Telecom Commission Letter addressed to Distribution List

Ottawa, 28 September 2020

Our reference: 1011-NOC2020-0187


Distribution List

Re:  Responses to Commission requests for information in Telecom Notice of Consultation CRTC 2020-187 (“NoC 2020-187”) - Call for comments – Appropriate network configuration for disaggregated wholesale high-speed access services – ruling on requests for disclosure of information filed in confidence and  information to be placed on the public record

Dear Madams, Sirs:

This letter addresses requests for disclosure of information that were submitted as part of the above noted proceeding and designated as confidential. In the Appendix to NoC 2020-187, information was requested from Bell Aliant, a division of Bell Canada (Bell Aliant); Bell Canada; Bell MTS Inc. (Bell MTS); Bragg Communications Incorporated, carrying on business as Eastlink; Cogeco Communications Inc.; Quebecor Media Inc.; on behalf of Videotron Ltd.; Rogers Communications Canada Inc.; Saskatchewan Telecommunications; Shaw Cablesystems G.P.; and TELUS Communications Inc. (TCI) (collectively, the wholesale service providers). All the wholesale service providers filed the requested information with the Commission.

On 14 August 2020, the Competitive Network Operators of Canada (CNOC) filed requests for disclosure of information designated as confidential. On 24 August 2020, TekSavvy Solutions Inc. (TekSavvy) filed a letter with the Commission supporting CNOC’s request and further requested that the Commission grant TekSavvy the same access to the filed confidential information, under the same terms as requested by CNOC.

On 24 and 26 August 2020, the wholesale service providers responded to these requests for disclosure.


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). 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. The next step in the assessment is to determine 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 the information to the ability of the Commission to obtain a full and complete 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.

Commission staff has reviewed the requests for disclosure filed by CNOC and TekSavvy, along with the responses submitted by the wholesale service providers, and considers that additional disclosure is necessary in order for parties to be able to participate meaningfully in the proceeding and for the Commission to obtain a fulsome record. In instances where disclosure is required, Commission staff is of the view that the public interest weighed in favour of disclosure.

Based on its review of the requests and responses, as well as through assessing the specific direct harm likely to result from the disclosure of the information and whether such harm outweighs the public interest in disclosure, Commission staff considers that the parties listed in Attachment 2 are to disclose and file the specified information on the public record by 2 October 2020.


Original signed by

Chris Noonan
Director, Competitive Services & Costing Implementation
Telecommunications sector
c. c.: Tom Vilmansen, CRTC 819-997-9253

Attach. (2): Distribution List (1)
Disclosure of information (2)

Distribution List;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;

Disclosure of information

  1. TELUS(CRTC)11Jun20-2 Attachment 1

Disclose the following:

  1. Rogers(CRTC)11Jun20-2

Disclose the following:           

  1. Shaw - Attachment 5

Disclose the following:           

  1. Québecor Média(CRTC)11juin2020-2 ACT 2020-187 Annexe

Divulguer ce qui suit:

  1. 11 June 2020 - Bragg - Attachment 2 - Question 2

Disclose the following: 

Date modified: