ARCHIVED - Telecom - Commission Letter - 8678-C12-10/01 - Implementation of price cap regulation for TELUS Québec and Télébec (Public Notice CRTC 2001-36) - Requests for disclosure and for further responses to interrogatories

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Our file: 8678-C12-10/01

Ottawa, 5 November 2001

To: Interested Parties

Re: Implementation of price cap regulation for TELUS Québec and Télébec (Public Notice CRTC 2001-36) - Requests for disclosure and for further responses to interrogatories

This letter deals with requests for disclosure of information filed under claim of confidence by TELUS Québec in the above-noted proceeding.

A request for disclosure was received from ARC et al. on the 26 October 2001.

A response to the request was received from TELUS Québec on 1 November 2001.

The request for public disclosure is addressed in the Attachment to this letter.

Unless otherwise expressly indicated, relevant parties are to file with the Commission all information to be provided pursuant to this letter by Thursday, 8 November 2001, serving copies on all interested parties by the same date. This material should be received, and not merely sent, by that date.

This letter reflects the Commission's objective of ensuring that all parties have the benefit of the maximum amount of information placed on the public record at the earliest appropriate stage, in order to facilitate a more efficient and effective proceeding.

Requests for Public Disclosure

Requests for disclosure of information for which confidentiality has been claimed are assessed in light of sections 38 and 39 of the Telecommunications Act and section 19 of the CRTC Telecommunications Rules of Procedure (the Rules). In the case of each request, the public interest in disclosure is weighed against the specific direct harm, if any, likely to result from disclosure. In doing so, a number of factors are taken into account, including the following.

The degree of competition that exists in a particular market is an important consideration in assessing requests for disclosure. All things being equal, the greater the degree of competition in a particular market, the greater the specific harm that could be expected to result from disclosure.

Another factor in assessing the extent of harm is the expected usefulness of the information at issue to parties in furthering their competitive position. In this regard, an important consideration is the degree to which the information at issue is disaggregated. Generally speaking, the more aggregated the information, the less the likelihood that harm will flow from its disclosure.

The expectation that specific direct harm might result from disclosure is not, by itself, sufficient to justify maintaining a claim of confidentiality. In certain circumstances, substantial harm from disclosure may still be outweighed by the public interest in disclosure.

Finally, the treatment of confidentiality requests should not be taken as an indication of the manner in which such matters would be dealt with in the future, in different circumstances.

Having regard to the considerations set out above, the information subject to a claim of confidence in the interrogatories listed in the Attachment is to be placed on the public record of this proceeding. In each case where full or partial disclosure is to occur, it is considered that the specific direct harm likely to be caused by disclosure would not outweigh the public interest in disclosure.

Yours sincerely,

John Macri
Director, Regulatory Finance


c.c.: Claude Rousseau, CRTC, (819) 997-4605

Questions regarding procedure or electronic information should be addressed to:

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TELUS Québec is to provide its answer to the above noted interrogatory on the public record.

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