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Ottawa, 20 March 2012

Our Reference:  8622-C182-201200063


Mr. Denis E. Henry
Vice-President – Regulatory, Government Affairs and Public Law
Bell Aliant
160 Elgin Street
Ottawa, Ontario
K2P 2C4

- AND -

Mr. Philippe Gauvin
Senior Counsel – Regulatory Law & Policy
Bell Canada
160 Elgin Street
Ottawa, Ontario
K2P 2C4

- AND -

Mrs. Teresa Griffin-Muir
Vice-President, Regulatory Affairs
MTS Inc. and Allstream Inc.
45 O’Connor Street, Suite 1400
Ottawa, Ontario
K1P 1A4

Re:  CNOC Part 1 application requesting expedited relief to address implementation of the capacity model approved in TRP 2011-703 – MTS Allstream’s  request for disclosure of information

Dear Sirs/Madam:

By letter dated 1 March 2012, MTS Inc. and Allstream Inc. (MTS Allstream) requested disclosure of certain information that Bell Aliant Regional Communications, Limited Partnership and Bell Canada (collectively, the Bell companies) provided under a claim

of confidentiality in their comments filed on 13 February 2012. The Bell companies replied to MTS Allstream’s request on 15 March 2012.


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.

MTS Allstream requested that the Bell companies disclose mark-ups related to their residential and business wholesale high-speed access services. MTS Allstream submitted that disclosure would allow parties to test the Bell companies’ assertions regarding the need for penalties to avoid gaming of capacity based billing, the need for realm splitting, and the proposed modification of business access rates for the interim solution established in Decision 2012-60.

Commission staff considers that, for the purposes of the CNOC Part 1 proceeding, parties can properly address the above issues without disclosure of the Bell companies’ mark-ups. Commission staff considers that, as the disclosure of such mark-ups would reveal the underlying costs of the services, it could provide competitors with competitive information that could result in harm to the Bell companies.  Accordingly Commission staff considers that the specific direct harm caused by disclosure of this information would outweigh the public interest in its disclosure.

Having regard to all of the considerations set out above and to the parties’ submissions, the Bell companies are not required to place on the public record of this proceeding, the information designated as confidential in its comments for which MTS Allstream requested disclosure.

Yours sincerely,

‘Original signed by Y. Davidson’

Yvan Davidson
Director, Competitor Services and Costing
Telecommunications Directorate

cc:  Interested Parties to Telecom Notice of Consultation 2011-77

Interested Parties to Telecom Notice of Consultation 2011-77 lisagoetz@globalive.comvince.v regulatory@bell.aliant.caregulatory@execulink.comjcarter@surenet.netmike.manvell@switchworks.comghariton@sympatico.cactacit@tacitlaw.comcrtcmail@gmail.comscott@beamdog.commmallani@yahoo.cad.olafson@shaw.cawally@ciaccess.comjared.mcateer@istockphoto.comthepga@gmail.comdirkalgera@gmail.comtfarrelly@bryston.caal@purepages.carubenstein.mark@gmail.comjamiea@storm.caglenrfarrell@gmail.comdr.wilson@wilson-research.cajacqueslee917@gmail.comcatherine.middleton@ryerson.caapilon@acninc.comdeschec@ircm.qc.cajebouchard@phdvideo.comian_fraser@nomorecrtcspam.caspaesani@gmail.comdmckeown@viewcom.capeterdasilva@yahoo.caabriggs@cogeco.carwadsworth@sandvine.comdocument.control@sasktel.comsidneirohr@hotmail.comivan@vibrantprints.cajae@c-art.comrem00126@hotmail.comcmich@rogers.comtzaritsa1000@hotmail.comchad.cunningham@cwct.carenaonlinenow@gmail.comtisrael@cippic.cajfleger@jflegerlaw.comandyb@teksavvy.comsamsonmi@tlb.sympatico.caandre.labrie@mcccf.gouv.qc.caregulatory@primustel.caamanevich@heenan.cabrian@colenet.caRegulatory.Matters@corp.eastlink.caadena.dinn@calliougroup.comanlakenews@gmail.comregulatory@bcba.casatkepa@rogers.comlukej;

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