ARCHIVED - Telecom Commission Letter addressed to Baruch Herzfeld (Zeno Media)

Ottawa, 23 September 2019

Our references: 8663-J64-201806019, 8663-T66-201805722

BY EMAIL

Mr. Baruch Herzfeld
President
Zeno Media
421, 7th Avenue
New York, NY  10001, United States
bh@zenoradio.com

RE:  Iris Technologies Inc. and TELUS Communications Inc. – Applications for relief regarding the termination of traffic to certain 867 numbering plan area telephone numbers

Dear Mr Herzfeld,

On 14 August 2019, the Commission received your response^Footnote1 to a Commission staff letter dated 11 June 2019 in which Commission staff requested information from ZenoRadio. For reference, Commission staff’s letter is included as Attachment 1 and your response to that letter is included as Attachment 2.

Your submission was solely made of the abridged version of your response. Commission staff notes that your response does not comply with the Commission’s requirements regarding the designation of information as confidential. Specifically, your submission did not include detailed explanation regarding 1) why the information falls into a category that may be designated as confidential; and 2) why disclosure would not be in the public interest, including the specific direct harm that would be likely to result from the disclosure and why this would outweigh the public interest in disclosure. Further, your submission to the Commission did not include the confidential version of your response.

Commission staff also notes that your response appears to contain inaccurate information. Specifically, in responding to questions 13 and 14, you indicated that no broadcaster programming is being accessed through an 867 NPA number and that Audionow and Zenoradio do not currently use 867 NPA numbers. In this regard, Commission staff notes that calls made to several numbers listed by TELUS Communications Inc. in its application provide access to broadcasters’ programming – namely the content of radio stations or audio services – and which content seems to be made available by Audionow or Zenoradio, contrary to your submission.

In light of the above, you are requested to file a corrected version of your responses to the request for information posed to ZenoRadio by Commission staff in its 11 June 2019 letter, specifically questions 13a), 13b), 13c) and 14, by no later than 30 September 2019. Should the Commission not receive your corrected version by that date, both this letter and your 14 August 2019 response will be placed on the public record of the proceedings.

Should you wish to designate information contained in your corrected version as confidential, you must do so in accordance with the Telecommunications Act^Footnote2 and with the CRTC Rules of Practice and Procedure.^Footnote3 This requires that:

• A person wishing to designate information as confidential must provide a detailed explanation regarding:
  • why the information falls into a category that may be designated as confidential; and
  • why disclosure would not be in the public interest, including the specific direct harm that would be likely to result from the disclosure and why this would outweigh the public interest in disclosure.
• A person designating information as confidential must either file an abridged version of the document, omitting only the information designated as confidential, or provide reasons why an abridged version cannot be filed.

Please acknowledge receipt of this letter by email to Mr. Martin Brazeau of my team at martin.brazeau@crtc.gc.ca.
Any document filed with the Commission must be served on all parties. Where a document is to be filed or served by a specific date, the document must be received, not merely sent, by that date.

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Martin Brazeau, CRTC, martin.brazeau@crtc.gc.ca

Attach. (2)

Date modified:

2019-09-23