ARCHIVED - Letter

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Ottawa, 3 October 2011

Our reference:  8661-S93-201109885

Mr. Dallas Yeulett
Senior Manager, Regulatory Compliance
Northwestel Inc.
P.O. Box 2727
301 Lambert Street
Whitehorse, Yukon  Y1A 4Y4
Regulatoryaffairs@nwtel.ca

Mr. Dean Proctor
Chief Development Officer
The SSi Group of Companies
356 B Old Airport
Yellowknife, Northwest Territory  X1A 3T4
regulatory@ssimicro.com

Re:  Part 1 Application by SSi Micro Ltd. dated 23 June 2011 regarding Northwestel’s Backbone Connectivity Services – Request for disclosure and further information

Dear Mr. Yeulett and Mr. Proctor:

This letter addresses a request by SSi Micro Ltd. (SSi Micro) for disclosure of information designated as confidential in the above-referenced proceeding. The confidential information was filed by Northwestel Inc. (Northwestel) in response to Commission interrogatories in the proceeding.

On 19 September 2011, SSi Micro, while acknowledging the commercially sensitive nature of the confidential information, requested that the information be disclosed only to itself. On 29 September 2011, Northwestel filed further information and responded to SSi Micro’s request by disclosing to SSi Micro certain information specific to SSi Micro that Northwestel had previously filed in confidence with the Commission.

Requests for disclosure of information designated as confidential are addressed in light of sections 38 and 39 of the Telecommunications Act (the Act) and sections 30 and following of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure. In evaluating a disclosure request, the Commission first assesses whether the information falls into a category of information that can be designated confidential pursuant to section 39 of the Act. The Commission then assesses whether there is any specific direct harm likely to result from the disclosure of the information in question and whether any such harm outweighs the public interest for disclosure. In performing this evaluation, the Commission takes into consideration a number of factors, including the degree of competition and the importance of the information to the ability of the Commission to obtain a full and complete record. The factors considered by the Commission are discussed in more detail in Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, 23 December 2010.

Having conducted the above assessment with respect to SSi Micro’s disclosure request, Commission staff finds that no further information is required to be disclosed or filed.

Yours sincerely,

Original signed by

Mario Bertrand
Director, Competition Implementation and Technology
Telecommunications

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