ARCHIVED - Letter

Ottawa, 25 June 2009

Our File Number: 8623-C12-09/09

To: Distribution list (attached)

BY TELECOPIER

Re: Release of certain information filed in confidence

As part of the Commission’s annual data collection activities, a number of the facilities-based telecommunications service providers (TSPs) provided maps of their operating territory that identify where broadband Internet access service was available as of
31 December 2008. Other TSPs that did not have this information provided data from which their broadband coverage could be determined. In a letter dated 21 May 2009, Commission staff requested that the TSPs reply to that letter if they consider the above information to be confidential.

Responses were received from Bell Aliant Regional Communications, Limited Partnership and Bell Canada (collectively Bell et al.), MTS Allstream Inc. (MTS Allstream), Quebcor Media (QMI) on behalf of Videotron Ltd., Rogers Communications Inc. (RCI), Shaw Cablesystems G.P. (Shaw), and TELUS Communications Company (TELUS).

Positions of the parties

Bell et al. and Shaw submitted that network-specific information provided on
Form 256 is confidential. Bell et al. submitted that the data was very disaggregated and consisted of highly confidential data. Bell et al stated that the disaggregated data cannot be accessed through the companies’ website but that information on whether their broadband services are available at specific addresses is available through their websites. Shaw stated that it treats Internet serving area maps as confidential and it does not post this information on its website. Shaw agreed to disclosure of the data on an aggregated (i.e., combined DSL and cablemodem) basis provided the exact network boundaries of the TSPs are not disclosed.

QMI, RCI and TELUS indicated that they had no objection to the Commission sharing the data with Industry Canada for publication. TELUS confirmed that the public can currently determine from its website if broadband Internet access service is available in TELUS’ regions by typing in their address or phone number. The results obtained would be subject to facilities constraints (e.g. loop length, etc.) and TEUS submitted that the data should be displayed with a disclaimer to this effect.

MTS Allstream stated that it does not object to the Commission sharing the detailed information contained in the Broadband Coverage Map provided in Form 256 with Industry Canada for the purpose of the Broadband expansion program, provided that Industry Canada aggregates the information.

Analysis and Conclusion

The Commission has been collecting broadband availability data for a number of years and displaying the results in an aggregated format in its annual Communications Monitoring Report. Industry Canada requested that the CRTC provide geographic service availability data submitted on Form 256 to assist in the administration of its $225 million broadband deployment initiative program as part of the federal government’s economic incentive to expand the availability of broadband Internet access in Canada. This collaboration with Industry Canada reduces the reporting burden on the industry and makes efficient use of government resources.

Industry Canada has indicated that it intends to display the data on a hexagon basis. No distinction would be made between DSL and cablemodem. Each hexagon will be approximately 6 km wide, covering a geographic area of approximately 25 sq. km. The hexagons will cover the geographic area of Canada. Canadians would be able to enter their address and, once entered, a map would appear with a pointer indicating their location within the hexagon. In addition, each hexagon would be categorized as high, medium or low to indicate the overall availability of broadband service within the hexagon. Industry Canada has also indicated that it wants to display information listing the facilities-based broadband service providers with a link to their websites.

With respect to the confidentiality of the data submitted, Commission staff, having carefully considered the parties’ submissions, considers that the publication of the data on a hexagon basis with no distinction between DSL and cablemodem will not disclose the exact network boundaries of the TSPs or the location of their broadband-enabled facilities. Accordingly Commission staff considers that the disclosure of the data will be at a sufficiently aggregated level to address all confidentiality concerns expressed by the parties. Commission staff notes that, aggregated at this level, the data is generally available publicly and that the use and publication of the data as indicated by Industry Canada will further the objectives of the Telecommunications Act set out in section 7, in particular: “(a) to facilitate the orderly development throughout Canada of a telecommunications system that services to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions”, “(b) to render reliable and affordable telecommunications services of high quality accessible to Canadians in both rural and urban areas in all regions of Canada” and (“(h) to respond to the economic and social requirements of users of telecommunications services”. Accordingly, Commission staff will provide the data, so aggregated, to Industry Canada for publication on its website as of 30 June 2009. Commission staff notes the suggestion by TELUS that the data be displayed with a disclaimer that the availability of broadband Internet service is subject to facilities constraints.

With respect to the display of the names of the facilities-based broadband providers operating within each hexagon, Commission staff has spoken to the TSPs, most of which have indicated that they do not object to the display of their name as providers of broadband Internet access service within each hexagon that they provide service.

Staff is of the preliminary opinion that the names of the facilities-based broadband service providers operating within a hexagon would do not constitute confidential information of the TSPs provided that the exact boundaries of the TSPs are not displayed. In light of this, facilities-based TSPs are to reply to this preliminary opinion by 3 July 2009, if they consider the names of the TSPs operating within each hexagon to be confidential. In this reply, the TSPs are to provide full justification as to why this information is appropriately designated confidential under
subsection 39(1) of the Telecommunications Act.

Sincerely,

Steve Delaney

Director

Industry Analysis

Distribution List

BellCanada

Bell Aliant Regional Communications, Limited Partnership

Bragg Communications Incorporated

Cogeco Câble Canada inc.

MTS Allstream Inc.

Northwestel Inc.

Rogers Communications Inc.

Saskatchewan Telecommunications

Shaw Cablesystems G.P.

TBayTel

Télébec, Société en commandite

TELUS Communications Company

Vidéotron ltée

Date modified:

2009-06-25