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File No.: 8663-C12-201215302
Ottawa, 25 January 2013
BY E-MAIL
Dallas Yeulett
Senior Manager, Regulatory Compliance
Northwestel Inc.
P.O. Box 2727
Whitehorse, YT Y1A 4Y4
regulatoryaffairs@nwtel.ca
RE: Review of Northwestel Inc.’s Regulatory Framework, Modernization Plan, and related matters – Telecom Notice of Consultation 2012-669 – Disclosure Request by PIAC/CAC
The Commission is in receipt of a letter dated 23 January 2013 from the Public Interest Advocacy Centre (PIAC) on its own behalf and the Consumers’ Association of Canada (collectively, PIAC/CAC) requesting disclosure of certain confidential information contained in a submission filed by Northwestel Inc. (Northwestel) on 16 January 2013. The submission, titled Northwestel Inc. Network Modernization Plan for years 2013-2017 (the Modernization Plan), was filed pursuant to directions on procedure set out in Telecom Notice of Consultation CRTC 2012-669 (TNC 2012-669).
PIAC/CAC noted that the current process set out in TNC 2012-669 calls for the filing of interventions on the Modernization Plan and all other issues identified in that notice by 6 February 2013. PIAC/CAC submitted that interventions from interested persons regarding Northwestel’s Modernization Plan should more appropriately be filed with the benefit of the information for which PIAC/CAC is seeking disclosure.
Commission staff considers it appropriate that Northwestel be accorded a reasonable amount of time to reply to PIAC/CAC’s request. Parties should also be afforded a reasonable amount of time to comment on any information which may be required to be disclosed. Given the 6 February 2013 intervention deadline, Commission staff is of the view that it would not be possible to issue determinations on PIAC/CAC’s disclosure requests and provide parties (including Northwestel) with the appropriate level of procedural fairness. Commission staff considers that, even in the absence of this information, parties can still meaningfully comment on Northwestel’s Modernization Plan as well as the other issues identified in TNC 2012-669 by the 6 February 2013 intervention deadline.
Accordingly, Commission staff has set out below the procedure to deal with PIAC/CAC’s request:
Northwestel is to file its response to PIAC/CAC’s request for public disclosure with the Commission, serving a copy on PIAC/CAC, by 4 February 2013.
Determinations will be issued regarding PIAC/CAC’s request for public disclosure as soon as possible. Any information to be provided pursuant to such determinations must be filed with the Commission by 15 February 2013.
Commission staff acknowledges that parties may wish to make additional comments on the Modernization Plan in light of any information the Commission determines should be disclosed. Accordingly, depending on the outcome of those determinations, parties will be afforded an opportunity to provide additional comments on any information which is required to be disclosed.
Yours sincerely,
Original signed by:
John Macri,
Director
Telecommunications Policy
cc: Mr. John Lawford, PIAC/CAC, jlawford@piac.ca
Christine Bailey, CRTC, christine.bailey@crtc.gc.ca
[1] Review of Northwestel Inc.’s Regulatory Framework, Modernization Plan, and related matters, Telecom Notice of Consultation CRTC 2012-669, 6 December 2012.
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