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Ottawa, 23 April 2014
Vice President, Regulatory Affaires
No. Ref : 2013-1786-8
Re: Request by the Canadian Media Production Association (CMPA) for access to information designated as confidential
The Commission received a request for the disclosure of information designated as confidential by Eastlink from the Canadian Media Production Association (CMPA), dated 1 April 2014, in which the CMPA states that:
- Information of the same nature as that designated as confidential was posted to the Commission's website on 17 March 2014 for other video-on-demand (VOD) undertakings.
- The information designated as confidential is not among the documents specified in Information Bulletin 2010-961 that may be designated as confidential.
In response to this letter, the Commission received a reply from Eastlink dated 11 April 2014.
Under subsection 33(4) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules), CRTC staff considers that the public disclosure of the information requested by the CMPA (forms 1380 attached to the renewal application Eastlink's VOD undertaking).
Commission staff notes that in paragraph 6 of Broadcasting Policy 2011-59-1, the Commission established that it could choose to disclose some or all of the aggregate statistical data required of VOD undertakings, with the exception of those related to current and projected video server capacity.
While it recognizes that Eastlink a number of small undertakings, Commission staff notes that the data requested by the CMPA are aggregate and that the same data have been requested of several VOD undertakings in March 2014, including MTS Allstream Inc. and Saskatchewan Telecommunication, both of which are of a size comparable to Eastlink.
Commission staff considers that the public interest in disclosure of those data in question outweighs any specific direct harm to Eastlink that might result from such disclosure.
Therefore, the data included in form 1380 attached to Eastlink's application for renewal and designated as confidential should be filed on the public record of this proceeding, with the exception of lines 1 and 2, which contain information on server capacity, as requested in your letter dated 11 April 2014.
Eastlink must file the abridged version of the document reflecting the above by 25 April 2014, serving copies on all parties by that date.
Commission staff requires that Eastlink submit its revised documents electronically using the secure "My CRTC Account" (Partner Log In or GCKey) service and fill in the "Broadcasting and Telecom Cover page" on this webpage. You will also find on this webpage a link to information on submitting applications to the Commission "Submitting applications and other documents to the CRTC using My CRTC Account."
A copy of this letter and all related correspondence will be added to the public record of the proceeding.
TV Policy and Applications
cc. Jay Thomson, Canadian Media Production Association (CMPA) - firstname.lastname@example.org
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