ARCHIVED - Telecom - Commission Letter - 8690-V22-01/02 - Application by VidéotronTélécom ltée against Bell Canada and Bell Nexxia relative to the Provision ofFibre Optic Private Networks
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LetterOur File: 8690-V22-01/02 BY FAX Ottawa, 23 December 2002 TO: Interested Parties Re: Application by Vidéotron Télécom ltée against Bell Canada and Bell Nexxia relative to the Provision of Fibre Optic Private Networks Dear Sir/Madam: This letter deals with the request for public disclosure of information filed under claim of confidence by Bell Canada in connection with the above-noted proceeding. Staff is also requesting supplementary information from Bell Canada. The request for disclosure in question was made by Vidéotron Télécom ltée (Vidéotron) on 6 December 2002 and Xit Télécom (Xit) on 10 December 2002. A response from Bell Canada was received on 13 December 2002. Attachment 1 deals with the requests for public disclosure, and Attachment 2 deals with the Commission's requests for supplementary information. Unless otherwise expressly indicated, the party concerned is to file with the Commission all information to be provided pursuant to this letter by Friday, 10 January 2003, serving copies on all interested parties by the same date. This material shall 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 that process, a number of factors are taken into account. 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. Commission's requests for information In reviewing the responses to the requests for information, staff realized that they were missing information needed to complete their analysis of the issue. Consequently, Bell Canada will have to respond to the requests for supplementary information set out in Attachment 2. Change in timetable of proceeding Considering the above process, the timetable for this proceeding is changed as follows: Vidéotron may file with the Commission pleadings on the matters raised in the responses to the requests for information from Bell Canada and copy all the other parties by 17 January 2003. Bell Canada may then file rebuttals with the Commission and copy all the other parties by 27 January 2003. Interested parties may file with the Commission pleadings on the matters raised in the responses from Bell Canada and the pleadings from Vidéotron and copy all the other parties by 27 January 2003. Vidéotron may then file rebuttals with the Commission and copy all the other parties by 4 February 2003. Yours sincerely,
Paul M. Godin Attachments Questions regarding procedure or electronic information should be addressed to: procedure@crtc.gc.ca
DISCLOSURE OF CONFIDENTIAL INFORMATION Bell(CRTC)6nov02-2
Bell(CRTC)6nov02-3
Bell(CRTC)6nov02-4
Bell(CRTC)6nov02-5
1. Provide full details of the arrangements entered into by Bell Canada and Bell Nexxia which relate to the request for proposals (RFP). Include a copy of all arrangements/contracts entered into by Bell Nexxia and the Commission scolaire des Patriotes. 2. In respect of the services provided under the arrangements/contracts identified in request for information 1 above, provide block diagrams, accompanied by detailed descriptions, showing all services, service components, facilities (including but not limited to support structure access, network maintenance and network surveillance), tariff references, locations, and service providers (including Bell Canada and Bell Nexxia, each separately delineated) associated with the provision of service. a) For each identified service, service component and facility, indicate who is providing the service, service component or facility. To the extent that rights of ownership or other legal interests have been transferred from Bell Canada to Bell Nexxia, or vice versa, in connection with the services, service components or facilities associated with the arrangements/contracts identified pursuant to 2 above, indicate the holder of such legal interest prior to and after such transfer.
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