CALGARY – Shaw Communications told the CRTC on Thursday that it will take the necessary steps to become a competitive local exchange carrier (CLEC).
Having entered the local telephony market in Calgary on Valentine’s Day this year with a voice over Internet protocol (VOIP) service, Shaw has put a scare into Telus, which complained in a submission to the Commission in March that Shaw should be forced to cease and desist selling the service due to the cableco’s “non-compliance with local entry rules.”
Telus is of the opinion that Shaw needed to comply with the CRTC’s Telecom Decision 97-8 and register as a CLEC before it launched its telephony service this winter. Among other obligations, registering as a CLEC compels a local phone provider to provide equal access, that is, enable their customers to choose whatever competitor they like for their telecommunications’ services. So, for instance, customers could choose Shaw for local phone but Telus for long distance, if they wished.
“Shaw has not been authorized by the Commission to commence offering local telephone services in Calgary nor any of the other urban areas where it has made clear its intention to offer local telephone services,” says the Telus application of March 29.
The Commission postponed any decision on this application until its VOIP decision was rendered – which happened on Thursday, May 12 (Decision 2005-28). It then gave Shaw seven days to respond to the Telus complaint (It also did the same to a number of pressing telecom issues now before it. See related stories on www.cartt.ca today for more)
Shaw’s answer said that its reading of Decision 97-8 meant becoming a CLEC was more of a voluntary thing – and since the May 12 VOIP decision said that cable providers must register as CLECs, that Shaw would now register as one.
“Prior to the VOIP decision, it was Shaw’s understanding that the acquisition of CLEC status was a voluntary decision that allowed a carrier that accepted and complied with CLEC obligations, to benefit from CLEC privileges,” says Shaw’s May 19th response. “It is clear that Shaw is now required, by Decision 2005-28, to fulfill the requirements of a CLEC and the CLEC entry procedures. Shaw will fully comply with its regulatory obligations.” For now, Shaw has been acting under the regulations as a local service reseller.
As for equal access, that’s coming, even though its customers don’t want it anyway, says Shaw.
“In respect to the equal access obligation, Shaw understands that implementation of equal access requires both network modifications and changes to IT business processes for the receipt, processing and provisioning of orders,” says the Shaw response. “Shaw is working diligently to implement equal access.
“Shaw notes that it is offering its local VOIP service as a bundle with unlimited IX (inter-exchange) calling for a single bundled rate,” continues its submission. “It is extremely unlikely, therefore, that Shaw customers would wish to purchase the IX services of another service provider. Consistent with this, Shaw has not received any requests by customers or IXC’s (IX Carriers) for access to an alternate IX provider.”
What’s left unsaid is how many customers would be aware enough of telecom regulations to even ask about equal access, or care to take advantage of it if they did know.
While Telus has asked the Commission to deal with its application under the Commission’s “Expedited procedure for resolving competitive issues,” Telecom Circular 2004-2, it’s expected the complaint will be rolled into the local exchange forbearance hearings coming in the fall, along with the other telecom complaints, found in stories on www.cartt.ca today.
– Greg O’Brien
