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RE:  Review of wholesale services and associated policies, Telecom Notice of Consultation CRTC 2013-551 – Requests for disclosure of information designated as confidential in first round of interventions

Dear Madams/Sirs:

This letter addresses requests for disclosure of information designated as confidential made in the proceeding initiated by Telecom Notice of Consultation CRTC 2013-551, as amended.[1]

On 21 February 2014, the Public Interest Advocacy Centre (PIAC) and the Canadian Network Operators Consortium Inc. (CNOC) filed requests for disclosure of information for which confidentiality had been claimed in connection with the pursuant to the parties’ first round of interventions filed on 31 January 2014.[2]

On 7 March 2014, Bell Aliant and Bell Canada responded to the above requests.

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 the circumstances of this case, Commission staff considered, amongst other relevant considerations, whether disclosure of the information would meaningfully benefit public participation, the degree to which the information had been aggregated, and the competitive sensitivity of the information itself.

Having regard to all the considerations set out above, Bell Canada is to disclose on the public record the confidential information identified in paragraphs 204, 205 and 222 of its intervention dated 31 January 2014 by 30 May 2014.

Sincerely,

Original signed by

Lyne Renaud
Director, Competitor Services and Costing
Telecommunications Sector

c.c.:  Philippe Kent, CRTC, 819 953-4057, philippe.kent@crtc.gc.ca

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