Interim Determination. 158. TBI’s objections concerning this matter are addressed by Clause 5.7 of the modified changes to Clause 5, as set forth above.
Interim Determination. 21
5.3.1.1 Required language 21 5.4 CLAUSE 1 “DEFINITIONS” 23
4.1 Generally 23 5.4.1.1 Interim Determination 23 5.5 CLAUSE 2 “PROVISION OF SERVICE” 24
5.5.1 Generally 24 5.5.1.1 Interim Determination 24 5.5.2 Clause 2.1 25 5.5.2.1 Interim Determination 26 5.5.3 Clause 2.3 27 5.5.3.1 Interim Determination 27
Interim Determination. The MAIA that is to result from the MAIA approval process established by the Remedies GD need only apply to those markets (and their associated SMP Products) in which BTC has been found to have SMP, and upon which wholesale access service obligations have been imposed, i.e., those that are covered by paragraph 65 of the Remedies GD. Pertaining to BTC, these relevant markets are: Market Nos. 10 through 13 and 18 through
Interim Determination. We agree in principle with TBI’s request for "common terms" but note that paragraph 72 of the Remedies GD states that:
Interim Determination. The Authority considers that, in addition to the specific “Compliance with Law” provisions contained in Clause 10 of the Draft MAIA, the inclusion of an additional Clause immediately following the “Definitions” section would provide further clarity to all parties. This new “Introduction” Xxxxxx would clarify the purpose of the agreement, establish its regulatory context, and contain an explicit statement that the agreement satisfies paragraph 65 of the SMP Order. However, the parties are reminded, as discussed at paragraph 39, that ECA Section 24(3)(b), together with RAA Section 58, establishes the Authority as the competent authority in the first instance to resolve any disputes relating to an access and interconnection agreement covering SMP Products to which an SMP operator is a party. Accordingly, BTC is instructed to add the following language to its Draft MAIA immediately following the “Definitions” section.31
Interim Determination. We agree with TBI that BTC’s general terms for its retail customers are not, as a whole, applicable in a wholesale environment or appropriate for application to the retail customer of a Carrier. As such, the definition of, and all references, to “General Conditions” should be removed from BTC’s Draft MAIA. If BTC believes that portions of its General Conditions are reasonably applicable in the wholesale environment, BTC should include that text in its Core/Residential Compliance MAIA for review and approval by the Authority.
Interim Determination. 80. While we find TBI’s comment reasonable, we consider that it may not be best addressed in Clause 2, which does not appear to relate to dealings with End-Users. BTC’s Draft XXXX neglects to address this important issue, including the circumstances in which BTC will be permitted to have direct contact with the retail customer being served by a Carrier using the wholesale services provided by BTC.
Interim Determination. Accordingly, in the absence of a sound justification for adopting an alternative minimum notice period, BTC should amend Clause 2.1 of the Draft MAIA as follows:
Interim Determination. 89. Clause 2.3 of the Draft MAIA states: “In consideration of BTC’s agreement to supply the Services during the Term, the Carrier agrees to pay BTC the Charges”. “
Interim Determination. The Authority considers that, on expiry of individual orders for services, there are valid situations in which the service may not be renewed by BTC. For example, in respect of wholesale broadband services, if BTC’s retail broadband service offerings change, then the wholesale service offerings would also need to be altered so as to allow replication by the Carrier of BTC’s retail pricing. This means that, at the expiry of the Initial Term, there would be cases where a wholesale service is no longer available because the retail offering upon which the wholesale service is based is no longer offered. However, it seems reasonable to limit BTC’s ability to deny renewals at the end of the Initial Term to those particular circumstances.
