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ARCHIVED - Telecom Procedural Letter Addressed to Distribution List

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Ottawa, 15 January 2016

Our reference: 8638-C12-201509663

BY EMAIL

Distribution List

Re: Responses to Commission requests for information in Telecom Regulatory Policy CRTC 2015-326 (“TRP 2015-326”) follow-up proceeding to consider implementation issues of disaggregated wholesale high-speed access (“HSA”) services, including FTTP access facilities – request for disclosure of information filed in confidence and further responses to requests for information

Dear Madams, Sirs:

This letter addresses requests for disclosure of information designated as confidential and requests for further responses to requests for information made in the follow-up proceeding noted above, originally initiated by Telecom Regulatory Policy CRTC 2015-326, Review of wholesale wireline services and associated policies.

On 11 December 2015, Canadian Network Operators Consortium Inc. (CNOC) filed requests for disclosure of information designated as confidential and for further responses to requests for information (RFI).

On 18 December 2015, Bell Canada, Cogeco Cable Inc. (Cogeco), Rogers Communications Partnership (Rogers) and Québecor Média inc. on behalf of its affiliate Vidéotron (Vidéotron) filed with the Commission their responses to the requests for disclosure and for further responses.

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 and following of the CRTC Rules of Practice and Procedure (the Rules). 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. 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.

Further responses

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.

Conclusions

Commission staff has reviewed the requests for disclosure and further responses from CNOC along with the responses from Bell Canada, Cogeco, Rogers, and Vidéotron and has determined that additional public disclosure of information filed in confidence is required from Cogeco and Rogers (see Attachment 2 for the list of the associated RFIs). The information to be disclosed by the parties as set out in Attachment 2 is to be filed with the Commission and served on all parties, by 18 January 2016.

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

Attach. (2)

ATTACHMENT 1/2

Distribution List

ATTACHMENT 2/2

Disclosure of information

1) Cogeco(CRTC)6Nov15-2(a): Cogeco is to put on the public record a revised abridged response to include the paragraph on the security concern.

2) Rogers(CRTC)6Nov-15-5(a): Rogers is to put on the public record a revised attachment with the disclosure of the brand name of the equipment provided in the list.

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