ARCHIVED - Telecom Commission Letter - 8678-C12-200615578

Letter

Ottawa, 14 June 2007

File No:   8678-C12-200615578                                                                       

BY EMAIL

To: Interested parties to Public Notice 2006-15

Dear Sir/Madam:

Re:   Review of proposals to dispose of the funds accumulated in the deferral accounts, Telecom Public Notice CRTC 2006-15 - Requests for disclosure and further response, and additional CRTC interrogatories

This letter addresses requests for the disclosure of information for which confidentiality was claimed and requests for further responses to interrogatories in the above-noted proceeding.   In addition, it includes further interrogatories directed to Barrett Xplore Inc. (BXI), Bell Aliant Regional Communications, Limited Partnership, Blue Sky Net, Canadian Cable Systems Alliance (CCSA), Execulink Telecom, Grant Internet Communications, MTS Allstream Inc. (MTS Allstream), Nexicom Inc. (Nexicom), Quebecor Média Inc. (QMI), Reztel Broadband (Reztel), Rogers Communications Inc. (Rogers), Télécommunications Xittel inc. (Xittel) and TELUS Communications Company (TELUS).

On 24 May 2007 , the Commission received requests for the disclosure of information for which confidentiality was claimed and/or requests for further responses to interrogatories from Axia SuperNet Ltd. (Axia), BXI, Bell Canada , and Public Interest Law Centre on behalf of Manitoba Keewatinook Okimowin (MKO).  

Responses to these requests were received, on 31 May 2007 , from Bell Canada, BXI, CCSA, Cogeco Cable Inc. (Cogeco), MTS Allstream, QMI, Rogers, TELUS, Xittel, and on 4 June 2007 , from Shaw Communications Inc.

Commission staff notes MKO's objection, at paragraphs 87-88 of its request for further responses to interrogatories and for public disclosure, to an email that MTS Allstream had sent to all parties on 18 May 2007 .   In this email, MTS Allstream had indicated that the confidential version of MTS Allstream(CRTC)30March07-3003, Attachment 1, had been sent in error, and provided an abridged version.   We are of the view that MTS Allstream's distribution of the confidential attachment was inadvertent, and that its request that parties replace the confidential attachment with an abridged version was reasonable.      

Requests for Disclosure

Requests for disclosure of information for which confidentiality was claimed are addressed in light of sections 38 and 39 of the Telecommunications Act and section 19 of the CRTC Telecommunications Rules of Procedure (the Rules).  In evaluating a request, an assessment is made as to whether there is any specific direct harm likely to result from the disclosure of the information in question.  In making this evaluation, a number of factors are taken into consideration, including the degree of competition that exists in a particular market or that is expected to occur.   All things being equal, the greater the degree of actual or expected competition, the greater the specific direct harm that could be expected to result from disclosure.   Another factor 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 likelihood that specific direct harm will flow from its disclosure.

Even where specific direct harm may result, this harm must be balanced against, and outweigh the public interest in disclosure in order to qualify for confidentiality.   In certain circumstances, specific direct harm from disclosure may still be outweighed by the public interest in disclosure.

Confidentiality requests are treated on a case-by-case basis and determinations in this instance should not be taken as an indication of the manner in which such matters would be dealt with in the future under different circumstances.

Having regard to the considerations set out above, the requests for disclosure of information filed with the Commission under a claim of confidentiality have been denied.

Requests for Further Response

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 information to a party that did not ask the original interrogatory.  

Having regard to all of the above considerations, Commission staff has determined that certain parties are to provide further responses to the extent set out in the Attachment to this letter.

Unless otherwise expressly indicated, parties are to file with the Commission all of the information specified in the Attachment, including the responses to further interrogatories, by 20 June 2007 , serving a copy on all interested parties by the same date.  These submissions must be received, not merely sent, by that date.  

Commission staff considers that these determinations address all previously unresolved issues pertaining to the disclosure of information for which confidentiality was claimed, including the issues raised in our 16 March 2007 show cause letter related to further disclosure by alternative broadband service providers.  

