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ARCHIVED - Telecom Commission Letter Addressed to Distribution List

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Ottawa, 29 August 2016

Our references: 8740-T66-201513028, 8740-R28-201513010, 8740-B38-201507849, 8740-B38-201600023

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RE:  Telecom Regulatory Policy CRTC 2015-177 – Regulatory framework for wholesale mobile wireless services - Follow-up process to finalize GSM-based wholesale roaming services proposed tariffs for the National Wireless Carriers - Requests for disclosure of information designated as confidential and for further responses to requests for information with respect to Terms and Conditions -  Further process

Dear Madam, Sir:

This letter: (1) addresses requests for disclosure of information designated as confidential and for further responses related to the terms and conditions, but not rates, with respect to the tariffs proposed by the National Wireless Carriers, and (2) sets out further process with regard to the terms and conditions.

On 12 August 2016, Bell Mobility Inc. (Bell Mobility), Canadian Network Operators Consortium Inc. (CNOC), Globablive Wireless Management Corp., carrying on business as WIND Mobile (Wind), and Québecor Média Inc., on behalf of Vidéotron G.P. (Québecor) filed submissions requesting disclosure for which confidentiality had been claimed and further responses with respect to the responses of certain parties to requests for information related to terms and conditions of the tariffs posed to them by the Commission and other parties on 17 June 2016.

On 19 August 2016, the following companies responded to the above requests: Ice Wireless Inc., Rogers Communications (Rogers), TELUS Communications Company (TCC), and Bell Mobility.

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 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 interrogatories, 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 an interrogatory answer is responsive to the interrogatory 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 interrogatory.

Having regard to the considerations set out above, unless otherwise expressly indicated, parties are to file with the Commission all information as set out in Attachment 1 by 6 September 2016.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. 

By 16 September 2016, all parties may file final comments, limited to addressing new information concerning terms and conditions arising from the responses to requests for information posed on 17 June 2016.

Requests for disclosure of information designated as confidential and for further responses related to proposed tariff rates will be addressed in a separate letter at a later date.

Parties are asked to serve all other parties with any documents filed in this proceeding, and to send an electronic copy directly to the following Commission staff:

Lyne Renaud, lyne.renaud@crtc.gc.ca
William Lloyd, william.lloyd@crtc.gc.ca
Kim Wardle, kim.wardle@crtc.gc.ca

Yours sincerely,

Original signed by

Sheehan Carter
Acting Director
Competition and Emergency Services Policy
Telecommunications sector

cc:  Kim Wardle, CRTC, (819) 997-4945, kim.wardle@crtc.gc.ca

Attach (1)

Distribution List

ATTACHMENT

FURTHER RESPONSES TO INTERROGATORIES

Ice Wireless(Bell Mobility)17June16-1a)i) and ii)
Ice Wireless(Bell Mobility)17June16-2
Ice Wireless is to (1) file with the Commission a copy of roaming agreement(s) with service provider(s) that roam on its network in confidence with the Commission and (2) if applicable,  to provide a general description for the public record, as to how the company operationalizes any restriction on excessive or permanent roaming.

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