ARCHIVED - Telecom Commission Letter - 8640-N51-200403452 - NorthernTel Part VII - WAN forbearance application - Request for disclosure
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
LetterBY FAX Our file: 8640-N51-200403452 Ottawa, 29 June 2004 To: Allstream Corp., NorthernTel Limited Partnership Re: NorthernTel 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) as part of its comments filed on 10 May 2004 with respect to NorthernTel Limited Partnership's (NorthernTel's) application for WAN forbearance. No other party asked for the release of information filed in confidence by NorthernTel. In its comments dated 10 May 2004, Allstream requested that NorthernTel disclose the service description, location and competitor information contained in the attachment to its application. In its reply, dated 15 June 2004, NorthernTel noted that TELUS Québec filed similar information under claim of confidence in its 11 July 2003 application 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, NorthernTel is not required to place any of the additional information requested by Allstream on the public record of this proceeding. Yours sincerely,
Paul Godin c.c.: O.N. Telcom Date modified: 2004-06-29 |
- Date modified: