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

Letter

Our File: 8690-V22-01/02

BY FAX

Ottawa, 23 January 2003

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.

The request for disclosure in question was made by Vidéotron Télécom ltée (Vidéotron) on 13 January 2003.

A response from Bell Canada was received on 17 January 2003.

The attachment deals with the requests for public disclosure.

Unless otherwise expressly indicated, Bell Canada is to file with the Commission all information to be provided pursuant to this letter by Tuesday, 28 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.

Change in timetable of proceeding

Considering the above, the timetable for this proceeding is changed as follows:

Vidéotron may file with the Commission comments on the matters raised in the responses to the requests for information from Bell Canada and shall copy all the other parties by 4 February 2003.

Bell Canada may then file its answer to Vidéotron's comments with the Commission and shall copy all the other parties by 11 February 2003.

Interested parties may file with the Commission submissions on the matters raised in the responses from Bell Canada and the comments from Vidéotron and shall copy all the other parties by 11 February 2003.

Vidéotron may then file reply comments with the Commission and shall copy all the other parties by 18 February 2003.

Yours sincerely,

Paul M. Godin
Director
Competition and Technology
Telecommunications

Attachment

Questions regarding procedure or electronic information should be addressed to: procedure@crtc.gc.ca

DISCLOSURE OF CONFIDENTIAL INFORMATION

Bell(CRTC)23Dec02-1

Bell Canada is to provide its answer to the above noted interrogatory on the public record as detailed below:

• The information regarding costs incurred to determine facility availability and post-installation conduit inspection can be maintained in confidence.

• The information under the heading "Coûts - Bell Canada - 9 janv. '03" can be maintained in confidence.

Attachment 4