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Ottawa, 14 December 2012

Our references: 8740-B20-201208307


See Distribution List

RE: Bell Canada Tariff Notice 926 and Télébec, Société en commandite Tariff Notices 452 and 452A

This letter addresses the request for disclosure of information for which a claim of confidentiality has been made by Bell Aliant Regional Communications, L.P.; Bell Canada and Télébec, Société en commandite (the Bell companies) with respect to the above noted Tariff Notices.

By letter dated 10 August 2012, Bragg Communications Inc., carrying on business as Eastlink, Cogeco Cable Inc., Rogers Communications Partnership, Shaw Communications Inc., and Quebecor Media Inc., on behalf of its affiliate Videotron G.P. (collectively, the cable carriers) requested that the Bell companies disclose on the public record the pole count information and the total third party expenses filed in confidence in the above-noted Tariff Notices.

The Bell companies filed responses on 1 October 2012. In their response, the Bell companies noted that they have already responded to these requests for disclosure in paragraphs 5 to 7 of their 20 August 2012 reply comments associated with the above-noted tariffs.

Requests for disclosure of information for which confidentiality has been claimed are addressed in light of section 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 as amended by Confidentiality of information used to establish wholesale service rates, Telecom Regulatory Policy CRTC 2012-592, 26 October 2012 (Telecom Regulatory Policy 2012-592).

With respect to the request for disclosure on the public record the pole count information and the total third party costs, Commission staff considers that the information designated as confidential properly falls within subsection 39(1)(c)(iii) of the Act and within the determinations regarding resource costs as set out in Telecom Regulatory Policy 2012-592. Commission staff is of the view that the information is not sufficiently aggregated and its disclosure could reasonably be expected to affect contractual or other negotiations for the parties involved. Commission staff considers that the specific direct harm that could likely result from the disclosure of this information does not outweigh the public interest in disclosure. Accordingly, the cable carriers request is denied.

Yours sincerely,

Original signed by

Mario Bertrand
Director Dispute Resolution & Decisions

Cc.: Bell Aliant :
Bell Canada :
Télébec :

Distribution List:
EastLink :
Cogeco Cable Inc.:
Quebecor Media Inc.:
Rogers Communications Partnership :
Shaw Communications Inc. :
MTS Allstream :

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