ARCHIVED - Letter
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Ottawa, 13 July 2012
Our Reference: 8662-R28-201201699
Mr. Kenneth G. Engelhart
Senior Vice President - Regulatory
Rogers Communications Partnership
333 Bloor Street East
Toronto, Ontario M4W 1G9
Mr. Yves Mayrand
Vice President, Corporate Affairs
Cogeco Cable Inc.
5 Place Ville Marie, bureau 1700
Montreal, Quebec H3B 0B3
Mr. Dennis Béland
Sr. Director, Regulatory Affairs, Telecommunications
Quebecor Media Inc.
612 St-Jacques Street, 15th floor, South Tower
Montreal, Quebec H3C 4M8
Mr. William Sandiford
Chair of the Board and President
Canadian Network Operators Consortium Inc.
107-85 Curlew Drive
Toronto, Ontario M3A 2P8
RE: File # 8662-R28-201201699 - Rogers Part 1 Application to Review and Vary Telecom Regulatory Policy 2011-703 - Request for disclosure of costing information filed in confidence
This letter addresses requests for disclosure of information for which a claim of confidentiality has been made in the context of the process relating to Rogers’ Part 1 application.
On 5 July 2012, Canadian Network Operators Consortium Inc. (CNOC) filed requests for disclosure of information for which confidentiality had been claimed by Cogeco Cable Inc. (Cogeco), Quebecor Media Inc. on behalf of itself and its affiliate Videotron (Quebecor Media) and Rogers Communications Partnership (Rogers) in their responses to Commission staff’s 6 June 2012 interrogatories concerning the calculation of the CBB capacity rate as it applies to cable carriers.
On 10 July 2010, Cogeco, Quebecor Media, and Rogers filed with the Commission their responses to the above requests. On the same day, Quebecor Media filed revised responses to Commission staff’s 6 June 2012 interrogatories as well as its response to Commission staff’s 3 July 2012 interrogatory.
On 11 July 2012, CNOC filed requests for disclosure of information for which confidentiality had been claimed by Quebecor Media in its response to Commission staff’s 3 July 2012 interrogatory. On the same day, Quebecor Media filed with the Commission its responses to CNOC’s requests.
Requests for disclosure of information for which confidentiality has been claimed are addressed in light of sections 38 and 39 of the Telecommunications Act and section 19 of the CRTC Telecommunications Rules of Procedure (the Rules). In evaluating a request, an assessment is made as to whether there is any specific direct harm likely to result from the disclosure of the information in question. Further, in order to justify a claim of confidence, any such harm must be sufficient as to outweigh the public interest in disclosure. In making this evaluation, a number of factors are taken into consideration, including the following:
The degree of competition that exists in a particular market or that is expected to occur is an important consideration in assessing requests for disclosure. All things being equal, the greater the degree of actual or expected competition, the greater the specific harm that could be expected to result from disclosure;
Another factor in assessing the extent of harm is the expected usefulness of the information at issue to parties in furthering their competitive position. In this regard, an important consideration is the degree to which the information at issue is disaggregated. Generally speaking, the more aggregated the information, the less likelihood that harm will flow from its disclosure;
The expectation that specific direct harm might result from disclosure is not, by itself, sufficient to justify maintaining a claim of confidentiality. In certain circumstances, substantial harm from disclosure may still be outweighed by the public interest in disclosure; and
It should be noted that the treatment of confidentiality requests should not be taken as an indication of the manner in which such matters would be dealt with in the future in different circumstances.
In addition, in the circumstances of this case, the disclosure rulings in the proceeding leading to Telecom Regulatory Policy 2011-703 and the Commission staff letter to Rogers dated 7 March 2012 regarding Rogers’ Part 1 application to review and vary Telecom Regulatory Policy 2011-703 - CNOC’s request for disclosure of information were considered.
Having regard to all of the considerations set out above, the information filed under a claim of confidentiality in response to the requests for information listed in Attachment 1 is, to the extent set out in that Attachment, to be placed on the public record of this proceeding. 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.
The information to be provided on the public record by Cogeco, Quebecor Media, and Rogers as set out in Attachment 1 is to be filed with the Commission and served on all interested parties, by 20 July 2012. Copies of the documents should also be sent to firstname.lastname@example.org.
Commission staff notes that the remaining process dates set out in Commission staff’s letter dated 6 June 2012 continue to apply.
‘Original signed by Y. Davidson’
Director, Competitor Services and Costing
c.c.: Interested Parties to Telecom Notice of Consultation 2011-77
Chris Seidl, CRTC, email@example.com
Lynne Fancy, CRTC, firstname.lastname@example.org
Thomas Hui, CRTC, email@example.com
Interested Parties to Telecom Notice of Consultation 2011-77
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