ARCHIVED - Telecom - Commission Letter - 8695-C12-19/02 - Telecom Public Notice CRTC2002-1 - Northwestel Inc. - Initial annual review of supplemental funding- Requests for disclosure and for further responses to interrogatories

Our file: 8695-C12-19/02

Ottawa, 19 September 2002

To: Telecom Public Notice CRTC 2002-1 Interested Parties

Re: Telecom Public Notice CRTC 2002-1 - Northwestel Inc. - Initial annual review of supplemental funding - Requests for disclosure and for further responses to interrogatories

This letter deals with requests for further responses to interrogatories and for disclosure of information filed by a number of parties to the above-noted proceeding.

Requests for disclosure or for further responses to interrogatories were received from the Public Interest Advocacy Centre on behalf of the Consumers' Association of Canada, Action Réseau Consommateur, la Fédération d'associations coopératives familiale, and the National Anti-Poverty Organization (CAC et al.), the Government of the Northwest Territories (GNWT), TELUS Communications Inc. (TELUS) and the Yukon Government (YG). Also, by letter dated 5 September 2002, CAC et al. withdrew its request for a further response to one of its interrogatories.

A response to these requests was received from Northwestel Inc. (Northwestel) on 6 September 2002.

Requests for public disclosure are addressed in Part I below and in Attachment 1 to this letter, while requests for further responses are addressed in Part II and Attachment 2.

Northwestel is to file with the Commission all information to be provided pursuant to this letter by Friday, 27 September 2002, 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.

Part I - 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 Attachment 1 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.

Accordingly, Northwestel is to place on the public record all of the information listed in Attachment 1 that was subject to a claim of confidentiality.

Part II - Requests for Further Responses

With regard to requests for further responses, the requirements of subsection 18(2) of the Rules apply. The general principles enunciated by the Commission in past proceedings include the following considerations.

The major consideration is the relevance of the information requested to the matter at issue.

The availability of the information requested is also a factor, which is balanced against the relevance of the information. If the provision of the information sought would require an effort disproportionate to the probative value of the information itself, further responses will not be required.

Another factor considered is the extent to which an interrogatory answer is responsive to the interrogatory as it was originally asked. Generally, parties are not required to provide further responses to requests for further information from a party that did not ask the original interrogatory.

Having regard to the considerations set out above, Northwestel is to provide further responses to the extent set out in Attachment 2 to this letter.

Yours sincerely,

Shirley Soehn
Executive Director, Telecommunications

Attachments

c.c.: Jim MacKay, CRTC, (819) 953-8454

DISCLOSURE OF CONFIDENTIAL INFORMATION

NWTel(CAC et al.)10May02-34, Attachment 1

NWTel(CRTC)10May02-124, Attachment 1

Provide the net revenue figures, by tariff item, for 2001, as set out in the response to interrogatory NWTel(CAC et al.)10May02-34, Attachment 1, and for 2002, as set out in the response to interrogatory NWTel(CRTC)10May02-124, Attachment 1, on the public record.

NWTel(TELUS)10May02-7 c) and d)

Provide the full responses to parts c) (locations) and d) (capital cost) on the public record.

FURTHER RESPONSES TO Interrogatories

NWTel(GNWT)10May02-5 b)

Provide a full and complete list of the specific requirements the company considers should be met before any lowering of the carrier access tariff (CAT) rate takes place. State all assumptions.

NWTel(YG)10May02-12

Provide sample contracts which set out parameters and notification.

Date modified:

2002-09-19