Telecom - Staff Letter addressed to the Distribution List
Ottawa, 13 June 2023
Our reference: 1011-NOC2023-0056
BY EMAIL
Distribution List
Subject: Notice of hearing - Review of the wholesale high speed access framework, Telecom Notice of Consultation 2023-56 – requests for disclosure
This letter addresses requests for disclosure of certain information designated as confidential in responses to requests for information (RFIs) issued by Commission staff on 8 March 2023, and interventions filed by parties on 24 April 2023, as part of the proceeding initiated by Telecom Notice of Consultation 2023-56. This letter also sets forth requests for further responses to the above-referenced RFIs.
The Canadian Network Operators Consortium, the Commissioner of Competition (the Commissioner), the Public Interest Advocacy Centre (PIAC), and TekSavvy Inc. filed submissions requesting disclosure of certain information that parties had filed in response to Commission staff-issued RFIs, and in parties’ interventions, and for which confidentiality had been claimed. PIAC also requested that the Commission disclose aggregated data from financial summaries and on FTTP deployment plans that were filed in confidence.
The following parties responded to the requests for disclosure: Bell Canada, Bragg Communications, carrying on business as Eastlink (Eastlink), Cogeco Communications, Quebecor Media inc, on behalf of Videotron Ltd. (Videotron), Rogers Communications Canada Inc. (Rogers), Shaw Cablesystems G.P. (Shaw), Saskatchewan Telecommunications (SaskTel), and Telus Communications Inc. (TELUS).
The Commissioner’s request for disclosure of confidential information has been addressed separately in a letter dated 2 June 2023.
Further responses to requests for information
Commission staff has reviewed the RFI responses and is of the view that some of the responses are deficient. There were instances where parties provided incomplete or partial responses.
Attachment 1 to this letter sets out the specific RFIs for which incomplete responses had been provided by the parties. These parties are to file complete answers to the relevant RFIs by 15 June 2023. If a party is unable to provide the required information for any questions identified in the attachment, the party is to provide a detailed justification as to why it is not possible for it to do so.
Requests for disclosure of information designated as confidential
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 to 33 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 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, several factors are taken into consideration. Harm may be more likely to outweigh the public interest where the information is more disaggregated or where the degree of competition is greater. Conversely, the public interest may be more likely to outweigh any harm where disclosure of the information is more important to the ability of the Commission to obtain a full and complete record on which to make its decision. The general procedures and factors considered are discussed in more detail in Broadcasting and Telecom Information Bulletin CRTC 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, 23 December 2010, as amended by Broadcasting and Telecom Information Bulletin CRTC 2010-961-1, 26 October 2012.
Request for aggregated data
With specific regard to PIAC’s request for the disclosure of aggregated data, staff has assessed the feasibility of such. In certain instances, disclosure of relevant company-specific data is being provided for by way of this letter. In all other instances, it has been determined that disclosure of company-specific data would not be in the public interest as either the data is not directly comparable without the provision of narrative and such provision is not appropriate, or the level of aggregation needed to address the likely potential harm in disclosure of information designated as confidential would be of little to no assistance to parties and, ultimately, to the creation of a robust record for this proceeding.
Having regard to the considerations set out above, parties are to file with the Commission all information as set out in Attachment 2 by 15 June 2023.
Commission staff reminds parties as they prepare their responses to future portions of this proceeding that the Procedures for filing confidential information and requesting its disclosure in Commission proceedings require parties to file with the Commission an abridged version of their documents or provide reasons why an abridged version cannot be filed.
