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ARCHIVED - Telecom Procedural Letter Addressed to Distribution List

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Ottawa, 22 October 2015

Our reference:  8663-C12-201503186

BY EMAIL

Distribution List

Re:  Review of basic telecommunications services, Telecom Notice of Consultation 2015-134Footnote 1 – Requests for disclosure of information designated as confidential and for further responses to requests for information

Dear Madam, Sir:

This letter addresses requests for disclosure of information designated as confidential and for further responses related to requests for information made by the Commission or other parties on 14 August 2015 in the proceeding initiated by Telecom Notice of Consultation 2015-134.

On 30 September 2015, the Affordable Access Coalition (AAC),Footnote 2 Bell Canada, Canadian Network Operators Consortium Inc. (CNOC), Cree Nation Governement/Eeyou Communications Network (Cree Nation/ECN), First Mile Connectivity Consortium (FMCC), Government of Northwest Territories (GNWT), Manitoba Keewatinowi Okimakinak Inc. (MKO), Rogers Communications Partnership (Rogers), and TELUS Communications Company (TCC), filed requests for disclosure of certain information for which confidentiality had been claimed and/or requests for further responses to requests for information.

The following companies filed responses to these requests: the AAC; Bell Canada; Bragg Communications Inc., carrying on business as Eastlink (Eastlink); the British Columbia Broadband Association (BCBA); the Canadian Independent Telephone Company Joint Task Force (JTF); Canadian Media Concentration Research Project - Dwayne Winseck (CMCRP); Cogeco Cable Inc. (Cogeco); Ben Klass and Marc Nanni (jointly); MTS Inc. (MTS) and Allstream Inc. (Allstream) (collectively MTS Allstream); Rogers; Catherine Middleton; Fenwick McKelvey; Dr. Dinesh Rathi and Michael McNally (collectively McNally et al.); Québecor Media (Quebecor); Saskatchewan Telecommunications (SaskTel); Tamara Shepherd; Shaw Cablesystems G.P. (Shaw); SSi Group of Companies (SSi); TCC; and Xplornet Communications Inc. (Xplornet).

Assessment of the 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 first made as to whether the information falls into a category of information that can be designated as 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 disclosure 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.

With respect to requests for further responses to requests for information, 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 a response to a request for information is responsive to the request for information 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 request for information.

Conclusions

Additional or new information

Some parties, in their requests for further responses to requests for information, have requested additional or new information that is different than the information sought in their original requests for information. Such requests are beyond the purpose of this stage of the procedure, which is to request further responses to questions that were not adequately answered. Pursuant to the procedure set out in Telecom Notice of Consultation 2015-134, parties may pose new or additional requests for information by 2 November 2015. The requesting party must file its requests for information with the Commission, and serve the requests on the party to whom they are addressed.

Filing of information

Having regard to the considerations set out above, unless otherwise expressly indicated, the parties identified in the attachment are to file with the Commission, if applicable and if not already done so, all information to be provided pursuant to this letter as set out in Attachment 1 by 26 October 2015.

Parties are reminded that, if a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

Yours sincerely,

Original signed by

John Macri
Director
Policy Framework
Telecommunications Sector

c.c.:  Christine Bailey, CRTC, (819) 997-4557, christine.bailey@crtc.gc.ca

Distribution List

attach (1)

Attachment 1
Page 1 of 2

Further responses to requests for information

Bell et al.(CNOC)14Aug15-1Footnote 3
MTS Allstream(CNOC)14Aug15-1

Bell et al. and MTS Allstream are to provide full responses, in confidence, to parts (b) through (e) of the requests for information. The responses are to be based on the number of network access services (NAS) in each band.

Bragg(CNOC)14Aug15-3
Quebecor(CNOC)14Aug15-3

Eastlink and Quebecor are to provide responses at a similar level of detail as those provided by Bell et al. or TCC in their responses to requests for information Bell et al.(CNOC)14Aug15-6 or TELUS(CNOC)14Aug15-3 respectively.

Rogers(CNOC)14Aug15-3

Rogers is to provide a higher resolution map of its wireline service areas so that its serving areas can be clearly identified. If appropriate maps are not available, Rogers is to provide a written description of service areas, including latitudes and longitudes of the serving areas, similar to the response to request for information TELUS(CNOC)14Aug15-3.

Bell et al.(Cree)13Aug15-2.3

Bell et al. is to file a response to the request for information, specifically identifying whether Internet service is available via cellular in every community where there is cellular service and, if so, the aspirational speed for cellular service and the actual average speed.

Layton(TELUS)14Aug15-1
Layton(TELUS)14Aug15-2
Layton(TELUS)14Aug15-3

Ms. Roslyn Layton is to provide responses to the requests for information.

Axia(TELUS)14Aug15-1

Axia is to provide a response to the request for information.

Attachment 1
Page 2 of 2

Disclosure of information designated as confidential

Bell et al.(CRTC)14Aug15-17
MTS Allstream(CRTC)14Aug15-14
Bragg(CRTC)14Aug15-11
TELUS(CRTC)14Aug15-14
JTF(CRTC)14Aug15-13Footnote 4

Bell et al., Eastlink, MTS Allstream and TCC are to provide responses to the requests for information on the public record.

The JTF is to file a response to the request for information, aggregated across all JTF member companies, on the public record.

Bragg(CRTC)14Aug15-4
Cogeco(CRTC)14Aug15-2
JTF(CRTC)14Aug15-5
MTS Allstream(CRTC)14Aug15-5
SaskTel(CRTC)14Aug15-5
TELUS(CRTC)14Aug15-5

Eastlink, Cogeco, MTS, SaskTel and TCC are to provide the aggregated percentage of customers (i.e. residential and business combined) who subscribe to an alternative long distance provider on the public record.

The JTF is to provide the percentage of customers (i.e. residential and business combined) who subscribe to an alternative long distance provider, aggregated across all JTF member companies, on the public record.

Bell et al.(CNOC)14Aug15-1
MTS Allstream(CNOC)14Aug15-1
TELUS(CNOC)14Aug15-1
JTF(CNOC)14Aug15-1

Bell et al., MTS Allstream and TCC are to provide responses to parts (b) through (e) based on the number of NAS, aggregated across bands E, F, G, and H, on the public record.

The JTF is to provide a response to parts (b) through (e) based on the number of NAS, aggregated across all bands and across JTF member companies, on the public record.

Xplornet(AAC)14Aug15-8(b)

Xplornet is to provide a response to the request for information on the public record.

Footnotes

Footnote 1

Review of basic telecommunications services, Telecom Notice of Consultation CRTC 2015-134, 9 April 2015, as amended by Telecom Notice of Consultation 2015-134-1, 3 June 2015.

Return to footnote 1

Footnote 2

The Affordable Access Coalition includes: The Association of Community Organizations for Reform Now, Canada (ACORN Canada); the Consumers’ Association of Canada (CAC); the Council of Senior Citizens Organizations of British Columbia (COSCO); the National Pensioners Federation (NPF); and the Public Interest Advocacy Centre (PIAC).

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Footnote 3

Bell Canada, on its own behalf, and on behalf of its affiliates Bell Aliant Regional Communications, Limited Partnership (which effective 1 July 2015 was wound-up into Bell Canada, and is now operated as a division of Bell Canada), Bell Mobility Inc., Câblevision du Nord du Québec inc. (CVQ), DMTS, KMTS, NorthernTel, Limited Partnership, Northwestel Inc., Ontera and Télébec, Société en commandite.

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Footnote 4

Requests for information were posed to the individual JTF member companies. Responses specific to each member company were provided by the JTF, as applicable.

Return to footnote 4

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