CRTC denies Bell’s review and vary on toll-trunk tariff language

The CRTC has denied a request from BCE Inc. to stay a 2021 commission order mandating that the incumbent change its tariff language to include all competitive local exchange carriers (CLECs), finding that “there is no substantial doubt as to the correctness” of its previous decision. “Bell Canada submitted that the commission inappropriately used a commission order to make a policy decision about whether the tariff should apply more broadly to toll-free traffic from other CLECs. The commission does not accept Bell Canada’s argument that the commission’s changes to the tariff wording had the effect of expanding the scope of the proceeding without due process,” the CRTC wrote in its decision, released Wednesday. The issue started in 2019 when the commission directed Bell, as a condition of providing its routing of CLEC 800 and 888 call service, to deploy one-way toll trunks to connect with Rogers Communications Inc. switches in operating territories where Rogers also serviced. The toll trunks were to be deployed to route Rogers-originating toll-free traffic to Bell’s toll-free telephone number customers. The CRTC also asked Bell to file a revised tariff. In July 2020, Bell sought approval to only deploy one-way toll trunks to Rogers, based on tariff language it submitted to the CRTC which said Bell will receive originating toll-free traffic from “retail end-users destined for the Company’s toll-free telephone number customers over one-way toll trunks deployed” to Roger’s switches. In May 2021 the CRTC ordered it to change the language to include all CLECs instead of the Rogers-exclusive language. Two months later, Bell filed a review, vary and stay application with the commission, arguing that the CRTC was in the wrong to expand its scope without proper notice and it should have initiated a show cause or other, broader proceeding to determine “whether a toll-free arrangement similar to that required of Bell for Rogers should be available to all LECs who develop toll-free dipping functionality.” “While the commission did expand the tariff language more broadly, this did not expand the directions of as they relate to the dispute between , which remain in effect,” the CRTC wrote in its decision. Telus Corp., Quebecor Inc., and Distributel Ltd. all filed interventions siding with the commission. Telus argued that Bell was not ordered to interconnect with other CLECs and that the wording simply eases regulatory delays because there is no need to file a new tariff approval proceeding everytime it enters into an agreement with another CLEC. “The commission considers that the tariff wording did not have the effect of introducing any new requirements on Bell Canada. Bell Canada still maintains its ability to negotiate suitable interconnection arrangements with other CLECs, and parties may still engage the commission to resolve bilateral disputes, should they arise,” the CRTC wrote in its decision. Bell also argued it did not get the opportunity to raise concerns in regard to applying the Rogers toll-free decision to all local exchange carriers. The commission determined that the assessment of tariff wording within the context of a tariff notice proceeding was not out of the scope of the proceeding, therefore, there was no procedural unfairness. It added that it did not order Bell to enter into agreement with all local exchange carriers. The commission said in its Wednesday decision that its wording from the 2021 order “reduces regulatory burden and uncertainty by eliminating the need for a separate tariff notice” every time Bell enters into an arrangement with a CLEC. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

CRTC denies Bell’s review and vary on toll-trunk tariff language

News | June 9, 2022

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CRTC denies Bell’s review and vary on toll-trunk tariff language

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