ARCHIVED - Letter

Ottawa, 27 June 2014

Our reference: 8663-C12-201313601

BY EMAIL

Distribution

RE: Review of wholesale services and associated policies, Telecom Notice of Consultation CRTC 2013-551 – Requests for disclosure of information designated as confidential and for further responses to the first round of interrogatories

Dear Madams/Sirs:

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

On 15 and 16 May 2014, Bell Aliant Regional Communications, Limited Partnership (Bell Aliant), Bell Canada, the Canadian Network Operators Consortium Inc. (CNOC), the City of Calgary, Consumers’ Association of Canada and the Public Interest Advocacy Centre (CAC/PIAC), MTS Inc. and Allstream Inc. (collectively, MTS Allstream), Primus Telecommunications Canada (Primus), Rogers Communications Inc. (Rogers) and TELUS Communications Company (TELUS) filed requests for disclosure of information for which confidentiality had been claimed and/or requests for further responses pursuant to the first round of interrogatories.

On 30 May 2014, Bell Aliant, Bell Canada, Bragg Communications Inc., carrying on business as Eastlink (Eastlink), the Canadian Cable Systems Alliance (CCSA), the Canadian Independent Telephone Company Joint Task Force (small ILECs), CNOC, Cogeco, MTS Allstream, Primus, Rogers, Saskatchewan Telecommunications (SaskTel), Shaw, and TELUS 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 whether information could be reasonably aggregated and the competitive sensitivity of the information itself. 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.

With respect to requests for further responses to interrogatories, the requirements of section 76 of the Rules of Procedure apply. The merits of arguments both for and against the filing of further responses are taken into account, as well as the general principles enunciated by the Commission in past proceedings. The major consideration is the relevance of the information requested to the matter at issue. The availability of the information requested is also a factor, which is balanced against the relevance of the information. If the provision of the information sought would require an effort disproportionate to the probative value of the information itself, further responses will not be required. Another factor considered is the extent to which an interrogatory answer is responsive to the interrogatory as it was originally asked. Generally, parties are not required to provide further responses to requests for further information from a party that did not ask the original interrogatory.

Having regard to all the considerations set out above, unless otherwise expressly indicated, parties are to file with the Commission all information to be provided pursuant to this letter as set out in the Attachment to this letter by 22 July 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

Attach. (1)

Distribution List

james.e.dingwell@yahoo.com; nels2510@telus.net; robin.winsor@cybera.ca; steve@openmedia.ca; reza.rajabiun@ryerson.ca; darrellkrahn@shaw.ca; chall2k5@gmail.com; heather.b.gold@ftthcouncil.org; ron.murch@haskayne.ucalgary.ca; regulatory@fibernetics.ca; jeff_mcnamee@sympatico.ca; harry.sharma@canarie.ca; cedwards@ccsa.cable.ca; regulatory@ssimicro.com; regulatory.matters@corp.eastlink.ca; rs@summer.com; corinne.pohlmann@cfib.ca; john.pecman@cb-bc.gc.ca; jpanter@auroracollege.nt.ca; regulatory@sjrb.ca; radams@coquitlam.ca; slambert-racine@uniondesconsommateurs.ca; regulatory@bcba.ca; george.burger@vmedia.ca; ctacit@tacitlaw.com; david.watt@rci.rogers.com; bell.regulatory@bell.ca; iworkstation@mtsallstream.com; regulatory.affairs@telus.com; rob.olenick@tbaytel.com; jfleger@piac.ca; dennis.beland@quebecor.com; jonathan.holmes@itpa.ca; regulatory@distributel.ca; michel.messier@cogeco.com; document.control@sasktel.com; regulatory@bell.aliant.ca; regulatory@primustel.ca; benjamin.sanders@gov.yk.ca; maryanne.bendfled@calgary.ca; blackwell@giganomics.ca; jfmezei@vaxination.ca

Attachment

Disclosure of information designated as confidential and further responses to interrogatories

_____(CNOC)28Mar14-111
Bell Aliant, Bell Canada, Cogeco, Eastlink, MTS Allstream, Rogers, SaskTel, Shaw, Télébec, Limited Partnership (Télébec), TELUS, and Québecor Média inc. (Vidéotron) are to provide a response to this interrogatory. Parties may file their responses in confidence with the Commission, providing an abridged version for the public record, which may later be aggregated for disclosure purposes.

_____(CNOC)28Mar14-122
Bell Aliant, Bell Canada, Cogeco, Eastlink, MTS Allstream, Rogers, SaskTel, Shaw, Télébec, TELUS, and Vidéotron are to provide a response to this interrogatory on the public record. Parties may base their response on the number of off-tariff negotiated agreements provided rather than offered, specifying the metric used.

_____(CNOC)28Mar14-163
Bell Aliant, Bell Canada, Cogeco, Eastlink, MTS Allstream, Rogers, SaskTel, Shaw, Télébec, TELUS, and Vidéotron are to provide the range (i.e. minimum and maximum) of mark-ups associated with its services within each of the six categories of wholesale services (essential; conditional essential; conditional mandated non-essential; public good; interconnection; and non-essential subject to phase-out) on the public record.

_____(CNOC)28Mar14-218 and _______(CNOC)28Mar14-305
Bell Aliant, Bell Canada, Cogeco, Eastlink, MTS Allstream, Rogers, SaskTel, Shaw, Télébec, TELUS, and Vidéotron are to provide a response to the associated interrogatory. Parties may file their responses in confidence with the Commission, providing an abridged version for the public record.

_____(CNOC)28Mar14-223
Bell Aliant, Bell Canada, MTS Allstream, SaskTel, Télébec, and TELUS, are to provide a response to the associated interrogatory on the public record. Parties may provide estimates as to the percentage of homes passed by remote DSLAMs vs. DSLAMs located in the CO.

TELUS (CNOC)28Mar14-156 and Eastlink(CNOC)28Mar14-156
TELUS and Eastlink are to provide a response to the associated interrogatory on the public record.

Rogers(Primus)28Mar14-9 and Eastlink (Primus)28Mar14-9
Rogers and Eastlink are to disclose their responses on the public record at a level of disclosure comparable to similar responses filed by other large incumbent carriers.

Eastlink(CRTC)28Mar14-18
Eastlink is to disclose its response on the public record at a level of disclosure comparable to similar responses filed by other large incumbent carriers.

Bell Canada(Primus)28Mar14-19
Bell Canada is to provide a response to part (a) and (b) the interrogatory, but may file its response in confidence with the Commission, providing an abridged version for the public record.
Bell Aliant(Primus)28Mar14‐20, Bell Canada(Primus)28Mar14‐23, MTS Allstream(Primus)28Mar14‐20, SaskTel(Primus)28Mar14‐20 and TELUS(Primus)28Mar14‐22
Bell Aliant (including Télébec), Bell Canada, MTS Allstream, SaskTel, and TELUS are to provide a response to parts (b) and (c) of the associated interrogatory. Parties may file their responses in confidence with the Commission, providing an abridged version for the public record.

Bell Aliant(CRTC)28Mar14-24 and Bell Canada(CRTC)28Mar14-24
Bell Aliant and Bell Canada are to disclose on the public record its response at a level of disclosure comparable to responses filed by other large incumbent carriers.

Bell Canada(MTS Allstream)28Mar14-6
Bell Canada is to provide a response to the interrogatory, but may file its response in confidence with the Commission, providing an abridged version for the public record.

CNOC(Rogers)28Mar14-4(A)
CNOC is to provide a complete response to this interrogatory, such that includes all of its members, on the public record.

CNOC(Bell Canada)28Mar14-4 and CNOC(CRTC)28Mar14-5,6,9
CNOC is to address the issues raised in these interrogatories in its second round of interventions. Parties will be provided the opportunity to comment on these submissions at a later reply stage.

CNOC(Bell Canada)28Mar14-8
CNOC to disclose its response on the public record, with the exception for customer-specific rates which may remain in confidence.

Eastlink(TELUS)28Mar2014-4
Eastlink is to provide a response to the associated interrogatory on the public record.

Eastlink(TELUS)28Mar2014-5
Eastlink is to provide a response to the associated interrogatory on the public record.

CCSA(TELUS)28Mar14-2
CCSA is to respond to part (a) of this interrogatory by providing information from members that are facilities-based providers regarding the types of network infrastructure that they own or operate and the associated technologies for each.

CNOC(TELUS)28Mar14-2
CNOC is to respond to part (a) of this interrogatory by providing information from members that are facilities-based providers regarding the types of network infrastructure that they own or operate and the associated technologies for each.

CITCJTF(TELUS)28Mar14-1
Small ILECs are to respond to part (a) of this interrogatory by providing information regarding the types of network infrastructure that they respectively own or operate and the associated technologies for each.

CITCJTF(TELUS)28Mar14-4
Small ILECs are to provide a response to the associated interrogatory on the public record.