GATINEAU – The Canadian Network Operators Consortium (CNOC) says that Bell Canada’s recent application requesting an expansion of the CRTC’s unbundled local loop (ULL) regime needs to be refiled. The group argues that Bell is asking for changes that directly challenge several of the Commission’s findings from Telecom Regulatory Policy 2015-326. CNOC contends, therefore that Bell should file a proper review and vary application.
In its November 24 Part 1, Bell asks the Commission to include services that are functionally equivalent to ULLs for forbearance purposes. As well, the company wants the rate freeze for lower-speed legacy services expanded to include those “traditionally provided over copper.” CNOC counters that the CRTC conducted a comprehensive review of all wholesale wireline services and if Bell wants changes, it should do so properly.
“Indeed, all of the services that Bell is now seeking to either make part of the ULL forbearance regime or for which Bell seeks to have rates frozen were included in the record of the proceeding leading to TRP 2015-326,” argues CNOC. “Some of these services were also explicitly considered in TRP 2015-326, with the Commission rejecting having them included in those two regimes.”
“The review and vary requirements cannot simply be ignored at Bell’s whim.” – CNOC
Co-location services such CDN DS-1 Central Office links was such service and there were many others evaluated by the Commission during the proceeding that led to TRP 2015-326. Even services which carried an inflation adjustment were studied with the decision ultimately determining that there wasn’t enough evidence on the record to merit a change in regulatory status of these services so nothing was done.
“Disturbing the continuation of the status quo ordered by the Commission should require a review and vary application, particularly when there was no evidence on the face of the record of the original proceeding justifying a change in the regulatory status of those services,” states CNOC.
Procedural fairness requires Bell to follow the rules. “The review and vary requirements cannot simply be ignored at Bell’s whim,” the group adds.
