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Ottawa, 28 July 2010
Our reference: 8340-Y6-201011436
8340-Y6-201011741
BY E-MAIL
Edward Antecol
Vice-President, Regulatory and Carrier Relations
Yak Communications (Canada) Corp.
48 Yonge Street, Suite 1200
Toronto, ON M5E 1G6
edwardantecol@globalive.com
Dear Mr. Antecol:
Re: Interconnection agreements for the provision of 9-1-1 service and message relay service between Yak Communications (Canada) Corp. and TELUS Communications Company
The Commission received an application by Yak Communications (Canada) Corp. (Yak), dated 14 July 2010, in which the company requested Commission approval of an Interconnection agreement for the provision of 9-1-1 service between itself and TELUS Communications Company (TCC). The Commission also received an application by Yak, dated 22 July 2010, in which the company requested Commission approval of a Message Relay Service agreement between itself and TCC [collectively referred to as the Agreements].
Commission staff notes that Yak has requested confidential treatment of the Agreements pursuant to Section 39 of the Telecommunications Act. In its applications, Yak indicated that the release of the information contained in the Agreements would provide competitors with sensitive information not otherwise available to them thereby causing direct and specific harm to Yak.
Commission staff notes that consistent with section 19 of the CRTC Telecommunications Rules of Procedure, a party making a claim of confidentiality with respect to information submitted to the Commission must provide an explanation of the specific harm that the party believes it would likely incur should the information provided be publicly disclosed as well as detailed reasons justifying the claim of confidentiality. Commission staff notes that in requesting confidential treatment of the Agreements, Yak failed to identify any specific harm that would likely result from public disclosure of these documents nor did it provide detailed reasons in support of its confidentiality claim. Commission staff further notes that these types of agreements have consistently been filed on the public record by other companies. Commission staff considers that the information contained in the Agreements is not sensitive and that its release would not likely cause harm to Yak.
Yak is therefore requested to file the Agreement on the public record by 30 July 2010.
Consequently, the Commission will not be able to render a decision within 10 business days of the date of receipt of this application. The Commission intends to dispose of this application within 10 business days of this application being filed on the public record.
Yours sincerely,
Suzanne Bédard
Senior Manager, Tariffs
Telecommunications
cc: Joëlle Bernier, CRTC (819) 994-0551, joelle.bernier@crtc.gc.ca
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