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Ottawa, 2 October 2009

Our Reference:  8663-C12-200907321

 

BY E-MAIL

Distribution

Dear Madams, Sirs:

Re:  Telecom Notice of Consultation CRTC 2009-261, Proceeding to consider the appropriateness of mandating certain wholesale high-speed access services  

This letter addresses requests for disclosure of information for which confidentiality was claimed and for further responses to interrogatories to interested parties filed in the proceeding initiated by Telecom Notice of Consultation CRTC 2009-261.

On 15 September 2009, the following parties filed requests for further responses to interrogatories and/or requests for disclosure of information for which confidentiality had been claimed:   the Canadian Association of Internet Service Providers (CAIP), the Coalition of Internet Service Providers Inc. (CISP), the Public Interest Advocacy Centre (the Consumer Groups), Cybersurf Corp. (Cybersurf), Distributel Communications Limited (Distributel), Teksavvy Solutions Inc. (Teksavvy), Bell Aliant Regional Communications, Limited Partnership, Bell Canada and Télébec Société en commandite (collectively the Bell Companies), MTS Allstream Inc. (MTS Allstream), TELUS Communications Company (TELUS), Bragg Communications Inc. (Bragg), Cogeco Cable Canada Inc. (Cogeco), Quebecor Media Inc. (QMI), Rogers Communications Inc. (Rogers), and Shaw Cablesystems (Shaw) (collectively the Cable Companies).

On 22 September 2009, the following parties filed with the Commission responses to the above requests:   CISP, Execulink Telecom Inc., Accelerated Connections Inc., Primus Telecommunications Canada Inc., the Bell Companies, MTS Allstream, Saskatchewan Telecommunications (SaskTel), TELUS, the Cable Companies, Bragg, Cogeco, QMI, Rogers and Shaw.

Requests for public disclosure are addressed in Part I, below, and in Attachment 1 to this letter, while requests for further responses are addressed in Part II below, and in Attachment 2 to this letter.  Interrogatories, in respect of which information is to be provided resulting from requests that sought both further responses (Part I) and public disclosure (Part II), are identified in Attachment 3.

Pursuant to the deadlines set out in Telecom Notice of Consultation CRTC 2009-261, further responses and disclosure of information for which confidentiality was claimed with respect to the interrogatories identified in the attachments are to be filed with the Commission, and served on all interested parties, by 9 October 2009.

The above material must be received, not merely sent, by the above date.

Part I - 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 as to outweigh the public interest in disclosure.   In making this evaluation, a number of factors are taken into consideration, including the extent of competition that exists in a particular market or that is expected to develop.  All things being equal, the greater the amount of actual or expected competition in the market, the greater the specific harm that could be expected to result from disclosure.

Another factor in assessing the extent of harm is the extent to which the information at issue could be used by 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 will 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 Attachment 1 and 3 is, to the extent set out in those Attachments, 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.

Part II - Requests for Further Responses

With regard to requests for further responses, the requirements of subsection 18(2) of the Rules apply.  The merits of arguments both for and against the filing of further responses have been taken into account, as well as the general principles enunciated by the Commission in past proceedings.   Among the most important of those considerations 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, a further response 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, the parties in question are to provide further responses to the extent set out in Attachments 2 and 3 to this letter.

Yours sincerely,

Original signed by

Paul Godin
Director General
Competition, Costing and Tariffs

Telecommunications

Attachment (3)

Distributio n List

regulatoryaffairs@nwtel.ca ;  bell.regulatory@bell.ca ;  regulatory.affairs@telus.com ;  reglementa@telebec.com ;  document.control@sasktel.sk.ca ;  iworkstation@mtsallstream.com ;  regulatory@bell.aliant.ca ;  Regulatory.Matters@corp.eastlink.ca ;  Regulatory@sjrb.ca ;  marcel.mercia@cybersurf.com ;  reglementation@xittel.net ;  regulatory@distributel.ca ;  lisagoetz@globalive.com ;  regulatory@primustel.ca ;  telecom.regulatory@cogeco.com ;  regaffairs@quebecor.com ;  ken.engelhart@rci.rogers.com ;  crtc@mhgoldberg.com ;  eric@rothschildco.com ;  gfletcher@incentre.net ;  berzins@nucleus.com ;  babramson@mccarthy.ca ;  regulatory@execulink.com ;  ctacit@tacitlaw.com ;  abriggs@cogeco.ca ;  slavalevin@ethnicchannels.com ;  crtc@les.net ;  LBC_Consulting@live.ca ;  andre.labrie@mcccf.gouv.qc.ca ;  bob.Allen@abccomm.com ;  ghariton@sympatico.ca ;  lefebvre@rogers.com ;  kirsten.embree@fmc-law.com ;  bruce@brucebuchanan.net ;  jonathan.holmes@ota.on.ca ;  cataylor@cyberus.ca ;  chris.allen@abccomm.com ;  regulatory@vianet.ca ;  piac@piac.ca ;  tom.copeland@caip.ca ;  hemond@consommateur.qc.ca ;  blackwell@giganomics.ca ;  jhpratt@msn.com ;  crtc@paul.ca ;  pris@pris.ca ;  regulatory@lya.com ;  Rocky@TekSavvy.com ;  dmckeown@viewcom.ca ;  David.Wilkie@tbaytel.com ; 

Disclosure of Information Designated as Confidential

Parties are to disclose the information filed with the Commission in confidence, as set out below:

The Bell Companies

The Companies(CRTC)17July09-1

Disclose (b), the total number of DSL-capable COs.

