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Telecom Public Notice
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Ottawa, 11 May 1990
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Telecom Public Notice CRTC 1990-46
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CRIMINAL INTELLIGENCE SERVICE OF ONTARIO - RELEASE OF INFORMATION BY BELL CANADA
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The Commission has received an application from the Telephone Committee of the Criminal Intelligence Service of Ontario (CISO), dated 25 January 1990, filed pursuant to section 49 of the National Telecommunications Powers and Procedures Act. CISO represents police forces throughout Ontario.
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In its application, CISO states that Bell Canada (Bell) will not release to the police agencies it represents information relating to Bell's technical facilities, namely, information with respect to cables and pairs, wire out locations and special circuits. CISO states that Bell refuses to release such information on the basis that it is information kept by Bell regarding the customer and, as such, falls within Article 11 of the company's Terms of Service. CISO argues that the police require the information in question for various investigative purposes, and requests that the Commission amend Article 11 to permit its disclosure.
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Bell filed its answer on 28 February 1990. Bell submits, among other things, that the information requested is customer-specific and, pursuant to Article ll of its Terms of Service, cannot be divulged except with the customer's consent or pursuant to a legal power. Bell expresses various concerns with respect to the release of this information without proper authorization from the courts.
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In its reply, dated 19 March 1990, CISO denies that information of the type sought is customer-specific and argues that Article 11 does not therefore apply. Moreover, CISO is of the opinion that Bell would be obliged to comply with a Commission order to release the information.
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Article 11 provides that customer information kept by Bell, other than the customer's name, address and listed telephone number, is confidential and may not, subject to certain exceptions, be disclosed unless a customer consents in writing or unless disclosure is pursuant to a legal power. CISO's application relates to the interpretation of Article 11, which is also found in the Terms of Service of British Columbia Telephone Company and Northwestel Inc. Those wishing to comment on the issues raised by the application, including other federally regulated carriers, are therefore invited to do so.
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Procedure
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1. The application, answer, and reply may be examined at the offices of the CRTC in the following locations:
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Room 201,
Central Building,
Les Terrasses de la Chaudière, 1 Promenade du Portage,
Hull, Quebec
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Complex Guy-Favreau,
East Tower,
6th Floor,
200 René-Lévesque Blvd. West,
Montréal, Quebec
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Suite 1007,
Bank of Commerce Building,
1809 Barrington Street,
Halifax, Nova Scotia
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Suite 1500,
800 Burrard Street,
Vancouver, British Columbia
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A copy of the related documents can be obtained by any interested person upon request directed to CISO at the address noted below.
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2. The mailing addresses to be used in connection with this proceeding are:
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Rosemary Chisholm
Acting Secretary General
CRTC
Ottawa, Ontario
K1A 0N2
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Mr. G. F. Ouellette
Chairman, Governing Body
Criminal Intelligence
Service of Ontario
Chief of Police
Thunder Bay Police Force
425 East Donald Street
Thunder Bay, Ontario
P7E 5V1
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Mr. Peter J. Knowlton
Assistant General Counsel
Bell Canada 25 Eddy Street
4th Floor
Hull, Quebec
J8X 4B5
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3. Those wishing to comment on the application (interveners) must do so by writing to the Commission by 22 June 1990. Copies of comments must be served on Bell and on CISO, also by 22 June 1990.
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4. Bell may file further comments, serving copies on CISO and on interveners, by 13 July 1990.
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5. CISO may file final comments, serving copies on Bell and on interveners, by 3 August 1990.
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Rosemary Chisholm
Acting Secretary General
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