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File Number: 8646-C12-200815400

Ottawa, 4 February 2009

By electronic mail

To: Interested Parties List - Public Notice 2008-19

Re: Review of the Internet traffic management practices of Internet service providers

This letter addresses requests for disclosure of information filed in confidence with the Commission in the above-noted proceeding.

The Commission received requests for disclosure of information filed in confidence on 13 January 2009 by the Canadian Association of Internet Providers, and on 19 January 2009 by the Canadian Film and Television Production Association, the Canadian Internet Policy and Public Interest Clinic, the Public Interest Advocacy Centre (PIAC), and Union des consommateurs.

On 26 January 2009, responses to these requests were received from Bell Aliant Regional Communications, Limited Partnership (Bell Aliant) and Bell Canada, Bragg Communications Inc. (Bragg), Cogeco Cable Inc. (Cogeco), MTS Allstream Inc. (MTS Allstream), Primus Telecommunications Canada Inc. (Primus), Quebecor Media Inc. on behalf of Videotron Ltd. (QMI), Rogers Communications Inc. (Rogers), Saskatchewan Telecommunications (SaskTel), Shaw Communications Inc. (Shaw), and TELUS Communications Company (TCC).

Requests for public disclosure are addressed below and in the Attachment to this letter.

Unless otherwise expressly indicated, parties are to file with the Commission all information to be provided pursuant to this letter by 9 February 2009, serving a copy on all interested parties by the same date. These submissions must be received, not merely sent, by that date.

Requests for Disclosure

Requests for disclosure of information for which confidentiality has been 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 harm likely to result from the disclosure of the information in question. Further, in order to justify a claim of confidence, any such harm must be sufficient to outweigh the public interest in disclosure.

In making this evaluation, a number of factors are taken into consideration, including the following.

The degree of competition that exists in a particular market or that is expected to occur is an important consideration in assessing requests for disclosure. All things being equal, the greater the degree of actual or expected competition, 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 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 filed under a claim of confidentiality in response to the interrogatories listed in the Attachment is, to the extent set out in that Attachment, 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, if any, likely to be caused by disclosure would not outweigh the public interest in disclosure.

With respect to the requests for disclosure in relation to information filed in response to (CRTC)4December08-1(a) and (b) and (CRTC)4December08-2(a)-(d) in particular, ISPs are being asked to file in confidence certain information which the Commission will then disclose on the public record in a manner that protects the identity of the party in respect of whom the data relates. This approach will ensure that there will be sufficient information on the public record to allow for informed participation by interested parties in this proceeding. In light of the foregoing, further disclosure as requested by PIAC subject to execution of a non-disclosure agreement with Bell and Rogers is neither necessary nor appropriate.

Yours sincerely,

(Original signed by)

Chris Seidl
Director,
Convergence Policy

c.c.: Stephan Meyer, CRTC 8199974494

Attachment

Disclosure of Confidential Information

___________(CRTC) 04Dec2008-1 (c)

Bragg is to file for the public record the text of the first paragraph filed in its response.

QMI is to file for the public record its full response.

Shaw is to file for the public record its peak period identified in the first sentence of its response.

__________(CRTC) 04Dec2008-5

Bragg is to file for the public record the second paragraph, the associated list, and the diagram in its response.

Barrett is to file for the public record the two diagrams and the two sentences below each diagram, as well as 11 headings in its response, identifying the names of the network elements for its fixed wireless and satellite networks.

Primus is to file for the public record the list of links referred to in the second paragraph of its response.

Shaw is to file for the public record the diagram in its response.

___________(CRTC) 04Dec2008-8 (b)

Barrett is to file for the public record the text within the second paragraph of its response.

Shaw is to file for the public record the text of its response.

__________(CRTC) 04Dec2008-8 (c)

Barrett is to file for the public record the first paragraph of its response, with the exception of the numerical values contained therein, which will remain confidential. Barrett is also to file for the public record:

the first sentence of its response to subsection i);
the full response to subsections (ii), (iii), and (iv);
the first two sentences of its response to subsection v), and
the final two sentences of its response to subsection vi).

Shaw is to file for the public record the text of its response, with the exception of numerical values in the third paragraph which will remain confidential.

BXI(CRTC) 04Dec2008-8 (d)

Barrett is to file for the public record the text of the first paragraph.

BXI(CRTC) 04Dec2008-8 (e)

Barrett is to file for the public record the second sentence of the first paragraph of its response.

__________(CRTC) 04Dec2008-8 (g)

Barrett is to file for the public record the text in response to subsection i), ii), iii), iv), and v). The last sentence of its response to 8(g) will remain confidential.

Bragg is to file for the public record the text in subsection iv), with the exception of vendor and product names which will remain confidential.

BXI(CRTC) 04Dec2008 -9(a)

Barrett is to file for the public record the text of its response, with the exception of vendor and product names which will remain confidential.

BXI(CRTC) 04Dec2008 -9(e)

Barrett is to file for the public record the text of its response.

Bell (CRTC) 04Dec2008 -9(f)

Bell Canada et al. are to file for the public record the text on page 6 of their response, with the exception of the numerical values and the text beginning with "i)" and ending with a semi-colon.

BXI(CRTC) 4Dec08-15 PN 2008-19

Barrett is to file for the public record the text accompanying the second bullet of the first paragraph on the public record.

_________(CRTC) 04Dec2008-1 (a)

Barrett, Bell Canada et al . , Bragg, Cogeco, MTS Allstream, QMI, Rogers, Sasktel, Shaw, and TCC are to complete the following table below, to the extent possible based on the data used by each company to prepare its interrogatory responses. The completed table is to be filed in confidence.