Telecom Commission Letter Addressed to the Distribution List

Ottawa, 5 September 2017

Our reference:  1011-NOC2017-0092

BY EMAIL

Distribution list

Re:  Phase-out of the local service subsidy regime, Telecom Notice of Consultation 2017-92Footnote1 – 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 in the proceeding initiated by Telecom Notice of Consultation 2017-92.

On 17 August 2017, Bell Canada,Footnote2 Canadian Network Operators Consortium Inc. (CNOC), Government of Northwest Territories, National Pensioners Federation and Public Interest Advocacy Centre (NPF-PIAC), Rogers Communications Partnership (Rogers), Saskatchewan Telecommunications (SaskTel) filed requests for disclosure of certain information for which confidentiality had been claimed or requests for further responses to requests for information.

The following companies filed responses to these requests: Bell Canada, Bragg Communications Inc. carrying on business as Eastlink (Eastlink), CNOC, Cogeco Cable Inc., Independent Telecommunications Providers Association (representing 23 small incumbent local exchange carriers), Northwestel Inc., Quebecor Media Inc., Rogers, SaskTel, and TELUS Communications Company.

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

With respect to the requests to disclose aggregated information on a company-wide or national all-carrier basis, the use of this information would not be significantly relevant to the policy issues under consideration in this proceeding as they would be applied on an exchange by exchange basis. In addition, the companies used various methodologies in compiling the data in question. The use of the aggregated information would result in inaccurate estimated potential impacts and would likely lead to erroneous conclusions. Accordingly, it is not appropriate to disclose the requested information on the public record of the proceeding.

With respect to all other remaining requests, having regard to the considerations set out above and the responses to the requests for information provided by the other parties, no further disclosure or provision of information is required.

Sincerely,

Original signed by

Julie Cook forJohn Macri
Director, Policy Framework
Telecommunications Sector

c.c.:  Julie Cook, CRTC, (819) 743-4591, julie.cook@crtc.gc.ca
Christine Brock, CRTC, (819) 997-4557, christine.brock@crtc.gc.ca


Distribution List

9315-1884 Québec, richard.biron@sogetel.com
Bell Canada, bell.regulatory@bell.ca
Brooke Telecom Co-operative Ltd., geoff@brooketel.ca
Bruce Telecom, bart.cameron@brucetelecom.com
Canadian Network Operators Consortium Inc., regulatory@cnoc.ca
CityWest Telephone Corporation, Donovan.Dias@cwct.ca
Cochrane Telecom Services of the Town of Cochrane, smitch@cochranetel.ca
Cogeco Cable Inc., michel.messier@cogeco.com
CoopTel, coop de télécommunication, mrocheleau@cooptel.coop
Eastlink, Regulatory.Matters@corp.eastlink.ca
Execulink Telecom Inc., ian.stevens@execulink.com
Gosfield North Communication Co-operative Limited, rob.petruk@gosfieldtel.ca
Government of the Northwest Territories, linda_maljan@gov.nt.ca
Groupe Maskatel LP,jgrenier@maskatel.qc.ca
Hay Communications Co-operative Limited, a.lawrence@hay.net
Huron Telecommunications Co-Operative Limited, grubb@hurontel.on.ca
Independent Telecommunications Providers Association, jonathan.holmes@itpa.ca
Lansdowne Rural Telephone Company Ltd., wagrier@1000island.net
Mornington Communications Co-operative Limited, knaylor@mornington.ca
Nexicom Telecommunications, a Division of Nexicom Inc., pdowns@nexicomgroup.net
Nexicom Telephones, a Division of Nexicom Inc., pdowns@nexicomgroup.net
North Frontenac Telephone Corporation Ltd, davesmith@frontenac.net
North Renfrew Telephone Company Limited Trade, moverton@nrtco.net
Northwestel Inc., regulatoryaffairs@nwtel.ca
NPF-PIAC, alau@piac.ca
Quadro Communications Co-operative Inc., john.deheer@quadro.net
Québecor Média Inc., dennis.beland@quebecor.com
Rogers Communications Partnerships, rwi_gr@rci.rogers.com
Roxborough Telephone Company Limited, roxboro@ontarioeast.net
Saskatchewan Telecommunications, Document.control@sasktel.com
Sogetel inc., richard.biron@sogetel.com
TELUS Communications Company, regulatory.affairs@telus.com
Tuckersmith Communications Co-operative Limited, rob@tccmail.ca
Wightman Telecom Ltd., rfigliuzzi@wightman.ca
WTC Communications, steve@wtccommunications.ca

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