑23.5 s42.
Surplus earnings
15 The Commission shall pay to the Provincial
Treasurer from the surplus of the Commission any money that the Commission with
the approval of the Lieutenant Governor in Council determines.
Annual report
16(1) The Commission shall annually, after the end of
its fiscal year, prepare a report showing the revenues and expenditures during
its last fiscal year, together with a full and complete statement of the
reserve funds of the Commission and an audited balance sheet, and any other
information that the Lieutenant Governor in Council may require.
(2) When
the report is prepared, the Minister shall lay a copy of it before the
Legislative Assembly, if it is in session, and if not, at any time during the
next ensuing session.
17,18 Repealed 1990 cA‑23.5 s42.
Part 2
Edmonton Telephones
Scope of business
19(1) Subject to this Act, the City may carry on the
businesses of
(a) providing
basic services;
(b) providing
other telecommunication services and services pertaining to telecommunications;
(c) research
in and consultation in telecommunications and in businesses pertaining to
telecommunications;
(d) purchasing,
constructing, extending, maintaining, manufacturing, operating, leasing to and
from others, and otherwise acquiring and disposing of systems, including
private communication systems;
(e) manufacturing,
repairing, buying, selling, leasing to and from others, and otherwise trading
in goods, merchandise and services pertaining to telecommunications.
(2) The
business referred to in subsection (1)(a) may be carried on only within the
municipal boundaries of Edmonton, and the system used to provide those services
must be owned by the City or a corporation all of whose issued shares are held
by the City, but the operation and management may be by some other corporation
under an agreement with the City.
Capacity
20(1) For the purpose of carrying on any business
under this Act and carrying out its powers and duties, the City
(a) has
the capacity and, subject to this Act, the rights, powers and privileges of a
natural person,
(b) may
incorporate corporations and enter into partnerships,
(c) may
become a member of or purchase or otherwise acquire and sell or otherwise
dispose of common, preferred or other shares in any corporation, whether or not
it is incorporated in Alberta, that either directly or indirectly through an
affiliated corporation, as defined in the Business
Corporations Act, provides or intends to provide a service or produces or
intends to produce a product that, in the opinion of the City, pertains to
telecommunications, and
(d) may
make loans to, guarantee the loans of or provide other guarantees or
indemnities to or on behalf of a corporation of which it is a member or in
which it holds common, preferred or other shares under clauses (b) and (c), or
an affiliated corporation of that corporation, and take any security for the
loans, guarantees or indemnities that the City considers advisable.
(2) Except
as provided in section 19(2), the capacity and power of the City to carry on
business under this Act is not limited to the municipal boundaries of Edmonton.
Special assessment
21 The City may provide for the cost of the
construction, installation, expansion, replacement and annual maintenance of
the system owned by it by a special tax on the taxable property in the City.
1988 cT‑3.5
s21;1994 cM‑26.1 s642(69)
Borrowing powers
22(1) The City may borrow money for the purposes of
the system owned by the City under this Act.
(2) A borrowing under subsection (1) is subject to Part 8 of the
Municipal Government Act.
1988 cT‑3.5 s22;1994
cM‑26.1 s642(69)
Ownership of system
23(1) The City may sell the local exchange system
owned by it.
(2) If
the the local exchange system in Edmonton ceases to be owned by the City or by
a corporation all of whose issued shares are held by the City,
(a) this
Part, except clause (b) of this subsection, Part 4 and section 41 cease to have
any effect, and
(b) any
reference to the City in this Act shall be deemed to be a reference to the
owner of that system.
Part 3
Operating Powers
Definitions
24 In this Part,
(a) “company”
means
(i) AGT Limited, or
(ii) the City or the corporation that owns or operates the system
operating within the municipal boundaries of Edmonton;
(b) “long distance service” means a basic
service, as defined by the Board, that extends beyond the local exchange
calling area.
1988 cT‑3.5
s24;1990 cA‑23.5 s42
Exclusive rights
25(1) Subject to subsection (2), AGT Limited has the
exclusive right to carry on the business of providing basic services within
Alberta.
(2) AGT Limited does not have the right to carry on the business
of providing basic services within the municipal boundaries of Edmonton, except
for long distance service, which may be provided only through interconnection
with the system of the City.
