Telecom - Commission letter addressed to the various parties interested in the Part 1 Application requesting an Order directing Bragg Communications Inc. o/a Eastlink to move its TPIA POI from Pennant Point to the core of Halifax

Ottawa, 4 May 2021

Our reference: 8621-C17-202002856

BY EMAIL

Distribution List

RE:  Part 1 Application requesting an Order directing Bragg Communications Inc. o/a Eastlink to move its TPIA POI from Pennant Point to the core of Halifax - Disclosure of information Request

To All:

This letter addresses requests by City Wide Communications Inc. (City Wide) and Bragg Communications Inc., carrying on business as Eastlink (Eastlink), for disclosure of information filed in confidence as part of responses to Commission requests for information.

The Commission received a letter from City Wide, dated 30 November 2020, in which the company submitted a request for the disclosure of information that was filed in confidence by Eastlink. The Commission also received a letter, dated 30 November 2020 from Eastlink requesting the disclosure of certain information from City Wide.

Commission staff notes that 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 as 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. In making this evaluation, a number of factors are taken into consideration, including the degree of competition and the importance of disclosure of the information for the purpose of obtaining a fuller 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 request filed by City Wide as well as Eastlink and considers that disclosure of certain  information originally designated as confidential by Eastlink is appropriate and in the public interest. Commission staff is further of the view that, having regard to the considerations outlined above, City Wide should not be required to disclose the designated information requested by Eastlink.

Accordingly, Commission staff requests that Eastlink disclose the information specified in the appendix to this letter by filing with the Commission and serving on all other parties a revised abridged version intended to be placed on the public record by 12 May 2021.

Any party may submit comments on the disclosed information by 19 May 2021, serving a copy on Eastlink. Eastlink may reply to any such comments by no later than 26 May 2021

Sincerely,

Original signed by

 

Chris Noonan
Director, Competitor Services & Costing Implementation
Telecommunication sector

c.c.: Marc Pilon, marc.pilon@crtc.gc.ca

 

Attach. (1)

Distribution List:

David Pothier , david@yourcitywide.com
Marielle Wilson, regulatory.matters@corp.eastlink.ca
Howard Slawner, regulatory@rci.rogers.com
Jeff Brownlee, regulatory@cnoc.ca
Andy Kaplan-Myrth, regulatory@teksavvy.ca

DISCLOSURE OF INFORMATION DESIGNATED AS CONFIDENTIAL

EASTLINK

  1. Bragg(CRTC)11Sep20-1: Disclose the names of the service providers referenced in paragraph 2 of the response.
  2. Bragg(CRTC)11Sep20-2: Disclose all.
  3. Bragg(CRTC)11Sep20-5: Disclose the following:
    1. Bragg (CRTC) 11Sep20-5 b): The entire response except the number of retail customers and the identity of the referenced locations.
    2. Bragg(CRTC)11Sep20-5c) d):
      1. Paragraph one: Disclose all except the identity of the referenced locations.
      2. Paragraph two: Disclose all except the designated words immediately preceding the word ‘project’, as well as the identity of the locations referenced which were submitted as confidential on the third and fourth lines.
  4. Bragg(CRTC)11Sep20-6: Disclose Bragg(CRTC)11Sep20-6b) and Bragg(CRTC)11Sep20-6c)  (except for the last sentence).
  5.  Bragg(CRTC)11Sep20-7: Disclose the following:
    1. Disclose the first paragraph.
    2. Disclose the second paragraph up to the second comma on the fourth line.
  6. Bragg (CRTC) 11Sep20-8: Disclose paragraph two except the identity of the referenced existing facility.
  7. Bragg(CRTC)11Sep20-10: Disclose the first paragraph only.
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