Yours sincerely,

'Original signed by C. Bailey'

Christine Bailey
A/Senior Manager, Tariffs

Encl.

c.c.:    Michel Murray, CRTC, 819-997-9300, michel.murray@crtc.gc.ca

ATTACHMENT

Further Information

TELUS COMMUNICATIONS COMPANY

TELUS(Axia)30Mar07-2(c)

Provide in confidence to the Commission the following information for each community referred to in TELUS(Axia)30Mar07-2 (list of communities in Attachment 1):

a)   the total costs for building transport facilities to each community;

b)   the total amount of deferral account funds that TELUS is proposing to use to offset the uneconomic portion of the costs of constructing the transport facilities to each community.

TELUS(Axia)30Mar07-2(d)

Provide in confidence to the Commission the total amount of deferral account funds that TELUS is proposing to use to cover the costs of constructing transport facilities to communities in its broadband proposal that are already served by the Alberta SuperNet.

MTS ALLSTREAM

MTS Allstream(MKO)30Mar07-3012

Provide a further response to this interrogatory addressing the answer with respect to MTS Allstream(CRTC)05Dec06-308 e).

Barrett Xplore

BXI( Bell Canada )30Mar07-101

Provide a detailed response to part b) of the interrogatory on the public record (for each community listed in part a), identify the DSA numbers associated with each of the Bell Canada Communities where BXI currently offers wireless broadband services).

BXI( Bell Canada )30Mar07-102

Provide a detailed response to part b) of the interrogatory in confidence to the Commission (identify the DSA numbers associated with each of the Bell Canada Communities where BXI has firm plans to offer broadband services).

Canadian Cable Systems Alliance

CCSA( Bell Canada )30Mar07-101

Provide a detailed response to part b) of the interrogatory on the public record (for each CCSA member company, identify the DSA numbers associated with each of the Bell Canada Communities where it currently offers wireless broadband services).

CCSA(Bell Canada)30Mar07-102

For each CCSA member company, identify in confidence to the Commission the DSA numbers associated with the Bell Canada Communities where each CCSA member company has firm plans to offer broadband services.

Cogeco Cable

Cogeco( Bell Canada )30Mar07-101

Provide a detailed response to part b) of the interrogatory on the public record (identify the DSA numbers associated with each of the Bell Canada Communities where Cogeco currently offers broadband services).

Cogeco( Bell Canada )30Mar07-102

Provide a detailed response to part b) of the interrogatory in confidence to the Commission (identify the DSA numbers associated with each of the Bell Canada Communities where Cogeco has firm plans to offer broadband services).

Quebecor Média

QMI( Bell Canada )30Mar07-101

Provide a detailed response on the public record to certain portions of parts b) and c) of the interrogatory as follows: identify the DSA numbers associated with each of the Bell Canada Communities where Videotron currently offers broadband service.

QMI( Bell Canada )30Mar07-102

Provide a detailed response to part b) of the interrogatory (identify the DSA numbers associated with each of the Bell Canada Communities where Videotron currently offers broadband service)

Télécommunications Xittel

Xittel( Bell Canada )30Mar07-101

Provide a detailed response to part b) of the interrogatory on the public record (identify the DSA numbers associated with each of the Bell Canada Communities where Xittel currently offers broadband service).

Xittel( Bell Canada )30Mar07-102

Provide a detailed response to part b) of the interrogatory in confidence to the Commission (identify the DSA numbers associated with each of the Bell Canada Communities where Xittel has firm plans to offer broadband services as part of its 2007-2008 deployment plan).

Additional CRTC Interrogatories 

Further interrogatory addressed to: Execulink Telecom, Grant Internet Communications, Nexicom, Reztel Broadband, Quebecor Média, Rogers Communications

8001     Refer to the company's submission(s) wherein it identified communities that Bell Canada proposed to include in its broadband expansion program where the company already provides, or has firm plans to provide, broadband services.   Using the maps in PDF format that Bell Canada provided on 30 March 2007 that identify distribution serving areas (DSAs) in each of the communities that Bell Canada proposed to include in its program, provide the following information:

For each community listed:

a)   where applicable, identify on the public record the DSA numbers associated with each of the Bell Canada proposed communities where the company currently offers broadband services; and

b)   where applicable, identify in confidence to the Commission the DSA numbers associated with each of the Bell Canada proposed communities where the company plans to offer broadband services.

