Order Varying Telecom Decision CRTC 2006-15 — 4.
4. Paragraphs 512 to 535 of the Decision are replaced by the following: Application for local forbearance 512. The Commission will establish a process for dealing with applications for local forbearance filed pursuant to the framework set out in this Decision. 513. In an application for local forbearance, the ILEC should provide evidence that it has satisfied all the criteria referred to in paragraph 242 or indicate that it will make the demonstration referred to in paragraph 242b) after filing the application. Each application should only be with reference to one relevant market and should list the tariff items and associated tariff numbers of the services for which the ILEC is requesting local forbearance. 514. An application for local forbearance should be accompanied by a draft communications plan for the Commission’s approval. The plan should describe how the ILEC intends to explain local forbearance to customers in the relevant market, provide information concerning the ongoing availability of stand-alone PES in the market and provide contact information for customers who have questions or concerns. 515. If an applicant ILEC is making applications for a number of contiguous local exchanges, the ILEC may request that the Commission determine those applications together. 516. The applicant ILEC will, prior to filing, serve a copy of its application on all registered CLECs and any other known TSP providing local exchange service in the relevant market. Other parties that may be interested in commenting on such applications for local forbearance will be responsible for monitoring the Commission’s website in order to be aware of when such applications have been filed. 517. The Commission will post the application to its website once it is received. The Commission notes that applications that are deficient in providing all of the required information, or that are not accompanied by all of the required documents, will be returned to the applicant ILEC. 518. The Commission notes that it may request that the applicant ILEC or others provide further information or documents that it considers necessary to determine whether local forbearance is warranted. 519. In establishing a process for dealing with applications for local forbearance, the Commission considers it important to provide a process that allows for timely decisions to be rendered for those applications. Consequently, if the ILEC provides all the required information and documents in the required form, the Commission undertakes, subject to paragraphs 520 to 522, to complete its analysis of, and render its decision respecting applications which rely on paragraph 242a)(ii) or (iii) within 120 days after the day on which the application is received. 520. Applications for local forbearance that propose a division of business local exchange services into multiple relevant markets will not be subject to the undertaking. 521. If the applicant ILEC indicates in its application that it will make the demonstration referred to in paragraph 242b) after filing the application, the Commission will commence its analysis of the application, but the application will not be subject to the undertaking. 522. Applications for local forbearance that relate to local exchanges that are located wholly or partially within the census metropolitan area of Calgary, Edmonton, Halifax, Hamilton, London, Montreal, Ottawa-Gatineau, Quebec City, Toronto, Vancouver or Winnipeg, will be given priority by the Commission. Special circumstance 523. If, prior to granting local forbearance, the Commission is informed that the ILEC’s application is based on competition in the relevant market from an independent fixed-line telecommunications service provider that, including all of its affiliates, has less than 20,000 local exchange services customers in Canada, the forbearance will not be effective until at least 18 months after the day on which the service provider began providing local exchange services in that