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ARCHIVED - Telecom Procedural Letter Addressed to Distribution List

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Ottawa, 13 January 2016

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 2 November 2015 in the proceeding initiated by Telecom Notice of Consultation 2015-134.

On 10 December 2015, the Affordable Access Coalition,Footnote 2 Bell Canada, the Canadian Independent Telephone Company Joint Task Force, First Mile Connectivity Consortium, OpenMedia, 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: Bell Canada, Canadian Media Concentration Research Project - Dwayne Winseck (CMCRP), Cogeco Cable Inc., Ontario Ministry of Economic Development, Employment and Infrastructure, Rogers Partnership; Roslyn Layton, Québecor Media, Shaw Cablesystems G.P., SSi Group of Companies, and TCC.

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

Having regard to the considerations set out above, CMCRP is to file with the Commission, serving a copy on TCC, if not already done so, responses to the following requests for information by 18 January 2016:

CMCRP is 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

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 and Telecom Notice of Consultation 2015-134-2, 22 December 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).

Return to footnote 2

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