Telecom and Broadcasting Commission Letter Addressed to Distribution List

Ottawa, 19 October 2018

Our references:  1011-NOC2018-0246

BY EMAIL

Distribution List

Re: Report regarding the retail sales practices of Canada’s large telecommunications carriers, Telecom and Broadcasting Notice of Consultation CRTC 2018-246, 16 July 2018 – Requests for disclosure

This letter addresses requests for disclosure of information designated as confidential made in the above-noted proceeding.

On 16 July 2018, the Commission published Telecom and Broadcasting Notice of Consultation CRTC 2018-246  (the Notice) to seek information that will help it produce the report on aggressive or misleading sales practices as required in Order in Council P.C. 2018-0685 (the OIC). On the same day, the Commission issued requests for information to 12 large telecommunications carriers directing them to respond to these by no later than 23 August 2018.

On 14 September 2018, the Public Interest Advocacy Centre, the Association of Community Organizations for Reform Now Canada, National Pensioners Federation and CARP, collectively the Fair Communications Sales Coalition (FCSC) filed a procedural request containing 44 disclosure requests relating to the responses to requests for information by Bell Canada (Bell), Cogeco Connexion Inc. (Cogeco), Rogers Communications Canada Inc. (Rogers), TekSavvy Solutions Inc. (TekSavvy), and TELUS Communications Inc. (TELUS).

On 24 and 25 September 2018, Bell, Rogers, TekSavvy, and TELUS responded to these requests. As part of their responses, Bell and TekSavvy made significant additional disclosures of information initially filed confidentially while maintaining their claims for confidentiality on other documents.

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 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. The factors to be considered are set out 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.

The Commission has reviewed the requests filed by FCSC, as well as reply comments. It determined that disclosure of certain information, as specified in the Attachment to this letter, is appropriate and in the public interest. Bell, Rogers and TELUS have not established the likelihood of specific and direct harm that would outweigh the public interest in the disclosure of the designated information.

Parties are to file with the Commission all information to be provided pursuant to this letter as set out in the Attachment to this letter, by 1 November 2018.

The Commission notes that all parties may address this information in their final written replies.

Yours sincerely,

Original signed by

Claude Doucet
Secretary General

cc: Distribution list
John Lawford, Counsel, FCSC

Bell Canada
Bragg Communications Incorporated, carrying on business as Eastlink
Cogeco Connexion Inc.
Northwestel Inc.
Rogers Communications Canada Inc.
Saskatchewan Telecommunications
Shaw Communications Inc.
TBayTel
TekSavvy Solutions Inc.
TELUS Communications Inc.
Videotron Ltd.
Xplornet Communications Inc.

Attachment 1: Disclosure of information designated as confidential

Bell

  1. Bell et al(CRTC)16Aug18-18: The specific disclosure request is denied, however, Bell is to provide:
    1. a summary of the reasons for each of the employee complaints referenced in the tables in Bell’s response.
  2. Bell et al(CRTC)16Aug18-21: Bell is to disclose:
    1. the information in the final paragraph of its response.
  3. Bell et al(CRTC)16Aug18-28: Bell is to disclose:
    1. the information in the first paragraph on page 4 of its response.
  4. Bell et al(CRTC)16Aug18-29: Bell is to disclose:
    1. the titles of the Attachments and Appendices listed in the table on pages 1 to 6 except for the proprietary names;
    2. Attachment 12; and
    3. Bell is to review all other Attachments and Appendices filed in confidence and disclose (either partially or fully) any other documents or parts of documents to the extent that Bell has already made it publicly available.

Rogers

  1. Rogers(CRTC)16Aug18-11: Rogers is to disclose:
    1. Schedule 11 C with any personal information redacted.
  2. Rogers(CRTC)16Aug18-13: The specific disclosure request is denied, however, Rogers is to provide:
    1. a summary of the type of complaints outlined in those attachments.
  3. Rogers(CRTC)16Aug18-15: The specific disclosure request is denied, however, Rogers is to provide:
    1. a summary of the type of complaints outlined in Schedule 15A.
  4. Rogers(CRTC)16Aug18-18: The specific disclosure request is denied, however, Rogers is to provide:
    1. a summary of Schedules 18 A and B.
  5. Rogers(CRTC)16Aug18-21: The specific disclosure request is denied, however, Rogers is to provide:
    1. a summary of Schedule 21 A.

TELUS

  1. TELUS (CRTC)16Jul18-9: TELUS is to disclose:
    1. the redacted text on page 2, excluding any numerical information;
    2. the redacted text on page 3 except for time periods; and,
    3. the redacted text in the third paragraph on page 4.
  2. TELUS (CRTC)16Jul18-13: The specific disclosure request is denied, however, TELUS is to provide:
    1. a summary of the complaints outlined in those attachments.
  3. TELUS (CRTC)16Jul18-18: The specific disclosure request is denied, however, TELUS is to provide:
    1. a summary of the complaints outlined in those attachments.
  4. TELUS (CRTC)16Jul18-21: The specific disclosure request is denied, however, TELUS is to provide:
    1. a summary of the complaints outlined in those attachments; and
    2. The sentences of the first paragraph of page 2 following the mention of Service Alberta.
  5. TELUS (CRTC)16Jul18-23: TELUS is to disclose:
    1. the redacted text from the last line on page 1 to the end of the same paragraph on page 2;
    2. the redacted text in the second paragraph on the CSS and third-party vendors on page 2; and,
    3. the redacted text in the last paragraph on page 2 as well as the first word of the first paragraph on 3.
  6. TELUS (CRTC)16Jul18-24: TELUS is to disclose:
    1. the full text of this response as well as Attachments 1 and 2.
  7. TELUS (CRTC)16Jul18-25: TELUS is to disclose:
    1. the redacted text in the first paragraph of page 4 except for numerical values;
    2. the redacted text about TELUS’ integrity training course at g) a. to c. on page 6;
    3. the redacted text  of the last paragraph of page 7 except for the specific frequency and numerical values;
    4. the redacted text and table of the first two paragraphs on page 8 except for numeric values; and,
    5. the redacted text about compliance audits for retail location on page 9, except for the specific frequency.
  8. TELUS (CRTC)16Jul18-28: TELUS is to disclose:
    1. on page 1, information contained in the first 2 sentences of the 4th paragraph, except for program names that are specific to TELUS;
    2. on page 2, in the “TELUS Corporate in-store agents’ section: non-numerical information in the bulleted list;
    3. on page 3, non-TELUS specific information about the compensation models used by dealers and what commissions are typically comprised of;
    4. under Door-to-door agent on page 3, all non-numerical information contained from the beginning to “or up to 30 days after the installation”; and
    5. on pages 5 to 7, all instances of non-numerical information presented in the bulleted lists as well as the introductory sentence to those bulleted lists.
Date modified: