ARCHIVED - Letter
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Ottawa, 28 April 2011
Our Reference: 8661-C12-201102350, 8611-C12-201016882
BY E-MAIL
To Distribution List
Re: Telecom Notice of Consultation CRTC 2011-77 (TNC 2011-77), Review of billing practices for wholesale residential high-speed access services, and business speed matching proceeding
By letter dated 5 April 2011, Commission staff requested TELUS Communications Company (TCC) to provide on the public record all information in Table 3 of the TCC study reports filed on 10 Dec 2010 and 11 Mar 2011.
By letter dated 20 April 2011, TCC indicated that the information contained in Table 3 of its costs study pertains to the competitors’ forecasted demand and argued that its Phase II costing manual states specifically that only wholesale service tariff subject to Phase II costs plus 15 percent mark-up pricing requires that competitors’ demand by year be placed on the public record.
TCC submitted that Commission staff cannot direct TCC to provide competitor demand on the public record, because it would be contrary to the directive from the TCC’s Phase II costing manual which has been approved by the Commission. TCC further submitted that prior to providing the requested information on the public record for the Wholesale Internet ADSL service, an amendment to TCC’s Phase II costing manual would be required from the Commission in order to comply with such an order.
As indicated in its letter dated 5 April 2011, Commission staff reiterates that an assessment of a request for disclosure of information submitted under claim of confidence will be made based on a number of factors, including:
(i) the degree of competition that exists in a particular market;
(ii) the degree to which the information at issue is disaggregated; and
(iii) the specific direct harm likely to result from the disclosure of the information and the extent to which such harm might outweigh the public interest in disclosure.
Commission staff considers that there is no conflict between its determination to disclose the competitors’ forecasted demand on the public record and TCC’s Phase II costing manual (at paragraph 3-83) because the manual addresses disclosure requirements associated with wholesale services that are subject to Phase II costs plus 15% mark-up pricing but not wholesale services that are the subject of the above-noted proceedings. Even if there were a conflict, Commission staff considers that the information is important for the specific purposes of these proceedings as it will allow competitors to assess the reasonableness of the forecast levels of competitor demand assumed in the cost studies. Thus, consistent with the principles enunciated in the 5 April letter, the confidential treatment of information in one context is not to be taken as an indication of the manner in which such matters will be dealt with in a future case, such as the present one, where the information is sufficiently important to test in the public forum.
Commission staff therefore requests that TCC provide on the public record of the above-noted proceedings all information in Table 3 of the TCC study reports filed on 10 Dec 2010 and 11 Mar 2011. This information is to be filed with the Commission and served on all parties by 2 May 2011. The above material must be received, not merely sent, by this date. Copies of the documents should also be sent to richard.page@crtc.gc.ca.
Yours sincerely,
Original signed by
Lynne Fancy
Director General
Competition, Costing and Tariffs
Telecommunications
cc: Yvan Davidson, yvan.davidson@crtc.gc.ca;
Richard Pagé, richard.page@crtc.gc.ca;
Tom Vilmansen, tom.vilmansen@crtc.gc.ca;
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