1988 cT‑3.5 s25;1990
cA‑23.5 s42
Exclusive rights
26(1) Subject to subsection (2), the City has the
exclusive right to carry on the business of providing basic services within the
municipal boundaries of Edmonton.
(2) The City does not have the right to carry on the business of
providing long distance service except as agent of AGT Limited and only through
interconnection with the system of AGT Limited.
1988 cT‑3.5
s26;1990 cA‑23.5 s42
Discontinuance of
service
27 The City may discontinue telecommunication
service supplied by the City to any person while
(a) any
toll or charge payable by the person for long distance service from AGT
Limited, or
(b) any
reasonable security for the payment of the tolls and charges of AGT Limited,
remains unpaid.
1988 cT‑3.5
s27;1990 cA‑23.5 s42
Inter-connection
28 Subject to the regulations, a company may enter
into agreements for the connection, intercommunication, joint operation,
reciprocal use or transmission of business between
(a) any
systems within Alberta, or
(b) a
system within Alberta and a system outside of Alberta,
owned or operated by the
parties to the agreement and for any consequent division of receipts,
expenditures or profits or any financial or other adjustments advisable or
necessary for the purposes of the agreement.
Subsidies
29 No revenue of a company arising from the
provision of basic services shall be applied to subsidize the provision of
telecommunication services other than basic services.
Conditions of service
30 The telecommunication service supplied by a
company to any person is subject to the terms and conditions and the basic
service rates published in the company’s current tariffs.
Entry to property
31 A company may, subject to the regulations, enter
any property for the purpose of installing, examining, maintaining, repairing,
disconnecting, replacing or removing any telecommunication line or equipment of
the company.
Telecommunication lines
32(1) A company may construct, erect and maintain
telecommunication lines along the sides of, across or under any public highway,
street, lane, bridge or watercourse whether the title to the highway, street,
lane, bridge or watercourse is vested in a municipality or in the Crown.
(2) If
any dispute arises with respect to the use of a public highway, street, lane or
other public place under this section between a company and any municipality,
the Board may determine the dispute.
Use of power poles
33 Subject to any agreement to which the company is
a party, a company
(a) may
place telecommunication lines and other components of its system on the poles
and in the communication space used or intended for use in the supply,
transmission or distribution of electric power, and
(b) shall
pay the owner of any poles so used for the use thereof in the amount agreed on
or, in the absence of agreement, in the amount set by the Board on the
application of the company or the owner.
Overhanging cross arms
34 Any line and any cross arm or other attachment
to a pole forming part of a telecommunication line may project over the
property adjoining a public highway, street, lane or other public place, and
any trees or shrubs that are likely to or do interfere with the overhanging
cross arm, line or other attachment may be trimmed to the extent necessary and
the owner of the adjoining property is not entitled to compensation for the
overhanging cross arms, lines or attachments or on account of the trimming.
Acquisition of land
35 When a company requires an estate or interest in
land for the purpose of plant, works or a telecommunication line, the estate or
interest may be acquired in land owned by the Crown or any other person
(a) by
negotiation with the owner, or
(b) by
expropriation under the Expropriation Act.
Attachments
36(1) No person shall fix or allow to remain fixed to
any telecommunication equipment of a company any equipment, attachment, device,
apparatus or contrivance capable of transmitting or receiving messages passing
through a telecommunication system of the company that is not approved or
authorized in writing by the company or supplied by the company.
(2) Any
attachment or device mentioned in subsection (1) shall, for the purposes of
this section, be considered to be fixed to telecommunication equipment if it is
attached or fixed thereto or placed on, over, under or adjacent to that
equipment in such a manner as to be able to be used in connection therewith.
(3) A
person who contravenes this section is guilty of an offence and liable to a
fine of not more than $2000.
(4) When
a person is convicted of an offence under this section, the equipment,
attachment, device, apparatus or contrivance by means of which the offence was
committed may, on the conviction and in addition to any punishment that is
imposed, be ordered by the court to be confiscated to the Crown in right of
Alberta, and it may be disposed of as the Minister of Justice and Attorney
General directs.
(5) This section does not apply to any person acting in
accordance with an Act of the Parliament of Canada.
