However, Bell has not given itself an undue preference, the Commission says
OTTAWA — Although the CRTC has determined Bell has not provided itself with an undue preference when it comes to how toll-free calls are currently routed in Canada, the Commission does agree with Rogers that Bell should deploy one-way toll trunks to connect to Rogers switches in the Bell operating territories in which Rogers also provides service. Bell now has 150 days to comply with the Commission’s directive.
After several months of attempted negotiations with Bell, Rogers in May filed a Part 1 application asking the CRTC to settle the dispute, as reported by Cartt.ca. Rogers argued that Bell was conferring upon itself an undue preference in its handling of toll-free traffic, because Bell was refusing to negotiate an alternative and reciprocal routing arrangement with Rogers. As it stands now, when Rogers residential customers dial Bell’s toll-free telephone number (TFTN) customers, Rogers routes the calls over its own two-way Bill and Keep (B&K) trunks to Bell. Rogers says this creates a traffic imbalance in Bell’s favour, resulting in Rogers compensating Bell. However, when Bell’s customers dial Rogers TFTN customers, Bell will not route this traffic over Bell’s two-way B&K trunks, instead forcing Rogers to use its own toll trunks to route toll-free traffic destined for Rogers TFTN customers.
In addition to arguing that Bell’s insistence on two distinct routing arrangements for outbound (Rogers to Bell) and inbound (Bell to Rogers) toll-free traffic was providing Bell with an undue preference, Rogers requested that the CRTC mandate Bell to deploy toll trunks to Rogers switches and to pay Rogers to receive its toll-free traffic from Rogers. Rogers also asked the Commission to allow it to start billing Bell as of April 1, 2019 for all toll-free-related charges and minutes associated with Rogers-originating toll-free traffic destined for Bell TFTN customers.
In its Telecom Decision CRTC 2019-390 issued Monday, the Commission did say Bell was conferring a preference upon itself and was subjecting Rogers to a corresponding disadvantage, because Bell requires Rogers to continue abiding by the existing asymmetric toll-free call routing arrangement between the two parties. However, the Commission went on to say the preference Bell is providing itself with is not undue.
As the Commission explained in its decision: “At the time that the Commission’s policies regarding network arrangements between ILECs and CLECs for the routing of TF [toll-free] calls were established pursuant to Telecom Decision 97-8, only ILECs possessed or otherwise had direct access to TFTN databases. As set out in Telecom Decision 97-8, ILECs bear the responsibility and expense associated with operating these databases, and for correctly identifying and properly routing all TF traffic travelling over their networks, including all TF traffic originating with CLECs and other IXSPs. Therefore, it was appropriate at the time for ILECs to be compensated for all the TF traffic they routed over their networks, regardless of the direction of the traffic flow.
“The Commission also specified in Telecom Decision 97-8 that its determinations regarding the routing of TF traffic between ILECs and CLECs would apply in the absence of ‘other arrangements,’ without specifying what those would or could be. No Commission ruling has since been made regarding such other arrangements, including alternative network interconnection (and by extension, billing) arrangements between ILECs and CLECs specifically for the routing of TF traffic.
“Therefore, until a CLEC acquired direct access to a TFTN database (Ed. note: Rogers has had access to its own TFTN database since 2018) and could conduct the carrier identification and routing functions for all traffic originating with that CLEC, the Commission’s existing policy regarding network arrangements for the routing of TF calls remained appropriate.
“In light of the above, the Commission finds that Bell Canada has demonstrated that its current TF routing arrangements with RCCI [Rogers Communications] comply fully with the policy framework set out in Telecom Decision 97-8 and with Bell Canada’s Commission-approved tariff. Accordingly, the Commission finds that the preference conferred by Bell Canada upon itself is not undue,” the CRTC writes in its decision.
However, the CRTC does agree with Rogers that the network interconnection arrangement for routing toll-free traffic between the two companies should by symmetrical and that Bell should be required to deploy toll trunks to connect with Rogers switches in order to receive Bell’s toll-free traffic.
“On the basis of the record of this proceeding, the Commission is of the view that RCCI and Bell Canada are unlikely to reach an agreement regarding a revised arrangement for the routing of TF traffic between the two parties,” the CRTC writes.
“Accordingly, pursuant to sections 24 and 40 of the Act, the Commission directs Bell Canada, as a condition of providing its Routing of CLEC 800/888 Calls service, to deploy one-way toll trunks to connect to RCCI’s switches to receive all RCCI-originating TF traffic destined for Bell Canada’s TFTN customers. These toll trunks are to be deployed in the Bell Canada operating territories in which RCCI also provides service, and are to be deployed within 150 days of the date of this decision.
“The Commission also directs Bell Canada to file with the Commission, at least 30 days prior to completing the deployment of the toll trunks, proposed revised tariff pages indicating that Bell Canada will receive RCCI-originating TF traffic destined for Bell Canada’s TFTN customers over the toll trunks deployed to RCCI’s switches. The Commission considers that these tariff modifications are required, in light of the finding of a material change in circumstances, to ensure that rates are just and reasonable, consistent with subsection 27(1) of the Act,” the CRTC adds.
Finally, the Commission denied Rogers’s request to start billing Bell, as of April 1, 2019, for all toll-free-related charges and minutes associated with toll-free traffic originating with Rogers and terminating with Bell.
“The Commission considers that, since Bell Canada did not have one-way toll trunks deployed to RCCI’s switches to receive RCCI-originating TF traffic destined for Bell Canada’s TFTN customers as of 1 April 2019, it would not be appropriate for RCCI to invoice Bell Canada starting on that date, or on any other date during which Bell Canada did not or does not have such toll trunks deployed to RCCI’s switches,” the CRTC writes in its decision.
“The Commission determines that it would be appropriate for RCCI to begin charging Bell Canada for the traffic in question on the date that Bell Canada completes the deployment of the one-way toll trunks to connect to RCCI’s switches,” the CRTC concludes.
