ARCHIVED - Letter
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Ottawa, 9 July 2010
Our Reference: 8690-T66-200814774
8690-C12-200910408
BY E-MAIL
Parties to Telecom Notice of Consultation CRTC 2009-432
Dear Madams and Sirs:
Re: Telecom Notice of Consultation 2009-432: Requests for disclosure of information filed in confidence and revised process dates
This letter addresses requests for disclosure of information for which a claim of confidentiality has been made by TELUS Communications Company (TELUS) and Bell Aliant Regional Communications, Limited Partnership and Bell Canada (collectively, the Companies) in the proceeding initiated by Telecom Notice of Consultation CRTC 2009-432, Call for comments – Review of the large incumbent local exchange carriers' support structure service rates, 21 July 2009. It also revises the dates for the submission of comments and reply comments.
By letter dated 5 July 2010, Bragg Communications Inc., the Canadian Cable Systems Alliance, Cogeco Cable Inc., Rogers Communications Inc., Shaw Communications Inc., and Quebecor Media Inc. on behalf of its affiliate Vidéotron Ltd. (the cable carriers) requested disclosure of information filed by TELUS and the Companies in the above-referenced proceeding on 30 June 2010 (30 June 2010 information).
The cable carriers also requested that the date for filing comments, now 15 July 2010, be extended to seven days following disclosure of the requested information.
TELUS and the Companies filed responses dated 8 July 2010 to the above requests.
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 direct 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. The factors and considerations taken into consideration in making this evaluation are described in Commission staff’s letter to parties dated 25 June 2010. Information to be disclosed pursuant to this letter is consistent with the level of disclosure previously required in this proceeding.
Having regard to all of the these considerations, the information filed by TELUS and the Companies under a claim of confidentiality in response to Commission staff’s 25 June 2010 letter, as listed in the Attachment, is to be placed on the public record of this proceeding, to the extent set out in the Attachment.
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 TELUS(Cable Carriers)28Apr10-8, it is noted that the
30 June 2010 information is relevant to an analysis of embedded costs. With respect to TELUS(CRTC)28Apr10-2, it is noted that TELUS has previously disclosed on the record the weight percentages and that disclosure of the IFCs is consistent with the Companies’ level of disclosure. With respect to TELUS(CRTC)28Apr10-4, it is noted that, while certain of the 30 June 2010 information relates to TELUS’ wholly owned poles, the remaining abridged information relates to the sharing of maintenance costs for jointly-owned poles. With respect to The Companies(CRTC)17June10-2, it is noted that the 30 June 2010 urban and rural information in question is sufficiently aggregated to support its disclosure.
The information to be disclosed by TELUS and the Companies, as set out in the Attachment, is to be filed with the Commission and served on all interested parties, by 13 July 2010. The above material must be received, not merely sent, by this date.
Revised dates for comments and reply comments
Commission staff considers that the cable carriers’ request to revise the date for comments is appropriate.
Accordingly, the process and deadlines set out in the Commission staff’s 20 May 2010 letter are revised as follows:
Parties may file written comments with the Commission on any matter within the scope of this proceeding, serving copies on all other parties by 20 July 2010.
Parties may file reply comments with the Commission, serving copies on all other parties by 27 July 2010.
The above material must be received, not merely sent, by the dates provided herein.
Yours sincerely,
Original signed by
Yvan Davidson
Senior Manager
Competitor Services and Costing
Telecommunications
c.c.: Daphne Fry, CRTC, daphne.fry@crtc.gc.ca
Richard Pagé, CRTC, richard.page@crtc.gc.ca
Pamela Cormier, CRTC, pamela.cormier@crtc.gc.ca
Encl. Attachment (1)
List of Parties
ACTQ: sdesy@actq.qc.ca
AGBriggs Consulting: abriggs@cogeco.ca
Bell Aliant: regulatory@bell.aliant.ca
Bell Canada: bell.regulatory@bell.ca
Bragg: regulatory.matters@corp.eastlink.ca
CCSA: cedwards@ccsa.cable.ca
Cogeco: michel.messier@cogeco.com
CS de la Moyenne-Côte-Nord: marius-richard@csmcn.qc.ca
CS du Pays-des-Bleuets: bilodeaust@cspaysbleuets.qc.ca
Distributel Communications Limited: regulatory@distributel.ca
Giganomics Consulting Inc.: blackwell@giganomics.ca
Maskatel and Drummond: gcordeau@maskatel.qc.ca
Ministère de la Culture et des communications: andre.labrie@mcccf.gouv.qc.ca
MTO Telecom: kfischer@mtotelecom.com
MTS Allstream: iworkstation@mtsallstream.com
O.N. Tel: tracy.cant@ontera.ca
OTA: jonathan.holmes@ota.on.ca
RCI: hslawner@rci.rogers.com
david.watt@rci.rogers.com
Shaw: Regulatory@sjrb.ca
Télébec: reglementa@telebec.com
TELUS: regulatory.affairs@telus.com
Tacit, Christian: ctacit@tacitlaw.com
TBayTel: rob.olenick@tbaytel.com
David.Wilkie@tbaytel.com
TekSavvy: regulatory@teksavvy.com
Vidéotron: regaffairs@quebecor.com
View Communications: dmckeown@viewcom.ca
Wall Communications Inc.: lefebvre@rogers.com
Xittel: reglementation@xittel.net
Attachment
Each party is to disclose the 30 June 2010 information that it filed with the Commission under a claim of confidentiality in relation to the interrogatories identified below, to the extent set out below:
TELUS Further Response to TELUS(Cable Carriers)28Apr10-8
All information for which confidentiality was claimed.
TELUS(CRTC)17Jun10-2
All information for which confidentiality was claimed.
TELUS(CRTC)17Jun10-4
All numbers in the column titled “TELUS Poles, Wholly-owned poles ($M)”.
The Companies(CRTC)17June10-2
All information for which confidentiality was claimed.
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