Enforcing CRTC orders

MTS Allstream is getting frustrated with the glacial pace of compliance with the CRTC’s orders (Order numbers 2007-20 to 25) to introduce tariff elements for various next generation access services – such as ethernet, wholesale ADSL, etc.

The Commission determines that the incumbent local exchange carriers (ILECs) shall provide to competitors, as part of their Ethernet services, an Ethernet access service, together with the Ethernet transport service and the Ethernet central office (CO) connecting link service.

That is the current law of the land. The CRTC’s orders were issued on January 25 and I wrote about them that week. At the time, I noted

There is an underlying subtext that needs to be explored at another time. The CRTC found that wholesale ethernet and ADSL are non-essential services, yet the Commission is imposing rates and terms that differ from those initially proposed by the ILECs. Contrast this to the Minister’s direction that requires the CRTC to determine the extent to which regulation of non-essential services should be phased out.

Bell, Bell Aliant, Sasktel and TELUS appealed the Orders [in 5 separate review and vary applications], but the CRTC has not yet granted a stay. The January CRTC Orders required these new service elements to be tariffed within 25 days – as in mid-February.

An order was issued – actually, 6 orders were issued – and until they are stayed or overturned, one would think that there should be compliance. Since no stay has been granted, MTS Allstream has now filed a letter with the CRTC asking for it to enforce its orders, if necessary by registering the orders with the Federal Court.

That would turn up the heat on those tariff filings, since people tend to be more concerned about failure to comply with court orders.

Interesting watching.

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