Disclose part (d), the total number of DSL-capable NAS.

The Companies(CRTC)17July09-3

Disclose column (a) and total for column (c) of table.

The Companies(CRTC)17July09-5 a)

Disclose the percentage of listed COs that are equipped with:   ATM Concentrators only; Ethernet Concentrators only; and both Ethernet and ATM Concentrators.

The Companies(CRTC)17July09-10 b)

Disclose the percentage of DSLAMs to be migrated to relieve congestion relative to the total DSLAMs to be migrated if ADSL-CO service was introduced.

MTS Allstream

MTS Allstream(CRTC)17July09-1

Disclose part (d), the total number of DSL-capable NAS

MTS Allstream(CRTC)17July09-3

Disclose column (a) and total for column (c) of table.

SaskTel

SaskTel(CRTC)17July09-1

Disclose part (d), the total number of DSL-capable NAS

SaskTel(CRTC)17July09-3

Disclose column (a) and total for column (c) of table.

TELUS

Telus_ILECs(CRTC)17July09-1

Disclose part (d), the total number of DSL-capable NAS

Telus_ILECs(CRTC)17July09-3

Disclose column (a) and total for column (c) of table.

Telus_ILECs(CRTC)17July09-5 a)

Disclose the percentage of listed COs that are equipped with:   ATM Concentrators only; Ethernet Concentrators only; and both Ethernet and ATM Concentrators.

Telus(TekSavvy)17Jul09-7

Disclose the percentage of Telus' central offices that are equipped with ATM/Ethernet gateway equipment.

Telus(TekSavvy)17July09-1 d)

Disclose the information for which confidentiality was claimed.

Telus(TekSavvy)17July09-3

Disclose the information for which confidentiality was claimed.

TELUS(Competitors)17Jul09-4

Disclose the locations of the POIs.

Bragg

Bragg(CRTC)17July09-1

Disclose (d), the total number of high-speed internet capable subscribers.

Bragg(CRTC)17July09-2

Disclose columns (a), (b), (c) and total for column (e) of table.

Cogeco

Cogeco(CRTC)17July09-1

Disclose (d), the total number of high-speed internet capable subscribers.

Cogeco(CRTC)17July09-2

Disclose columns (a), (b), (c) and total for column (e) of table.

Cogeco(TekSavvy)17July09- 1d)

Provide requested information on the public record.

QMI

QMI(CRTC)17July09-1

Disclose (d), the total number of high-speed internet capable subscribers.

QMI(CRTC)17July09-2

Disclose columns (a), (b), (c) and total for column (e) of table.

Rogers

Rogers(CRTC)17July09-2
 Disclose columns (a), (b), (c) and total for column (e) of table.

Shaw

Shaw(CRTC)17July09-1

Disclose (d), the total number of high-speed internet capable subscribers.

Shaw(CRTC)17July09-2

Disclose columns (a), (b), (c) and total for column (e) of table.

Shaw(TekSavvy)17July09- 1d)

Provide requested information on the public record.

Further Responses to Interrogatories

The Bell Companies

The Companies(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

Télébec (TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

The Companies (Distributel)17July09-5

Provide a response to parts b), c) and d) in confidence to the Commission

SaskTel

SaskTel(TekSavvy)17July09-1 a)

Identify the relevant tariffs WHSAS tariffs and provide the tariffs or URL link to the tariffs.

SaskTel(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

TELUS

Telus(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

Bragg

Bragg(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

Bragg(Cybersurf)17July09-8(b)

Identify any wholesale High Speed Access Services that the company provides, other than TPIA, that are used in providing Internet services.

Bragg(Cybersurf)17July09-18(a) and (b)

Provide a complete response to parts (a) and (b)

Bragg(Consumer Groups)17July09-1

Provide a complete response for the years 2002 to 2009.

Cogeco

Cogeco(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

Cogeco(Cybersurf)17July09-8(b)

Identify any wholesale High Speed Access Services that the company provides, other than TPIA, that are used in providing Internet services.

Cogeco(Cybersurf)17July09-18(b)

Provide a complete response to part (b)

Cogeco(Consumer Groups)17July09-1

Provide a complete response for the years 2002 to 2009.

QMI

QMI(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

QMI(Cybersurf)17July09-8(b)

Identify any wholesale High Speed Access Services that the company provides, other than TPIA, that are used in providing Internet services.

QMI(Cybersurf)17July09-18(a) and (b)

Provide a complete response to parts (a) and (b).

QMI(Consumer Groups)17July09-1

Provide a complete response for the years 2002 to 2009.

Rogers

Rogers(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

Rogers(Cybersurf)17July09-8(b)

Identify any wholesale High Speed Access Services that the company provides, other than TPIA, that are used in providing Internet services.