Barrett Xplore

8002     Refer to BXI's 30 May 2007 response to the information request of Bell Canada.   Specify, in confidence to the Commission and consistent with the information requested at paragraph 9 of Public Notice 2006-15, the locations that are currently served or planned to be served by BXI that correspond to the communities included in the incumbent local exchange carriers' supplemental plans.

Blue Sky Net

8003      Refer to Blue Sky Net's submission(s) wherein it identified communities that Bell Canada proposed to include in its broadband expansion program that have received service or where service will be deployed as a result of government funding.   Using the maps provided by Bell Canada on 30 March 2007 that identify distribution serving areas (DSAs) in each of the communities that Bell Canada proposed to include in its program, provide the following information to the full extent that it is available to Blue Sky Net, Muskoka Community Network and North-eastern Ontario Network:

For each community listed:

a)   identify the DSA numbers associated with each of the Bell Canada proposed communities where broadband service currently exists; and

b)   identify the DSA numbers associated with each of the Bell Canada proposed communities where service will be deployed based on existing contracts.

Canadian Cable Systems Alliance

8004     Refer to the above request for further information related to CCSA( Bell Canada )30Mar07-101.   For each CCSA member company, complement the answer by specifying the DSA numbers associated with each of the Bell Canada Communities where the member currently offers broadband services using any technology (i.e., not only wireless).

Télécommunications Xittel

8005     Refer to the company's submission(s) wherein it identified communities that Bell Canada proposed to include in its broadband expansion program where the company already provides, or plans to provide, broadband services.   Provide in confidence to the Commission the geo-referenced maps described by Xittel (Map-Info compatible or PDF format).  

MTS Allstream

8006     Refer to MTS Allstream(CRTC)30Mar2007-1003.   Provide a revised Attachment 1 that would identify, on each page of the attachment, the community for which the address and postal code information applies.

9001     Refer to MTS Allstream's responses to MTS Allstream(CRTC)30Mar07-3001, and MTS Allstream(MKO)30Mar07-3014.   With reference to the cost studies for MTS Allstream's proposed broadband roll-out plan, provide revised tables for the sensitivity runs requested in MTS Allstream(CRTC)05Dec06-310 a), b), c), e), f) and g), keeping the number of communities, premises passed and the number of subscribers (except for part 'a', for the number of subscribers) the same as in the company's proposed broadband roll-out plan. The response should provide the two tables that were requested in MTS Allstream(CRTC)05Dec06-310 PN 2006-15. The abridged version of the response should be consistent with Commission staff's public disclosure determinations of 16 March 2007.

Bell Aliant Regional Communications

9002     Refer to Bell Aliant(CRTC)30Mar07-7001.   Provide a detailed cost study outlining the costs to enhance accessibility to Bell Aliant's website by 25 June 2007 and provide a copy to the interested parties to this proceeding.

TELUS Communications Company

9003     Refer to TELUS' response to TELUS(CRTC)30Mar07-1008,

a)     Describe in detail TELUS' concerns with respect to the network reliability of SuperNet broadband backbone facilities. Provide the company's views on the required level of network reliability for support of its broadband Internet access service. Compare the network reliability level for the company's broadband backbone facilities to the company's view of the network reliability level for SuperNet broadband backbone facilities;

b)     Provide details on "the complexity of an interface between TELUS' facilities and SuperNet facilities". Describe what interfaces TELUS requires to connect its broadband Internet access service at a community to broadband backbone facilities. Describe what interfaces are available to TELUS from SuperNet. Describe how TELUS could interface its broadband internet access service at a community served by SuperNet backbone facilities, providing details on the major complexities and issues related to interconnection with SuperNet backbone facilities; and,

c)     Provide details on the costs that TELUS would expect to incur in order to interconnect its broadband access service in a community to SuperNet facilities.

