ARCHIVED - Letter
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Ottawa, 25 October 2013
Our reference: 8622-B2-201312917
BY EMAIL
Barry Chapman
Vice President Regulatory Affairs
Bell Canada
Floor 19, 160 Elgin Street
Ottawa, Ontario K2P 2C4
bell.regulatory@bell.ca
Howard M. Hacker
Legal Counsel
Plazacorp Investments Limited
10 Wanless Avenue, Suite 201
Toronto, Ontario M4N 1V6
hhacker@plazacorp.com
Re: Bell Canada application for access to the York harbour Club multi-dwelling unit - Request for disclosure of information
Dear Sirs:
This letter addresses a request for disclosure of information filed in confidence by Plazacorp Investments Limited's (Plazacorp) as part of its 16 October 2013 response to interrogatories in the above-noted proceeding. The responses were filed by Plazacorp on behalf of the owner of the York Harbour Club development, namely West Harbour City (III) Residences Corp. (part of the Plazacorp Group of Companies).
On 18 October 2013, Bell Canada filed a request for disclosure of the marketing agreement between Rogers Communications Inc. (Rogers) and West Harbour City (III) Residences Corp.
On 23 October 2013, Plazacorp filed a reply to Bell Canada’s request. In its reply, Plazacorp filed an abridged version of the marketing agreement with the Commission, which has been placed on the public record. Plazacorp stated that the information for which it claimed confidentiality is commercially sensitive and/or personal information, and that its disclosure would prejudice the competitive position of the parties to the agreement.
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 Canadian Radio-television and Telecommunications Commission 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 release of the information could disclose competitively sensitive information related to the contractual agreement between West Harbour City (III) Residences Corp and Rogers.
Having regard to all the considerations set out above, Plazacorp, on its own behalf or on behalf of West Harbour City (III) Residences Corp. is not required to disclose on the public record of this proceeding the information for which it claimed confidentiality in its letter dated 23 October 2013.
Commission staff encourages the parties in their continued negotiations towards reaching a mutually satisfying agreement in parallel with the Part 1 application.
Yours sincerely
Original signed by
Mario Bertrand
Director, Dispute Resolution
Telecommunications
cc: Rogers Communications Inc., rci.regulatory@rci.rogers.com
Howard M. Hacker, West Harbour City (III) Residences Corp. hhacker@plazacorp.com
Danny Moreau, CRTC, danny.moreau@crtc.gc.ca
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