Telecom Procedural Letter addressed to Distribution list
Ottawa, 4 May 2020
Our reference: 1011-NOC2019-0057
Re: Telecom Notice of Consultation CRTC 2019-57, Review of mobile wireless services – TELUS letter of 30 April 2020 concerning the Competition Bureau’s compliance with Telecom Decision 2020-104 and other matters
Dear Madams, Sirs:
The Commission is in receipt of a letter from TELUS Communications Inc. (TELUS), dated 30 April 2020, in which it makes a number of requests related to information that was filed by the Commissioner of Competition (the Commissioner) and other parties as part of the above-referenced proceeding.
The first request, which is covered in paragraphs 1 through 8 of the letter, pertains to the Commissioner’s compliance with Telecom Decision 2020-104. TELUS argues that the Commissioner’s revised abridged further comments and associated expert report prepared by Dr. Chipty (the Chipty Report), which were filed on 14 April 2020, do not meet the requirements set out in Telecom Decision 2020-104. TELUS submits that the Commissioner has failed to provide complete disclosure of information that corresponds to a number of categories identified by the Commission in TD 2020-104.
In this regard, Commission staff notes that, in TD 2020-104, the Commission indicated that specific instructions regarding the implementation of the decision would be transmitted to the Commissioner under separate cover. These instructions were transmitted, in a letter dated 25 March 2020. The Commissioner was provided with a confidential version of its further comments and the Chipty Report specifically identifying all information to be disclosed pursuant to Telecom Decision 2020-104.Footnote1 Commission staff reviewed the Commissioner’s revised abridged report and further comments and is satisfied that these filings comply with Telecom Decision 2020-104 by disclosing all the information that the Commission directed it to disclose. As such, no further disclosure by the Competition Bureau is required at this time.
The second request, which is covered in paragraph 9 of TELUS’ letter, was made pursuant to section 29 of the Rules of Practice and Procedure and pertains to correspondence between Rogers Communications Canada Inc. (Rogers) and the Competition Bureau in the fall of 2019 that is not part of the record of this proceeding. Staff notes that this is not a request for disclosure of information filed with the Commission and designated as confidential but rather a request for production of documentation referenced in submissions.
Staff notes that the correspondences that are at issue in paragraph 9 of TELUS’ letter may contain information that is commercially sensitive to Rogers. In order to properly account for this, Rogers is to file the referenced correspondence (i.e. correspondence between Rogers and the Commissioner referenced in the Commissioner’s Further Comments and associated Chipty Report) with the Commission by no later than 11 May 2020. As part of its filing, Rogers may advance the confidentiality claims it wishes to advance (in doing so, Rogers is to identify any data or information with respect to which the Commission has already upheld a confidentiality designation). Parties will be able to request disclosure of any information over which Rogers asserts a claim of confidence by no later than 15 May 2020. Rogers may reply to any such disclosure request by no later than 20 May 2020.
In light of the process established above, the Commissioner is not to produce the correspondence requested by TELUS, as the matter of whether this information is to be disclosed and the extent of any such disclosure will be dealt with through the above established process.
To the extent that TELUS is requesting production of any additional materials not currently on the record of the proceeding, such a request is beyond the scope of the ongoing process to request disclosure of information designated as confidential. Further, to the extent that the Commissioner is not making reference to and relying on such materials, any such request would be beyond the scope of section 29 of the Rules of Practice and Procedure.
Finally, with regards to the requests captured in the other paragraphs of TELUS’ letter, the process established in staff’s 22 April 2020 letter provides for a right of reply and as such these requests will be assessed once replies have been received.
Original signed by
Distribution List: All parties to 2019-57
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