1988 cT‑3.5
s36;1994 cG‑8.5 s89
Part 4
City‑Commission Relations
Definition
37 In this Part, “tribunal” means the special
telecommunication tribunal established under section 39.
Settling a dispute
38(1) If a dispute arises between the City and AGT
Limited in respect of the interrelationship, either direct or indirect, of the
telecommunication systems owned by them, the tribunal, on the application of
the City or AGT Limited, may settle the dispute after hearing the parties.
(2) The
tribunal has all the jurisdiction and power it requires to make any order it considers necessary to settle a
dispute under subsection (1).
(3) An
order made by the tribunal under this section is binding on the City and AGT
Limited.
(4) Notwithstanding
subsections (1) to (3) and any order that the tribunal may make settling a
dispute between the City and AGT Limited,
(a) the
City shall continue to regulate the City system and set rates for City
subscribers,
(b) the
Board shall continue to regulate AGT Limited system and set rates for AGT
Limited subscribers,
(c) the
existing management prerogatives of the City and of AGT Limited shall be
maintained, and
(d) the tribunal shall not decide matters
respecting the mandate of the City or of AGT Limited as it is defined in this
Act.
1988 cT‑3.5
s38;1990 cA‑23.5 s42
Special
telecommunication tribunal
39(1) There is hereby established a special
telecommunication tribunal consisting of the following:
(a) 1
member appointed by the City;
(b) 1
member appointed by AGT Limited;
(c) 3
members appointed by the chairman of the Board from among the members of the
Board.
(2) A
member of the tribunal shall be appointed for a period of not more than 5
years.
(3) The
chairman of the Board shall designate one of the members appointed under
subsection (1)(c) as chairman of the tribunal.
(4) The chairman of the tribunal is entitled to hold the
position of chairman as long as he continues to be a member of the Board and of
the tribunal.
1988 cT‑3.5
s39;1990 cA‑23.5 s42
Application of Public
Utilities Board Act
40 Part 1 of the Public Utilities Board Act applies to the tribunal and proceedings
before the tribunal as if the tribunal were a division of the Board and the
members of the tribunal appointed under section 39(1)(a) and (b) were acting
members of the Board.
Part 5
General
Regulatory authority
41 The City, by by‑law, may
(a) establish
the terms and conditions under which telecommunication service is provided by
the City;
(b) fix
the rates, charges, tolls, fares and rents for telecommunication services
provided by the City and the times and places where they will be payable and
provide for a discount that the City considers expedient for prepayment or
punctual payment, or an additional charge on the rates, tolls, fares or rents
in arrears that the City considers advisable for failure to pay them until
after the date fixed for payment;
(c) provide
for the collecting of the rates, charges, tolls, fares or rents;
(d) provide
for enforcing payment of those rates, charges, tolls, fares or rents by action
or by discontinuance of service;
(e) provide
for enforcing the terms and conditions under which the telecommunication
service is supplied to a person either
(i) in the general by‑law under which the service is supplied,
or
(ii) in an agreement made with the person receiving the service,
by discontinuing the
service until the person complies with the terms and conditions or those of
them that the City designates in the by‑law.
Duty to supply service
42 If there is a sufficient capacity in its system,
the City shall supply basic services, on the terms the City considers
advisable, to any building within the municipal boundaries of Edmonton and
situated on land lying along the line of the system at the request of the owner
or occupant or other person in charge of the building.
Toll revenue
43(1) The City and AGT Limited are entitled to a
share of the toll revenue generated within the municipal boundaries of Edmonton
based on usage.
(2) The City and AGT Limited shall accept the obligation to
provide funds to finance telephone services in Alberta that are not self‑supporting.
1988 cT‑3.5
s43;1990 cA‑23.5 s42
Boundary change
44 If any part of the municipal boundary of
Edmonton is altered, AGT Limited or the City, as the case may be, continues to
have the right to provide basic services in the area affected by the alteration
until a transfer of the local exchange business and associated assets in the
affected area has been made.
1988 cT‑3.5
s44;1990 cA‑23.5 s42
Telecommunication
systems connections
45(1) When the owner of a system
(a) desires
to have his system connected or reconnected with the system of another owner
for the purpose of obtaining direct communication between the systems, or
(b) is
dissatisfied with the terms and conditions on which an existing connection
between the systems is maintained or proposed to be maintained,
the owner may apply to
the Board for an order directing the connection, reconnection or maintenance of
the existing connections, as the case may be.
