ARCHIVED - Telecom Commission Letter - 8640-T78-200402090 - Télébec Part VII - WAN forbearance application - Request for disclosure
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LetterOur file: 8640-T78-200402090 Ottawa, 28 June 2004 By fax to: Allstream Corp., Télébec, société en commandite Re: Télébec Part VII - WAN forbearance application - Request for disclosure A request for public disclosure of information filed under claim of confidence was received from Allstream Corp. (Allstream) in comments filed on 10 May 2004 with respect to the Télébec Part VII application for WAN forbearance. By Commission staff letter dated 18 May 2004, Télébec, société en commandite (Télébec) was requested to notify other WAN service providers in its operating territory of its application. No other party commented or asked for the release of information filed in confidence by Télébec. In its comments dated 10 May 2004, Allstream requested that Télébec disclose the service description, location and competitor information contained in the attachment to its application. In its reply, dated 15 June 2004, Télébec noted that TELUS Québec filed similar information under claim of confidence in its 11 July 2003 application for WAN forbearance in its serving territory, and the Commission did not require TELUS Québec to place the information in the public domain. 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. 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, Télébec is not required to place any of the additional information requested by Allstream on the public record of this proceeding. Yours sincerely,
Paul Godin Date modified: 2004-06-28 |
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