ARCHIVED -  Procedural Letter

Ottawa, 4 February 2013

Our File: 8663-C12-201215302

BY EMAIL

To: Distribution List

Re:   Review of Northwestel Inc.’s Regulatory Framework, Modernization Plan, and     related matters – TNC 2012-669¹ Procedural matters

Request for disclosure of information designated as confidential

The Commission is in receipt of a letter dated 23 January 2013 from the Public Interest Advocacy Centre (PIAC), on behalf of itself and the Consumers’ Association of Canada (collectively, PIAC/CAC) requesting disclosure of certain confidential information contained in a Modernization Plan²filed by Northwestel Inc. (Northwestel) on 16 January 2013. The Modernization Plan was filed pursuant to directions set out in TNC 2012-669.

PIAC/CAC submitted that interventions from interested parties regarding Northwestel’s 2013 Modernization Plan (which are currently scheduled to be filed by 6 February 2013) should more appropriately be filed with the benefit of the information for which disclosure is being sought.

By letter dated 25 January 2013, Commission staff responded to PIAC/CAC, setting out a procedure whereby Northwestel is to reply to PIAC/CAC’s request by 4 February 2013, and any information required to be provided pursuant to the determinations on PIAC/CAC’s request must be filed with the Commission by 15 February 2013. The Commission staff letter indicated that interventions on Northwestel’s Modernization Plan and other issues identified in TNC 2012-669 would still be due by the 6 February 2013 deadline. However, the letter also stated that parties would subsequently be afforded an opportunity to provide additional comments on any information which is required to be disclosed.

Request for change in procedure

In response to PIAC/CAC’s request for disclosure, the Commission received letters from the Government of Yukon (Yukon) dated 28 and 30 January 2013, SSi Group of Companies (SSi) dated 28 January 2013, TELUS Communications Company (TCC) dated 31 January 2013, and the Utilities Consumers Group (UCG) dated 31 January 2013. The Commission notes that each letter either requested, or expressed support for, a modification to the process set out in TNC 2012‐669, so that any information in the Modernization Plan required to be disclosed would be available to all interested parties prior to the date their interventions are due. The Commission notes that SSi proposed that the date for the filing of interventions be extended to 27 February 2013; TCC agreed with that approach, but suggested in the alternative that interventions be due no less than one week following Northwestel’s disclosure of information.

Commission determinations

The Commission has reviewed the submissions made by parties regarding the disclosure of information filed in confidence by Northwestel in its Modernization Plan, as well as the requests for a change in procedure with respect to TNC 2012-669. The Commission notes that the Commission staff letter issued on 25 January 2013 established a process in which parties, in light of any information that is required to be disclosed, would have another opportunity to comment on Northwestel’s Modernization Plan. Further, the Commission considers that, even in the absence of that information, parties can still meaningfully comment on the Modernization Plan, as well as the numerous other issues identified in TNC 2012-669, by the 6 February 2013 intervention deadline.

 Accordingly, the Commission sets out the following procedure with respect to requests for disclosure of information contained in Northwestel’s Modernization Plan that has been designated confidential:

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.

Requests by other interested persons for public disclosure of information contained in Northwestel’s Modernization Plan that has been designated confidential, setting out in each case the reasons for disclosure, must be filed with the Commission and served on Northwestel by 6 February 2013.³ Northwestel is to file its response to these additional requests for public disclosure with the Commission, serving a copy on the interested person making the request, by 8 February 2013.

Determinations will be issued regarding requests for public disclosure of information contained in Northwestel’s Modernization Plan as soon as possible. Any information to be provided pursuant to such determinations must be filed with the Commission by 15 February 2013.

Parties may provide additional comments on any information which is required to be disclosed and contained in Northwestel’s Modernization Plan. These additional comments are to be filed with the Commission by 27 February 2013.

The Commission and parties, including Northwestel, may request information in the form of interrogatories from any party who has filed additional comments on Northwestel’s Modernization Plan. In accordance with sections 73 and following of the Rules of Procedure,⁴ the requesting party must file its request for information with the Commission and must serve the request on the party or parties to whom it is addressed, on or before 13 March 2013.

Responses to requests for information from parties or the Commission are to be filed with the Commission and served on the party or parties making the request by 27 March 2013.

All other deadlines set out in TNC 2012-669 remain unchanged.

Sincerely,

Original signed by

John Traversy

Secretary General

cc: Christine Bailey, CRTC, (819) 997-4557, 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

[2] 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 TNC 2012-669.

[3] Requests for disclosure already made by interested persons prior to the issuance of this letter will be taken into account and do not need to be refiled.

[4] Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure

Date modified:

2013-02-04