(2) On
the application, the Board,
(a) in
accordance with the regulations, and
(b) after
taking into consideration all circumstances that in its opinion ought to be
considered,
may make any order that
the Board considers proper and may thereby
(c) prescribe
the conditions on which the order is to become operative, and the rates, tolls,
charges or other compensation to be paid by either owner to the other owner, or
by any person or persons to either of the owners, in respect of the connection
or reconnection or maintenance of an existing connection or in respect of the
benefit accruing therefrom,
(d) vary
the terms and conditions of any existing connection or direct any connection to
be discontinued, and
(e) give
any other ancillary directions that in the opinion of the Board are calculated
to render the order a complete and effective remedy.
(3) The
owner of a system whose business and operations are not subject to the
legislative authority of Alberta may, if he has capacity to do so, apply under
this section, but every order made as a consequence of the application is only
effective with respect to matters within the legislative authority of Alberta.
(4) This
section does not apply to connections with the system owned by the City.
Board powers
46(1) Part 1 of the Public Utilities Board Act applies to proceedings and orders of the
Board under this Act.
(2) If
any conflict exists between this Act and Part 2 of the Public Utilities Board Act, this Act prevails.
(3) The
Board has the capacity to accept and exercise powers respecting the regulation
of telecommunications conferred on it by or pursuant to an Act of Parliament.
(4) If
the Province is entitled to appoint a member to a body established by or
pursuant to an Act of Parliament and having powers respecting the regulation of
telecommunications, a member of the tribunal established by Part 4 may be
appointed to that position by the chairman of the Board.
Regulations
47 The Lieutenant Governor in Council may make
regulations
(a) applicable
to the Board and the City in the categorization of telecommunication services
as basic services;
(b) respecting
the connection of the system owned by the City with other systems, except that
of the Commission;
(c) respecting
the connection of the system owned by the Commission with other systems, except
the system owned by the City;
(d) notwithstanding
anything in this or any other Act, delegating any power, duty or function
relating to the regulation of telecommunication services to an agency of the
Crown in right of Canada having regulatory powers with respect to
telecommunications;
(e) respecting
the times, places and conditions of entry on property pursuant to section 31.
Licensing regulations
48(1) The Lieutenant Governor in Council may make
regulations
(a) providing
for the licensing of owners of systems;
(b) prohibiting
any person or class of person from engaging in the operation of a system, class
of system, or any part of a system without a licence;
(c) exempting
a system or class of system from any or all of the regulations made under this
section;
(d) governing
applications for licences or renewal of licences and the requirements to be met
by the applicants or on renewal;
(e) governing
the fees to be paid on application for a licence or the renewal of a licence;
(f) governing
the terms or conditions of a licence;
(g) governing
the information to be given to the issuer of the licence by a licensee from
time to time;
(h) governing
the circumstances under which a licence may be refused, cancelled or suspended.
(2) The
Lieutenant Governor in Council may delegate any or all of the powers under
subsection (1) to the Board subject to any terms or conditions that the
Lieutenant Governor in Council may impose.
(3) Any
person who fails to comply with a regulation made under this section is guilty
of an offence and liable
(a) to
a fine of not more than $2500, or
(b) in
the case of a continuing offence, to a fine of not more than $500 a day for
every day during which the offence continues.
Part 6
Consequential Amendments
and Repeals
49 to 54 (These sections make consequential amendments to other Acts. The
amendments have been incorporated in those Acts.)
Repeals
55 The
following Acts are repealed:
(a) The Municipal Telephone Act;
(b) The AGT‑Edmonton Telephones Act;
(c) the Rural Mutual Telephone Companies Act;
(d) An Act respecting the Sale and Purchase of a
Telephone System owned and operated by the Western General Electric Company,
Limited, in the City of Red Deer and vicinity, and respecting the Joint User of
Pole Lines by the said Company and the Government of the Province of Alberta;
(e) the Alberta Government Telephones Act.
Coming into force
56 This
Act comes into force on Proclamation.
(NOTE: Proclaimed in
force July 22, 1988.)
