ARCHIVED - Letter
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
Ottawa, 31 October 2011
Our reference: 8740-B54-201112664
8740-B2-201112672
BY E-MAIL
Distribution
Dear Madam/Sir:
Re: Request for disclosure of costing information designated as confidential - Bell Aliant Regional Communications, Limited Partnership Tariff Notice 380 and Bell Canada Tariff Notice 7326
On 20 October 2011, the Canadian Network Operators Consortium Inc. (CNOC) requested disclosure of information filed as confidential by Bell Aliant Regional Communications, Limited Partnership and Bell Canada (Bell companies) regarding their Tariff Notices 380 and 7326, respectively. Specifically, CNOC requested the Commission order the Bell companies to disclose, on the public record, the average price per kwh for 2010 and 2011 in Ontario and Quebec reported in the table set out at page 6 of 6 of the Bell companies’ response to The Companies(CRTC)30Sep11-1.
CNOC submitted that it is essential for interested parties to know the average price that the Bell companies are actually paying for electrical power in Ontario and Québec in order to test the merits of the Bell companies’ argument. CNOC submitted that MTS Allstream Inc. and Globility Communications Corp. also supported this request.
On 25 October 2011, the Bell companies replied that the information at issue is in the nature of company-specific cost-study inputs and that the Appendix to Information Bulletin 2010 961 indicates that such information is to be treated as confidential. The Bell Companies submitted that treating the power rates paid by them to hydro companies as confidential is consistent with the historical treatment of such information. Further, knowledge of the average price that the Bell companies are paying for electrical power would provide no indication of the magnitude of the change in the Bell companies’ electrical power costs since 2002.
Commission staff notes that requests for disclosure of information designated as confidential are addressed in light of sections 38 and 39 of the Telecommunications Act (the Act) and section 30 and following of the CRTC Rules of Practice and Procedure (the Rules). In evaluating a request, an assessment is made as to 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 in disclosure. In making this evaluation, a number of factors are taken into consideration, 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 Broadcasting and Telecom Information Bulletin CRTC 2010-961 Procedures for filing confidential information and requesting its disclosure in Commission proceedings.
Commission staff considers that the information being sought by CNOC and other parties, that was designated by the Bell companies as confidential when filed, properly falls within section 39 of the Act, specifically section 39(1)(b): financial, commercial, scientific or technical information that is confidential and that is treated in a confidential manner by the person who submitted it.
Commission staff also considers that the release of this information on the public record could cause specific direct harm to the Bell companies and that this outweighs the public interest in disclosure.
Commission staff notes that to assist CNOC and other parties in this regard, the Bell companies did disclose the percentage increases to electrical power rates paid by them in Ontario and Québec between 2002 and 2010.
In light of the above, the request by CNOC and other parties is denied.
Yours truly,
Original signed by
Yvan Davidson
Director, Competitor Services and Costing
Telecommunications Directorate
Distribution
bell.regulatory@bell.ca;
regulatory@bell.aliant.ca;
iworkstation@mtsallstream.com;
regulatory@cnoc.ca;
regulatory@globility.ca
- Date modified: