ARCHIVED - Letter
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Ottawa, 10 October, 2012
Our reference: 8740-N1-201202978
BY EMAIL
To: Interested parties to Public Notice 2006-15
Dear Sir/Madam:
Re: Northwestel Inc. Tariff Notice 883A - Wholesale Connect Service – Requests for disclosure
This letter addresses requests for the disclosure of information for which confidentiality was claimed in the above-noted proceeding.
The Commission received requests for disclosure of information for which confidentiality was claimed on 21 September 2012 from SSI Micro.
On 28 September 2012, Northwestel replied to the requests for disclosure from SSI.
Requests for disclosure of information for which confidentiality was 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. In making this evaluation, a number of factors are taken into consideration, including the degree of competition that exists in a particular market or that is expected to occur. All things being equal, the greater the degree of actual or expected competition, the greater the specific direct harm that could be expected to result from disclosure. Another factor 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 specific direct harm will flow from its disclosure.
Even where specific direct harm may result, this harm must be balanced against, and outweigh the public interest in disclosure in order to qualify for confidentiality. In certain circumstances, specific direct harm from disclosure may still be outweighed by the public interest in disclosure.
Confidentiality requests are treated on a case-by-case basis and determinations in this instance should not be taken as an indication of the manner in which such matters would be dealt with in the future under different circumstances.
Having regard to the considerations set out above, Commission staff has determined, based on all the material before it, that no specific direct harm would likely result from disclosure, or that the public interest in disclosure outweighs any specific direct harm that might result from disclosure, of the information specified in the Attachment to this letter.
With respect to the required disclosure of the structure cost factors, Commission staff notes that this is consistent with the policies set out for the other ILECs where the structure cost factors at the aggregate level are released on the public record. Further with respect to Northwestel’s claim that special circumstances warrant a different disclosure treatment because 50% of Northwestel’s NAS are in three communities, Commission staff considers the information is sufficiently aggregated as to not cause any specific harm to the company.
With respect to Northwestel’s claim that the disclosure of the specific network components used for specific services or geographic locations that receive subsidies may cause the company specific harm, Commission staff notes that the information requested to be disclosed, represents growth technology information that is generally released on the public record.
Unless otherwise expressly indicated, parties are to place on the public record all of the information specified in the Attachment by 12 October 2012, serving a copy on all interested parties by the same date. These submissions must be received, not merely sent, by that date.
Yours sincerely,
Original signed by:
Yvan Davidson
Director
Costing & Competitive Services
Telecommunications Directorate
c.c.: Marc Pilon, CRTC, 819-997-4535, marc.pilon@crtc.gc.ca
Encl. (1)
Distribution List
regulatoryaffairs@nwtel.ca; regulatory.affairs@telus.com; sbishay@icewireless.ca; regulatory@ssimicro.com; marc.pilon@crtc.gc.ca; Lisa.Badenhorst@gov.yk.ca; Steve.Rose@gov.yk.ca; Susan_Martin@gov.nt.ca; mhollis@gov.nu.ca; deanp@ssimicro.com; abadea@iristel.ro; angusoliver320@gmail.com; jhpratt@msn.com
ATTACHMENT
Disclosure of information for which confidentiality was claimed
NWTel(CRTC)30July2012-02 a)
Northwestel is to disclose on the public record all information related to the public funding including dollar amounts, capacity and network components.
NWTel(CRTC)30July2012-09
Northwestel is to release the average loop lengths provided in the Table in the interrogatory response, on the public record
NWTel(CRTC)30July2012-10 b)
Northwestel is to release the average fibre cable lengths on the public record.
NWTel(CRTC)30July2012-14 d)
Northwestel is to release the assumed core route capacity and the peak utilization rates on the public record.
NWTel(CRTC)30July2012-16 c)
Northwestel is to disclose the aggregate fiber cost factor on the public record.
NWTel(CRTC)30July2012-17
Northwestel is to disclose the structure fiber cost factors on the public record.
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