ARCHIVED -  Letter

Our Reference:  8663-C12-201108754

Ottawa, 1 May 2012

BY E-MAIL

To: Distribution List

Re:  Review of regulatory framework for the small incumbent local exchange carriers and related matters, Telecom Notice of Consultation 2011-348, as amended - Requests for disclosure of information filed in confidence and for further responses

This letter addresses requests for disclosure of information designated as confidential and further responses to interrogatories made in the proceeding initiated by Telecom Notice of Consultation CRTC 2011-348, as amended.¹

On 16 April 2012, Bell Aliant Regional Communications, Limited Partnership, Bell Canada, NorthernTel, Limited Partnership and KMTS (“Bell et al.”) filed requests for further responses to interrogatories and requests for disclosure of information for which confidentiality had been claimed by Bragg Communications Inc., operating as EastLink (“EastLink”).

On 23 April 2012, EastLink filed responses to the above requests.

Requests for public disclosure are addressed in Part I of this letter while requests for further responses are addressed in Part II of this letter. Part II also addresses further responses to Commission staff interrogatories to TBayTel. Part III sets out additional information requests from Commission staff.

Unless otherwise expressly indicated, parties are to file with the Commission all information to be provided pursuant to this letter by 7 May 2012 serving a copy on all interested parties by the same date. These submissions must be received, not merely sent, by that date.

Part I – Requests for 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. 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. An assessment is then made as to 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 for the purpose of obtaining a fuller record. The factors considered 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 regard to all of the considerations set out above, EastLink is to place on the public record of this proceeding the information designated as confidential in response to the interrogatories listed in Attachment 1, to the extent set out in that Attachment. In each case where full or partial disclosure is to occur, it is considered that the specific direct harm, if any, likely to be caused by disclosure would not outweigh the public interest in disclosure.

Part II – Requests for Further Responses

EastLink and TBayTel are to file further responses to interrogatories and additional information, either in response to a request from another party, or as a result of a Commission review of the interrogatory responses. In doing so, it is considered that this further response is necessary in order to have a fuller record. EastLink and TBayTel are to provide further responses as set out in Attachment 2.

Part III – Additional Information Requests

Attachment 3 to this letter sets out additional Commission staff interrogatories to parties.  

Yours sincerely,

Original signed by:

John Macri
Director
Telecommunications Policy

Distribution List

grubb@hurontel.on.ca;
wagrier@1000island.net;
rbanks@mornington.ca;
steve@wtccommunications.ca;
roxboro@ontarioeast.net;
regulatory@tcc.on.ca;
jpatry@telcourcelles.qc.ca;
tellambton@tellambton.net;
telstep@telstep.net;
pdowns@nexicom.net;
kgugan@wightman.ca;
a.schneider@hay.net;
sophie.houde@sogetel.com;
j-fmathieu@telupton.qc.ca;
gcordeau@maskatel.qc.ca;
lisa.marogna@cwct.ca;
nfrontenac@kw.igs.net;
tracy.cant@ontera.ca;
jonathan.scott@execulink.com;
telvic@telvic.net;
pgillis@dryden.cam;
baron@brktel.on.ca;
pallard@cooptel.qc.ca;
jdowns@nexicomgroup.net;
regulatory@brucetelecom.com;
barry.stone@quadro.net;
gosfield@gosfieldtel.com;
rroy@telwarwick.qc.ca;
paul.frappier@telmilot.com;
jonathan.holmes@ota.on.ca;
admin@cochranetel.ca;
sdesy@actq.qc.ca;

rob.olenick@tbaytel.com;
dennis.beland@quebecor.com
david .watt@rci.rogers.com
regulatory@bell.aliant.ca
bell.regulatory@bell.ca
regulatory.matters@corp.eastlink.ca
regulatory.affairs@telus.com
piac@piac.ca
regulatory@sjrb.ca

Attachment 1

Disclosure of Information Designated as Confidential

EastLink(CRTC)28Nov11-101
EastLink is to provide, on the public record, an abridged version of its response to this interrogatory which discloses the band/sub-band classification of each wire centre.

EastLink(CRTC)28Nov11-102
EastLink is to provide, on the public record, its response to this interrogatory.

EastLink(Bell)14Mar12-A4
EastLink is to provide, on the public record, its response to this interrogatory.

Attachment 2

Further Responses to Interrogatories

TBayTel (CRTC)28November11-101
TBayTel is to provide a full response to the interrogatory. 

TBayTel (CRTC)28November11-103
TBayTel is to provide the information requested in the interrogatory for regulated services in basket 4. 

TBayTel (CRTC)28November11-104
TBayTel is to provide the information requested in the interrogatory for regulated services in basket 4. 

EastLink (Bell) 14Mar12-A2
EastLink is to provide a revised version of this response that incorporates corrections to the typographical errors identified in its 23 April 2012 response to deficiency requests.

EastLink (Bell) 14Mar12-A3
EastLink is to provide a revised version of this response that incorporates corrections to the typographical errors identified in its 23 April 2012 response to deficiency requests.

Attachment 3

Supplemental Interrogatories

To: Bell et al., EastLink, Rogers Communications Partnership, Quebecor Media Inc., MTS Inc. and Allstream Inc., Shaw Telecom G.P., TBayTel, and members of the Association des Compagnies de Téléphone du Québec Inc. and the  Ontario Telecommunications Association²

301. In calculating subsidy amounts for small incumbent local exchange carriers (ILECs) for 2011, should the residential NAS counts used to calculate subsidy amounts for small ILECs in Telecom Decision CRTC 2006-14 be used or should the previous year’s (i.e., 2010) residential NAS counts be used?  Provide rationale to support your view.

To: Bell et al.

302. Identify whether each of NorthernTel, Limited Partnership and KMTS is a tax-paying or tax-exempt company.

Attachment 4

Members of the Ontario Telecommunications Association

Brooke Telecom Co‑operative Ltd.
Bruce Telecom
CityWest Telephone Corporation

Cochrane Telecom Services
Dryden Municipal Telephone System
Execulink Telecom Inc.
Gosfield North Communications Co‑operative Limited
Hay Communications Co‑operative Limited
Huron Telecommunications Co‑operative Limited
Lansdowne Rural Telephone Co. Ltd.
Mornington Communications Co‑operative Limited
Nexicom Telecommunications Inc.
Nexicom Telephones Inc.
North Frontenac Telephone Corporation Ltd.
NRTC Communications
Ontera
Quadro Communications Co‑operative Inc.
Roxborough Telephone Company Limited
TBayTel
Tuckersmith Communications Co‑operative Limited
Wightman Telecom Ltd.
WTC Communications

Members of the Association des Compagnies de Téléphone du Québec Inc.

CoopTel
La Cie de Téléphone de Courcelles Inc.
La Compagnie de Téléphone de Lambton Inc.
La Compagnie de Téléphone de St‑Victor
La Compagnie de Téléphone Upton Inc.
Le Téléphone de St‑Éphrem inc.
Sogetel inc.
Téléphone Guèvremont inc.
Téléphone Milot inc.

[1] Review of regulatory framework for the small incumbent local exchange carriers and related matters, Telecom Notice of Consultation 2011-348, 26 May 2011, as amended by Telecom Notices of Consultation 2011-348-1, 5 July 2011; 2011-348-2, 28 November 2011; and 2011-348-3, 21 December 2011.

[2] A list of the members of the Association des Compagnies de Téléphone du Québec Inc. and the  Ontario Telecommunications Association is provided in Attachment 4

Date modified:

2012-05-01