ARCHIVED - Telecom Commission Letter Addressed to Philippe Gauvin (Bell Canada)

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Ottawa, 22 December 2016

Our reference: 8662-B2-201612391


Mr. Philippe Gauvin
Senior Legal Counsel
Bell Canada
160 Elgin Street, 19th Floor
Ottawa, Ontario K2P 2C4

Re: Part 1 Application to Review and Vary and Stay Certain Determinations in Telecom Decision CRTC 2016-379, Follow-up to Telecom Regulatory Policy CRTC 2015-326 – Implementation of a disaggregated wholesale high-speed access service, including over FTTP access facilities – Requests for disclosure of information designated as confidential

 Dear Sir:

This letter addresses requests for disclosure of information designated as confidential in Bell Canada’s Part 1 application to review and vary and stay certain determinations in Telecom Decision 2016-379, filed with the Commission on 2 December, 2016 (the Application).

On 5 December 2016, Canadian Network Operators Consortium Inc. (CNOC) filed requests for disclosure of certain information designated as confidential in the Application. Vaxination Informatique on 6 December 2016 and the Public Interest Advocacy Centre (PIAC) on 7 December 2016, supported CNOC’s request for disclosure of information in their comments filed with the Commission regarding the Application.

On 9 December 2016, Bell Canada filed its response to the disclosure requests along with a revised version of the Application that addressed some of the requests for disclosure of information submitted by CNOC.

On 13 December 2016, CNOC filed a letter requesting that the Commission rule on CNOC’s specific requests for disclosure of information that Bell Canada had decided not to disclose in the revised version of the Application.


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.


Commission staff has reviewed the remaining requests for disclosure from CNOC and considers that no further public disclosure of information is required from Bell Canada.


Original signed by

 Lyne Renaud
Director, Competitor Services & Costing Implementation
Telecommunications sector

c. c.: Marc Pilon, CRTC, 819-997-4535,
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