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Our Reference: 8662-S9-201201342
Ottawa, 5 March 2012
BY E-MAIL
Mr. Jean Brazeau
Senior Vice President
Shaw Communications Inc.
40 Elgin Street, Suite 1400
Ottawa, Ontario K1P 5K6
Mr. William Sandiford
Chairman and President
CNOC
107-85 Curlew Drive
Toronto, Ontario, M3A 2P8
Dear Sirs:
Re: Shaw’s Part 1 application to review and vary Telecom Regulatory Policy CRTC 2011-703 - CNOC’s request for disclosure of information
By letter dated 13 February 2012, Canadian Network Operators Consortium Inc. (CNOC) requested disclosure of certain information submitted with a claim for confidentiality by Shaw Communications Inc. (Shaw) in its Part 1 application1 posted on the Commission website on 3 February 2012. Shaw replied to CNOC’s request on 23 February 2012.
Disclosure
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 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.
Having regard to all of the considerations set out above and to the parties’ submissions, Shaw is to place on the public record of this proceeding, by 8 March 2012,the information designated as confidential in its Part I application that is identified below, to the extent set out below. It is considered that the specific direct harm, if any, likely to be caused by disclosure of this information would not outweigh the public interest in its disclosure.
- Provide the TPIA percentage subscriber growth forecast.
- Provide the CSG Group cost ($ per unit per month) provided for each speed in Tables 1, 4, 7, 10 and 13 of Appendix of Shaw’s Economic Evaluation submitted on 10 December 2010 in support of its TPIA Access Service filing.
- Provide the Bad Debt expense factor provided for each speed in line # 102 of the attachment titled Shaw Cablesystems – TPIA Costing model submitted in response to Shaw(CRTC)15Sept10-101.
It is noted that, subsequent to CNOC’s request for disclosure of traffic growth projection information, Shaw placed this information on the public record of this proceeding.
Dates for further submissions
Dates for the submission of comments and reply comments with respect to Shaw’s Part I application will be established in the near future.
Yours sincerely,
Original signed by:
Yvan Davidson
Director, Competitor Services and Costing
Telecommunications Directorate
c.c.: Interested Parties to Telecom Notice of Consultation 2011-77
[1] In its Part 1 application, Shaw requested that the Commission vary certain determinations regarding costs made in Telecom Regulatory Policy CRTC 2011-703 (TRP 2011-703).
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