ARCHIVED - Telecom Commission Letter
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Abridged
Ottawa, 21 November 2014
File number: 8695-B54-201410902
BY EMAIL
To: #
Dear #
Re: Part 1 Application regarding imbalance payments to Fibernetics Corporation for the termination of traffic
On 21 October 2014, Bell Aliant Regional Communications Inc. and Bell Canada (collectively, the Bell companies) filed a Part I application seeking relief with respect to the Commission’s local imbalance compensation regime and named Fibernetics Corporation (Fibernetics) as the respondent. In their application, the Bell companies also identified in confidence a third party, # that the Bell companies alleged transferred the traffic at issue to the Bell companies.
By letter dated 7 November 2014, Fibernetics requested that the Commission order the Bell companies to file with the Commission and disclose to Fibernetics all of the underlying data, assumptions, methodology and call details on which the claims made in the application were based and identify the third party.
By letter dated 17 November 2014, the Bell companies stated that they did not object to disclosing the relevant information but submitted that they were prevented from doing so pursuant to their confidentiality agreements with Fibernetics. As a result, the Bell companies requested the Commission direct the Bell companies to disclose the confidential information to Fibernetics.
Under subsection 39(4) of the Telecommunications Act, where information is designated as confidential and is submitted in the course of a proceeding before the Commission, the Commission may disclose or require its disclosure where it determines that, after considering any representations from interested persons, the disclosure is in the public interest.
In Commission staff’s opinion, # is an interested party in the circumstances of this case. Accordingly, # may file by
26 November 2014, in confidence, comments with the Commission, on the Bell companies’ willingness to disclose the confidential information to Fibernetics, serving a copy on the Bell companies. # may also provide an abridged version of its representations, as it is expected that an abridged version of these representations will be placed on the public record of this proceeding.
Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.
Note that the public record of this proceeding is available on the Commission’s website at www.crtc.gc.ca (click here) or by using the file number provided above.
Yours sincerely,
Original signed
Mario Bertrand
Director, Dispute Resolution
# Filed in confidence with the CRTC
cc: Jesslyn Mullaney, CRTC, jesslyn.mullaney@crtc.gc.ca
Suzanne Morin, Bell Aliant, regulatory@bell.aliant.ca
Philippe Gauvin, Bell Canada.regulatory@bell.ca
Rick Scheihauf, Fibernetics, regulatory@fibernetics.ca
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