Posted 07/2000
Rules Briefs
Regulators with the Canadian Radio-television and Telecommunications Commission (CRTC) (www.crtc.gc.ca) recently issued a ruling on the side of competitors. Following completion of a review of several companies' Terms of Service, which set out the basic rights and obligations of both the telephone companies and their competitors, the CRTC found that most of the terms were appropriate in today's current state of competition. However, the CRTC made significant changes and did the following:
- Removed a limitation on the companies' liability in cases of anticompetitive behavior;
- Included a provision that a competitor's service generally cannot be suspended or disconnected without 30 days' notice; and
- Required the telcos to report all service outages that affect competitors that exceed 15 minutes in duration.
"It is not appropriate to limit the telephone companies' liability where anticompetitive behavior is demonstrated," says CRTC Chairman Françoise Bertrand. The order (CRTC 2000-397) applies to BCT.TELUS Corp. (www.telus.com) and subsidiaries TELUS Communications Inc. and TELUS Communications (Edmonton) Inc.; Bell Canada (www.bell.ca); Island Telecom Inc. (www.itas.net); Maritime Telegraph and Telephone Co. Ltd. (www.mtt.ca); MTS Communications Inc. (www.mts.mb.ca); NBTel Inc. (www.nbtel.nb.ca); NewTel Communications Inc. (www.newtel.com); Northwestel Inc. (www.nwtel.ca); Québec-Téléphone (www.quebectel.qc.ca) and Télébec Ltée (www.telebec.qc.ca); and other independent telcos in Quebec and Ontario.
On the "RBOCs getting in long distance" front, the U.S. Department of Justice (www.usdoj.gov) says that SBC Communications Inc. (www.sbc.com) has made progress in easing the department's concerns about the ILEC's entry into the long-distance business in Texas. The FCC (www.fcc.gov) has until this month to rule on SBC's bid. Meanwhile, several CLECs petitioned the Georgia Public Service Commission (www.psc.state.ga.us) to set up a comprehensive procedure to further local competition in the state. No doubt anticipating BellSouth Corp.'s (www.bellsouth.com) in-region interLATA bid in Georgia, the CLECs wanted it on the record again that BellSouth is focused on Section 271 long-distance entry and "not upon opening the local market to wide-scale competition." The CLECs want further proceedings on performance measurements, OSSs, UNE costs and collocation issues.
The FCC voted to consider allowing the use of ultra-wideband technology without a license. In endorsing the technology, the FCC says ultra-wideband devices "appear to be able to operate on spectrum already occupied by existing radio services without causing interference." Regulators say the technology could benefit public safety, consumers and businesses. The FCC will seek comments on its proposal to forego licensing of ultra-wideband device technology. Potential applications include short-range, high-speed data communications suitable for broadband access to the Internet and radar imaging of buried or obstructed objects. Interference test results are due to be submitted to the FCC by Oct. 30.
Once again, FCC Chairman William E. Kennard told Congress that he is postponing until September the spectrum auctions that were slated for June 7. In a letter to Senate appropriators--who already have factored the auction proceeds into their budget
calculations--Kennard wrote that he has "serious concerns about the compressed timing for these auctions." The auctions are for 36 MHz of spectrum at 700 MHz, formerly analog TV channels 60 to 69. The spectrum is considered a prime slot for future wireless services such as third-generation phones. The first rescheduling forced the auctions from a May to the June date. The auctions now are set to begin Sept. 6.
