ARCHIVED - Letter

Ottawa, 17 March 2010

Our Reference: 8638-C12-200817505

BY E-MAIL

Mr. Ted Woodhead

Vice President – Telecom Policy and Regulatory Affairs

TELUS Communications Company

215 Slater Street, 8th Floor

Ottawa, Ontario  K1P 0A6

regulatory.affairs@telus.com

Dear Sir/Madam:

Re:  Follow-up to Use of deferral account funds to improve access to telecommunications services for persons with disabilities and to expand broadband services to rural and remote communities, Telecom Decision CRTC 2008-1

This letter addresses a request for the disclosure of information for which confidentiality was claimed in the above-noted proceeding.

On 3 March 2010, the Commission received a letter by Axia SuperNet Ltd. (Axia) in which Axia requested, among other things, disclosure of information for which confidentiality was claimed on 18 February 2010 by TELUS Communications Company (TCC).  Axia requested that the Commission direct TCC to file on the public record all of the costs included under the category “SuperNet Charges” shown in Attachment 1 to TELUS (CRTC)28Jan10-3. On 5 March 2010, Commission staff requested that TCC  respond to Axia’s disclosure request. On 11 March 2010, TCC filed its response to the request in question.  On 16 March 2010, Axia filed further comments on TCC’s 11 March submission.

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, Commission staff is of the view, based on all the material before it, that the public interest in disclosure of the costs included under the category “SuperNet Charges” shown in Attachment 1 to TELUS (CRTC)28Jan10-3 outweighs any specific direct harm to TCC that might result from such disclosure.

Accordingly, TCC is to file with the Commission, for placement on the public record of this proceeding, the costs included under the category “SuperNet Charges” shown in
Attachment 1 to TELUS (CRTC)28Jan10-3 by 22 March 2010, serving a copy on all interested parties by the same date.  This submission must be received, not merely sent, by that date.

Yours sincerely,

Original signed by

Suzanne Bédard

Senior Manager, Tariffs

c.c.:        Donald R. Heale, CRTC, (819) 997-2755, donald.heale@crtc.gc.ca

              Distribution List

Distribution List

Date modified:

2010-03-17