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ARCHIVED - Telecom Procedural Letter Addressed to Distribution List

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Ottawa, 8 December 2015

Our reference: 8740-E17-201511064

BY E-MAIL

To Distribution List

Re:  Eastlink TelephoneFootnote 1 – Tariff Notice 35 – Request for Disclosure from Canadian Network Operators Consortium Inc. – request for disclosure of information filed in confidence.

Dear Madam, Sir:

On 5 November 2015, Canadian Network Operators Consortium Inc. (CNOC) filed a request for disclosure of information designated as confidential in Eastlink’s Tariff Notice 35. On 9 November 2015, Eastlink replied to CNOC’s request for disclosure.

Commission staff considers that the information in question should be disclosed on the public record of this tariff notice.

Disclosure

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 to 34 of the CRTC Rules of Practice and Procedure (the Rules), as applicable. 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. If this criterion is met, the next step in the assessment is to determine 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 to the ability of the Commission to obtain a full and complete 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.

Commission staff has reviewed the relevant submissions of the parties, including CNOC’s request for disclosure and Eastlink’s reply to CNOC’s request.  In Commission staff’s view, Eastlink has not established that specific direct harm would result from disclosure of the information and further, disclosure will greatly assist the Commission in obtaining a full and complete record on which to make its decision.

Accordingly, Eastlink is to disclose the information designated as confidential at paragraph 5 of its 2 November 2015 submission, that being the name of the area of Halifax where the Point of Interconnection will be located. The information to be disclosed is to be filed with the Commission and served on all parties, by 10 December 2015.

The above material must be received, not merely sent, by this date. Copies of the documents should also be sent to marc.pilon@crtc.gc.ca.

Sincerely,

Original signed by

Lyne Renaud
Director, Competitive Services & Costing Implementation
Telecommunications sector

c.c: Marc Pilon, CRTC, 819-997-4535, marc.pilon@crtc.gc.ca

Distribution List

Footnotes

Footnote 1

Both Persona Communications Inc. and Bragg Communications Inc., operate as Eastlink

Return to footnote 1

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