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Ottawa, 26 April 2013
Our reference: 8663-C12-201215302
BY E-MAIL
To: Distribution list
RE: Telecom Notice of Consultation 2012-669 – Requests for disclosure of information designated as confidential and for further responses to interrogatories
This letter addresses a request for disclosure of information designated as confidential made in the proceeding initiated by Telecom Notice of Consultation 2012-669.
On 19 April 2013, the Public Interest Advocacy Centre and the Consumers' Association of Canada (collectively, PIAC/CAC) filed a request for disclosure of information for which confidentiality had been claimed with respect to response to interrogatory NWTel(CRTC) 27Feb13-1102. On 22 April 2013, Northwestel responded to the above request.
Requests for disclosure of information designated as confidential are addressed in light of sections 38 and 39 of the Telecommunications Act (the Act) and sections 30 and following of the CRTC Rules of Practice and Procedure (the Rules of 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 Broadcasting and Telecom Information Bulletin CRTC 2010-961-1, 26 October 2012.
In particular, in the circumstances of this case, Commission staff considered the extent to which similar information was disclosed on the public record of this proceeding, and the extent to which release of the information could disclose competitively sensitive information related to revenues and market size.
Having regard to all the considerations set out above, Northwestel is not required to disclose the information requested by PIAC/CAC on the public record of this proceeding.
Yours sincerely,
Original signed by
John Macri,
Director
Telecommunications Policy
cc: Christine Bailey, CRTC, (819) 997-4557, christine.bailey@crtc.gc.ca
Distribution List:
Dallas Yuellet, Northwestel Inc., regulatoryaffairs@nwtel.ca
Dean Wells, Government of Nunavut, dwells@gov.nu.ca,
Linda Maljan, Government of the Northwest Territories, linda_maljan@gov.nt.ca,
Dean Proctor, SSi Group, regulatory@ssimicro.com
Hugo Letarte, TELUS Communications Company, regulatory.affairs@telus.com
Suzanne Giroux, MTS Allstream, suzanne.giroux@mtsallstream.com,
John Lawford, Public Interest Advocacy Centre, lawford@piac.ca
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