Rogers maintains retail DNA rates still not allowed under CRTC policy

Rogers Wireless notes that comments submitted in response to its application requesting the CRTC to enforce determinations made in Telecom Decision 2005-6 clarify circumstances surrounding DNA link rates, but they don’t justify the practice. The following is an edited excerpt from Rogers’ February 13 reply comments. After the release of Decision 2005-6 and the creation of CDN services, DNA link rates were rolled into the CDN access service. No further retail DNA link rates were to apply. The commission specifically provided for the one situation, in which it was aware, where this was not the case and directed the ILECs, if they so wished, to file a tariff for a copper-based CO connecting link CDN service. In response to the commission determination, the ILECs could have filed the requested tariff with a supporting cost study. Only Telus chose to file such a study. Telus’ proposed tariff requests approval of $4.23 per month per link. The commission subsequently approved this item on an interim basis as a one-time $180.25 other connecting link charge. All the other ILECs stated that they did require a connecting link service. Despite this, retail DNA link charges began appearing on competitor invoices, in contravention of Decision 2005-6. Bell Canada has described these link charges as being in-house DS-1s which it claims are captured by the working of paragraph 525 of Decision 2005-6. Based on the comments received on the public record, it appears that there are two instances in which the ILECs are levying retail DNA link charges on CDN services. The first instance applies under situations where links are requested between only CDN intra-exchange, Metro IX and channelization services. This practice is in violation of Decision 2005-6. The second instance involved a situation, referenced by Primus, where the CDN services are connected to what Bell Canada and SaskTel refer to as other ILEC services. These charges are unlawful in the following three ways: 1) the carriers did not file a tariff for these charges as required by Decision 2005-6; 2) the charges are priced at retail rates even though they were found to be Category 1 services in Decision 2005-6; and 3) those charges described as in-house DS-1 services are not levied pursuant to any tariff, in contravention of the Telecommunications Act. Bell Canada lists these other ILEC services, for which they argue that retail DNA links should apply, as TOPS switches for DA, switching and aggregation, message relay service, 911, SS& STP’s and wireless access. SaskTel lists these other ILEC services by their more general competitor service categories: interconnection circuit to interconnection circuit cross connection links for co-location, IXC interconnection, trunk and line-side interconnection and wireless access service. While these ILEC admissions clarify the circumstances under which retail DNA links are being applied, they do not provide any justification for the practice. It is important to note that competitors rely extensively on these links to connect Category 1 competitor services such as wireless access service and IXC switching and aggregation. In essence, Bell Canada, Aliant and SaskTel argue that retail DNA rates are being appropriately applied despite the fact they are being used to connection Category 1 competitor services. The ILECs have failed to demonstrate any lawful basis to charge competitors retail DNA link rates on CDN-eligible facilities. Rogers Wireless requests that the commission grant the relief requested in its application.

Rogers maintains retail DNA rates still not allowed under CRTC policy

News | February 23, 2006

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