Telecom - Commission Letter addressed to Distribution list

Ottawa, 20 December 2022

Our reference: 8000-C12-201909780

BY EMAIL

Distribution list

Subject: Information regarding major telecommunications service disruptions resulting from hurricane Fiona – request for disclosure of information designated as confidential

On 28 September 2022, Commission staff requested information from Bell Canada, Bragg Communications Incorporated (Eastlink), Rogers Communications Canada Inc. (RCCI), and TELUS Communications Inc. to better understand the status and impact of any outages of telecommunications services due to hurricane Fiona. Responses to these requests for information were filed on 7 October 2022.

On 18 October 2022, the Commission received a request from Vaxination Informatique (Vaxination) requesting disclosure of all information designated as confidential that was filed by RCCI in response to the above-noted request for information. RCCI did not file a reply in response to Vaxination’s request.

Assessment of the request

The current request for disclosure was assessed in light of section 39 of the Telecommunications Act (the Act). 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. 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. 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.

Information filed by RCCI in confidence included i) number of customers without services, by type of service and by province, ii) number of cell sites impacted by outages, iii) network information, iv) the government departments and services impacted, v) number of additional generators deployed, vi) information regarding emergency calls, and vii) information regarding other carriers with which RCCI worked during the outages.

With respect to the number of customers without service, number of cell sites impacted by outages (RCCI’s responses a. and b.), and number of additional generators deployed (RCCI’s responses d. and e.), the information provided by RCCI is highly aggregated and historical. As a result, the potential for specific direct harm to RCCI from disclosure on the public record is limited. At the same time, disclosure of such information on the public record would allow for a better understanding of the impacts of the storm and what could potentially be anticipated in the future. The harm, if any, likely to result from disclosure thus does not outweigh the public interest in disclosure. Accordingly, RCCI is to place on the public record the number of customers without service as a result of the storm, the number of cell sites impacted, and the number of additional generators deployed.

With respect to the network information, the government departments and services impacted, and information regarding other carriers with which RCCI worked during the outages, this information is commercially sensitive or strategic and is generally treated as confidential. As a result, the specific direct harm to RCCI likely to result from disclosure outweighs the public interest in release of this information. Accordingly, no further disclosure of information is required, subject to the following. The information filed in confidence in RCCI’s response b. in the section entitled “Wireline (New Brunswick and Newfoundland)”, which addresses the location of wireline connections and fibre lines, is information that is commonly known and would not generally be treated in a confidential manner. Accordingly, this specific information is to be placed on the public record.

With respect to the information regarding emergency calls, this information is generally treated as confidential by the Commission. While there is public interest in knowing the details of how 9-1-1 and emergency services are impacted by such events, release of information such as specific 9-1-1 calling statistics, third-party information, and network information could potentially jeopardize the security of 9-1-1 calling and emergency alerting services. As a result, the specific direct harm to those that rely on the network for 9-1-1 calling and emergency alerting services as well as to RCCI that is likely to result from disclosure of this information outweighs the public interest in disclosure. Accordingly, no further disclosure of information is required in this instance.

Conclusion

Having regard to the considerations set out above, RCCI is to file a revised copy of its responses to the 28 September 2022 requests for information with the Commission for the public record by 23 December 2022 that identifies the following

1. in relation to RCCI’s responses a. and b., the number of customers without service as a result of the storm, the number of cell sites impacted, and the information filed in confidence in the section entitled “Wireline (New Brunswick and Newfoundland)”, which addresses the location of wireline connections and fibre lines, and
2. in relation to RCCI’s responses d. and e., the number of additional generators deployed.

RCCI is reminded that, if a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications Sector

c.c.:  Christine Brock, CRTC, 873-353-5852, christine.brock@crtc.gc.ca

Distribution List

Bell Canada, bell.regulatory@bell.ca
Bragg Communications Inc., regulatory.Matters@corp.eastlink.ca
Rogers Communications Canada Inc., regulatory@rci.rogers.com
TELUS Communications Inc., Regulatory.affairs@telus.com
Vaxination Informatique, jfmezei@vaxination.ca

Date modified:

2022-12-20