Telecom - Staff Letter addressed to the Distribution List
Ottawa, 2 June 2023
Reference(s): 1011-NOC2023-0056
BY EMAIL
Distribution
RE: Telecom Notice of Consultation CRTC 2023-56 – Disclosure of information designated as confidential to the Commissioner of Competition
By letter dated 4 May 2023, the Commissioner of Competition (the Commissioner) made a number of requests associated with the conduct of the above-referenced proceeding. By way of letter dated 21 April 2023, the Commissioner previously indicated his intent to intervene in the proceeding. This letter addresses one aspect of the Commissioner’s request, namely the request for disclosure of certain information designated as confidential in the responses to requests for information (RFIs) issued by Commission staff on 8 March 2023 Footnote1 . The Commissioner’s other requests will be considered at a later date.
In support of his disclosure request, the Commissioner referenced paragraph 39(4)(b) of the Telecommunications Act (the Act) and explained that the requested information was relevant to competition-related matters alive in the underlying proceeding and would assist him in making meaningful submissions to the Commission on such matters.
Under paragraph 39(4)(b) of the Act, the Commission may exercise its discretion and require disclosure of confidential information to the Commissioner if, in its view, the information is relevant to competition issues being considered in the proceeding.
The information in the RFI responses pertains to the state of the Canadian retail Internet service marketplace and is expected to help the Commissioner perform and file on the record of the proceeding an economic analysis regarding the state of competition within that market, a key issue being considered in this proceeding. Commission staff is therefore of the view that the disclosure to the Commissioner of the requested information is relevant to the competition issues being considered and could ultimately be of benefit to the record by assisting the Commissioner in preparing his evidence for the remainder of the proceeding.
The Commissioner is restricted in the ways that he may use the confidential information disclosed under the Act, and must also treat the disclosed information as confidential. The Competition Bureau is also a specialized agency without a financial stake in the outcome of the proceeding and with extensive experience in handling sensitive information. Given this, Commission staff believes that there is little risk of potential harm in disclosing the information to the Commissioner.
In light of the above, Commission staff grants the Commissioner’s disclosure request for the information filed with the Commission in response to Appendix 1 of the aforementioned Commission staff letter dated 8 March 2023. Bell Canada, Bragg Communications Inc., carrying on business as Eastlink, Cogeco Communications Inc., Quebecor Media Inc., on behalf of Videotron Ltd., Rogers Communications Canada
Inc., Shaw Cablesystems G.P., Saskatchewan Telecommunications, and TELUS Communications Inc. are to disclose the information contained in their responses directly to the Commissioner by 9 June 2023.
In order to reduce procedural delays, all parties filing responses to the RFIs due on 22 June 2023 and as set out in Appendix 2 of the aforementioned Commission staff letter dated 8 March 2023 are to file those responses directly with the Commissioner at the same time as they are filed with the Commission.
Commission staff notes that the Commissioner must file separate requests for disclosure of confidential information for any future information filed by parties in confidence with the Commission.
Sincerely,
Original signed by
Leila Wright
Executive Director
Telecommunications
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