Rogers(Consumer Groups)17July09-1

Provide a complete response for the years 2002 to 2009.

Shaw

Shaw(TekSavvy)17July09-2

Provide a complete response on the public record for part (a) and (a) (i).

Shaw(Cybersurf)17July09-8(b)

Identify any wholesale High Speed Access Services that the company provides, other than TPIA, that are used in providing Internet services.

Shaw(Cybersurf)17July09-18(a) and (b)

Provide a complete response to parts (a) and (b).

Shaw(Consumer Groups)17July09-1

Provide a complete response for the years 2002 to 2009.

Distributel

Distributel(Cable Carriers)17Jul09-7(b)

Provide a complete response to part (b)

Open Source

Open Source(TELUS)17Jul09-2(a), (b) and (c)

Provide a complete response to part (a) and (b)

Further Responses to Interrogatories and Disclosure of Information Designated as Confidential

The Bell Companies

The Companies(TekSavvy)17July09-1 d)

Provide a complete response to the interrogatory on the public record.

The Companies(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record.

Telebec(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record.

The Companies (CRTC)17 Jul09-2 TNC 2009-261

Provide, on the public record, the proportion of current DSL -capable NAS broken down by the serving DSLAM equipment located at i) the ILEC CO; ii) ILEC remotes (non-FTTN), iii) ILEC FTTN remotes.

MTS Allstream

MTS Allstream(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record.

MTS Allstream (CRTC)17 Jul09-2 TNC 2009-261

Provide, on the public record, the proportion of current DSL -capable NAS broken down by the serving DSLAM equipment located at i) the ILEC CO; ii) ILEC remotes (non-FTTN), iii) ILEC FTTN remotes.

SaskTel

SaskTel(TekSavvy)17July09-1 d)

Provide a complete response to the interrogatory on the public record.

SaskTel(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record.

SaskTel (CRTC)17 Jul09-2 TNC 2009-261

Provide, on the public record, the proportion of current DSL -capable NAS broken down by the serving DSLAM equipment located at i) the ILEC CO; ii) ILEC remotes (non-FTTN), iii)  ILEC FTTN remotes.

TELUS

TELUS(CRTC)17 Jul09-2 TNC 2009-261

Provide, on the public record, the proportion of current DSL -capable NAS broken down by the serving DSLAM equipment located at i) the ILEC CO; ii) ILEC remotes (non-FTTN), iii) ILEC FTTN remotes.

Bragg

Bragg(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record

Bragg (The Companies)17Jul09-16 TNC 2009-261

Provide a response to parts a), c), d), e) on the public record

Bragg(The Companies)17July09-16;

Provide a response and disclose on the public record, parts a), c), d) and e) for each of the years 2005 to 2008.

Bragg(Distributel)17Jul09-3 TNC 2009-261

Provide a response to parts a) (i) to (v) inclusive, b), and c) on the public record

Cogeco

Cogeco(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record

Cogeco(Cybersurf)17July09-6b;

Provide a complete response to part (b) on the public record.

Cogeco (The Companies)17Jul09-16 TNC 2009-261

Provide a response to parts a), c), d), e) on the public record

Cogeco(The Companies)17July09-16;

Provide a response and disclose on the public record, parts a), c), d) and e) for each of the years 2005 to 2008.

Cogeco (Distributel)17Jul09-3 TNC 2009-261

Provide a response to parts a) (i) to (v) inclusive, b), and c) on the public record

QMI

QMI(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record

QMI(Cybersurf)17July09-6b

Provide a complete response to part (b) on the public record.

QMI (The Companies)17Jul09-16 TNC 2009-261

Provide a response to parts a), c), d), e) on the public record

QMI(The Companies)17July09-16

Provide a response and disclose on the public record, parts a), c), d) and e) for each of the years 2005 to 2008.

QMI (Distributel)17Jul09-3 TNC 2009-261

Provide a response to parts a) (i) to (v) inclusive, b), and c) on the public record.

Rogers

Rogers(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record

Rogers(Cybersurf)17July09-6b

Provide a complete response to part (b) on the public record.

Rogers (The Companies)17Jul09-16 TNC 2009-261

Provide a response to parts a), c), d), e) on the public record

Rogers(The Companies)17July09-16

Provide a response and disclose on the public record, parts a), c), d) and e) for each of the years 2005 to 2008.

Rogers (Distributel)17Jul09-3 TNC 2009-261

Provide a response to parts a) (i) to (v) inclusive, b), and c) on the public record.

Shaw

Shaw(TekSavvy)17July09-3

Provide a complete response to the interrogatory on the public record

Shaw(Cybersurf)17July09-6b

Provide a complete response to part (b) on the public record.

Shaw (The Companies)17Jul09-16 TNC 2009-261

Provide a response to parts a), c), d), e) on the public record

Shaw(The Companies)17July09-16

Provide a response and disclose on the public record, parts a), c), d) and e) for each of the years 2005 to 2008.

Shaw(Distributel)17Jul09-3 TNC 2009-261

Provide a response to parts a) (i) to (v) inclusive, b), and c) on the public record.

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