9004     Refer to TELUS' response to TELUS(Axia)30Mar07-2.   Provide in confidence with the Commission, for the communities listed in Atttachment 1 of TELUS(Axia)30Mar07-2, a comparison of the costs to TELUS of using SuperNet facilities to the costs of using TELUS-provided facilities to provide broadband backbone facilities to support broadband Internet access to these communities

DISTRIBUTION LIST :

regulatory.affairs@telus.com ;  document.control@sasktel.sk.ca ;  bell.regulatory@bell.ca ;  iworkstation@mtsallstream.com ;  cbergbusch@sasktel.net ;  xmasflower1257@hotmail.com ;  leonorjohnson@hotmail.com ;  ;  stark.chris@rogers.com ;  Davobergeron@yahoo.ca ;  anderson4200@shaw.ca ;  gphoeppner@shaw.ca ;  takachin_69@hotmail.com ;  deaftravel11@hotmail.com ;  harveyca21@yahoo.com ;  kdurs@shaw.ca ;  humptyj@hotmail.com ;  ctbelleau@yahoo.ca ;  kdurs@shaw.ca ; bcgrey_bear@hotmail.com ;  bsk@valkyrieriders.com ;  morin_sm@yahoo.ca ;  kc.2020@hotmail.com ;  gerichard@rogers.com ;  rikerstarr@yahoo.com ;  sharonkalk@shaw.ca ;  whbford2000@yahoo.com ;  sniven@shaw.ca ;  sp_cathcart@yahoo.ca ;  dpingitore@lightspeed.ca ;  elbrt4@rogers.com ;  tmcampbell@rogers.com ;  howardn@douglas.bc.ca ;  jboutros@globility.ca ;  wilsonchristine@rogers.com ;  rfee34@msn.com ;  cpresley@rogers.com ;  kasearson@rogers.com ;  sg3birley@hotmail.com ;  eeadie@mts.net ;  mark@mcsnet.ca ;  justdidit@generation.net ;  ruwruw@gmail.com ;  brant.jeffery@mycanopy.net ;  serge@serbernet.com ;  lbcconsulting@hotmail.com ;  deafwanderer@hotmail.com ;  whisperingbreeze@hfx.eastlink.ca ;  lizwarren@sasktel.net ;  bettyj@sasktel.net ;  dunkley9@yahoo.com ;  mecbell@rogers.com ;  craigloehr@yahoo.ca ;  s.milers.neverlose@hotmail.com ;  richard.mcnicoll@crim.ca ;  che76.bo@telus.net ;  cataylor@cyberus.ca ;  jlarose.aptn@gmail.com ;  david.watt@rci.rogers.com ;  aliciaponciano@shaw.ca ;  merv.bev.sanders@sasktel.net ;  macinniscarol@hotmail.com ;  alandcharlenequirk@hotmail.com ;  jonathanguinta@shaw.ca ;  isgeja@hotmail.com ;  merv.bev.sanders@sasktel.net ;  richmane@gov.ns.ca ;  leon.ally.vv@sasktel.net ;  sheilapacket@hotmail.com ;  fordgk@shaw.ca ;  gmkennedy@cogeco.ca ;  timkaringrieman@yahoo.ca ;  gmkennedy@cogeco.ca ;  justin.debaie@ns.sympatico.ca ;  dar.pam@shaw.ca ;  robert_weppler@msn.com ;  carver@shaw.ca ;  calvinpoortinga@hotmail.com ;  smithtr_@hotmail.com ;  angel_jayden19@hotmail.com ;  sheilapacket@hotmail.com ;  timz24@hotmail.com ;  d_horychun@hotmail.com ;  freedom_1992@hotmail.com ;  jemclaren@rogers.com ;  jacquesracicot@surdite.org ;  chloe.corcoran@usask.ca ;  aaron.walsh@sympatico.ca ;  adlund@mobility.blackberry.net ;  dmomotiuk@smd.mb.ca ;  mpotvin@ccbnational.net ;  kier@cailc.ca ;  laurie@ccdonline.ca ;  dave@damar.net ;  daans@ns.sympatico.ca ;  bmd@accesswave.ca ;  deafmb@mts.net ;  oadpresident@gmail.com ;  jj@deafontario.ca ;  garyb@neilsquire.ca ;  joweber@accesscomm.ca ;  Silvergirl46@hotmail.com ;  Dodie865@hotmail.com ;  cqda@videotron.ca ;  rmschmid@sasktel.net ;  rlhutchinson@sasktel.net ;  fordgk@shaw.ca ;  wegcap@netidea.com ;  mbach@cacl.ca ;  dennis.mudryk@gov.ab.ca ;  jacki.andre@usask.ca ;  maxine.kinakin@usask.ca ;  John.Mackay@ontario.ca ;  d_stienstra@umanitoba.ca ;  kjdit86@shaw.ca ;  dalebirley@yahoo.ca ;  leona@sdhhs.com ;  rimmer@nlad.org ;  vchauvet@shaw.ca ;  gmalkowski@chs.ca ;  gkane@stikeman.com ;  lshemrock@reztel.net ;  derek.barr@opensourcesolutions.ca ;  beverley@sentex.ca ;  r.martell@ns.sympatico.ca ;  tdobie@pop.kin.bc.ca ;  westm@douglas.bc.ca ;  bob.Allen@abccomm.com ;  jjickels@telus.net ;  masters@widhh.com ;  lunn@bcinternet.net ;  dave@elkvalley.net ;  smacfayd@vcc.ca ;  amadill@hwy16.com ;  bmykle@telus.net ;  kristen.pranzl@gov.bc.ca ;  jodi.birley@gov.bc.ca ;  bruce@sis.ca ;  james@sis.ca ;  terry@netago.ca ;  stacy@digicomts.com ;  boris@coool.ca ;  nratcliffe@skyrydernet.com ;  matthewa@bcwireless.net ;  ine@ccdonline.ca ;  scott.mannering@blueskynet.ca ;  cgrant@grant.ca ;  thargrave@enerplus.com ;  regulatory@bell.aliant.ca ;  blackwell@giganomics.ca ;  ronpegfee@telus.net ;  waltsask@shaw.ca ;  sophiet@sasktel.net ;  elainemanning@gmail.com ;  dez.rayzak@ontario.ca ;  todd.tobin@statcan.ca ;  ottawadeafcentre@rogers.com ;  newfiedjh@yahoo.com ;  jutta.treviranus@utoronto.ca ;  jeremy.wells@sympatico.ca ;  marcia.cummings@rci.rogers.com ;  johnm@barrettxplore.com ;  billm@barrettxplore.com ;  chet@pathcom.ca ;  agaimer@wildroseinternet.ca ;  mybow@legalaid.mb.ca ;  dma2@telusplanet.net ;  icollins@torontohydro.com ;  dmckeown@viewcom.ca ;  dunbar@johnstonbuchan.com ;  regulatory@lya.com ;  canreg.affairs@alcatel-lucent.com ;  gordonp@lao.on.ca ;  rob.olenick@tbaytel.com ;  pris@pris.ca ;  support@bcpiac.com ;  christian.tacit@cybersurf.com ;  lisangus@angustel.ca ;  rollie.evans@axia.com ;  cedwards@ccsa.cable.ca ;  reglementation@xittel.net ;  kstevens@execulink.com ;  deafmb@mts.net ;  Tho0151@attglobal.net ;  art.hillcox@usask.ca ;  alkanji@yahoo.com ;  chodgins@cad.ca ;  jroots@cad.ca ;  dotsofthings@hotmail.com ;  regaffairs@quebecor.com ;  cathy.moore@cnib.ca ;  pdowns@nexicom.net ;  y.brunelle@telephonelabaie.qc.ca ;  Regulatory@sjrb.ca ;  kurt@chha.on.ca ;  telecom.regulatory@cogeco.com ;  andre.labrie@mcc.gouv.qc.ca ;  regmatters@telesat.ca ;  steve@wtccommunications.ca ;  cshaw@nwtel.ca ;