Telecom Commission Letter adressed to the Distribution List
Ottawa, 18 June 2019
Our reference: 1011-NOC2019-0057
RE: Telecom Notice of Consultation CRTC 2019-57, Review of mobile wireless services – process letter for requests for public disclosure of information designated as confidential in parties’ 19 June 2019 RFIs
Dear Madams, Sirs:
Pursuant to its letter dated 24 May 2019, the Commission has instructed parties to file responses to a series of requests for information (RFIs) no later than 19 June 2019.
The purpose of this letter is to set out the process and associated dates for parties to make requests for public disclosure, under section 39(4)(a) of the Telecommunications Act (the Act), of information that has been designated as confidential in the responses to these RFIs.
Requests for public disclosure of information that has been designated as confidential must be filed with the Commission and served on the relevant party or parties by 10 July 2019.
Responses to these requests must be filed with the Commission and served on the party or parties making the request by 22 July 2019.
Requests for disclosure of information designated as confidential are addressed in light of sections 38 and 39 of the Act as well as sections 30 – 34 of the CRTC Rules of Practice and 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 disclosure of particular information is in the public interest; regard is generally had to whether the disclosure would result in specific direct harm and whether that harm outweighs the public interest in disclosure. Harm may be more likely to outweigh the public interest where the information is more disaggregated or where the degree of competition is greater. Conversely, the public interest may be more likely to outweigh any harm where the information is more important to the ability of the Commission to obtain a full and complete record on which to make its decision.
Further information regarding the general procedures and the factors considered may be found 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.
Parties should take note that this disclosure process is separate from the process associated with the disclosure request made by the Commissioner of Competition under section 39(4)(b) of the Act and described in the Commission’s letter of 24 May 2019.
Determinations regarding both types of disclosure request will be issued at a later date.
Original signed by
Distribution List: All parties to 2019-57
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