Sincerely,
Original signed by
Philippe Kent
Director, Telecommunications Services Policy
Telecommunications Sector
Distribution List
Bell Canada, bell.regulatory@bell.ca;
Cogeco, telecom.regulatory@cogeco.com;
Eastlink, regulatory.matters@corp.eastlink.ca;
RCCI, regulatory@rci.rogers.com;
SaskTel, document.control@sasktel.sk.ca;
Shaw, Regulatory@sjrb.ca;
TCI, regulatory.affairs@telus.com;
Videotron, regaffairs@quebecor.com;
CNOC, regulatory@cnoc.ca;
Community Fibre, ben@communityfibre.ca;
Comwave, legal@comwave.net;
Public Interest Advocacy Centre, jlawford@piac.ca;
TekSavvy, regulatory@teksavvy.ca;
Vaxination Informatique, jfmezei@vaxination.ca;
John Roman, johnphiliproman@gmail.com;
WaveDirect Telecommunications Limited, joanne@wavedirect.org;
Vaxxine Computer Systems Inc., president@vaxxine.com;
Truespeed Internet Services Inc., adam@truespeed.ca;
SkyChoice Communications, serge@skychoice.ca;
Securenet, info@securenet.net;
Secure by Design, kirk@secure-by-design.com;
OpenMedia, erin@openmedia.org;
Netrevolution inc., drouleau@gtvr.com;
National Capital FreeNet, execdir@ncf.ca;
IGS Hawkesbury Inc., jbogue@hawkmail.ca;
First Mile Connectivity Consortium, info@firstmile.ca;
Devtel Communications Inc., devin@devtelcommunications.ca;
CPC, campbell@campbellpatterson.com;
Canadian Anti-Monopoly Project (CAMP), keldon@antimonopoly.ca;
Beanfield , todd@beanfield.com;
Marc Nanni, mn_crtc@proton.me;
Competition Bureau, Conor.Parson@cb-bc.gc.ca;
Competition Bureau, crtc2023-56@cb-bc.gc.ca;
Coextro, skhandor@coextro.com;
Carry Telecom, frankw@carrytel.ca;
Execulink, yasmin.charania@execulinktelecom.ca;
Attachment (2)
FURTHER RESPONSES TO INTERROGATORIES
Parties identified below are to provide the information requested.
(CRTC)08Mar23-3-1a
- Sasktel is to provide data on the overlap of copper access lines (FTTN) and FTTP facilities in those areas where it has indicated that this overlap occurs
(CRTC)08Mar23-6-1a
- Eastlink is to provide a response that provides the number of premises passed by FTTP and HFC facilities
(CRTC)08Mar23-12-1a
- Bell Canada is to provide the requested information or best estimates for revenue associated with Virgin Plus. It is also to provide the requested information or best estimates for the years 2018 to 2021 and forecasts for the year 2024 (where not already provided) for EBOX and Distributel
- TELUS is to provide the requested information or best estimates for start.ca and Altima Telecom
- Rogers is to provide the requested information or best estimates for the years 2018 to 2019 and forecasts for 2023 and 2024 for Fido
(CRTC)08Mar23-14b)-1a
- Rogers is to provide premises passed data for the years 2018 to 2022 and forecasts for 2023 and 2024
DISCLOSURE OF INFORMATION DESIGNATED AS CONFIDENTIAL
TELUS and Rogers are to re-file their interventions, including abridged versions on the public record disclosing the information indicated below:
TELUS(CRTC) - Paragraphs 11, 46, and 85
- TELUS is to disclose in their entirety the redacted portions of paragraphs 11, 46, and 85 from its intervention.
TELUS(CRTC) - Paragraphs 12 and 67, including footnote 31
- TELUS is to disclose the redacted portions of paragraphs 12 and 67 from its intervention, including the entirety of footnote 31, except where that information contains company specific dollar amounts.
TELUS(CRTC) - Paragraph 111
- TELUS is to disclose in its entirety the redacted portions of paragraph 111 from its intervention.
TELUS(CRTC) - Paragraphs 100, 21, and 123, including footnote 51
- TELUS is to disclose the redacted portions of paragraphs 100, 21, and 123, including footnote 51, from its intervention, except where that information contains company specific dollar amounts or percentages.
TELUS(CRTC) – Paragraph 135
- TELUS is to disclose in its entirety the redacted portion of paragraph 135 of its intervention.
Rogers(CRTC) – Paragraphs 29 and 32
- Rogers is to disclose the redacted portions of paragraphs 29 and 32 from its intervention, except where that information contains specific timelines.
Parties are to re-file their responses to the requests for information issued by Commission staff letter on 8 March 2023, as set out below:
Cogeco(CRTC)8MAR23-6, Cogeco(CRTC)8MAR23-7, Cogeco(CRTC)8MAR23-8, Cogeco(CRTC)8MAR23-9, Cogeco(CRTC)8MAR23-10, Cogeco(CRTC)8MAR23-11, Cogeco(CRTC)8MAR23-12, Cogeco(CRTC)8MAR23-13, Cogeco(CRTC)8MAR23-14
- Cogeco is to file on the public record an abridged copy of its attachments filed in confidence in response to all questions.
Cogeco(CRTC)8MAR23-14
- In its new abridged filing, Cogeco is to disclose in its entirety its information filed in response to question 14(c).
Eastlink(CRTC)8MAR23-6, Eastlink(CRTC)8MAR23-9, Eastlink(CRTC)8MAR23-10, Eastlink(CRTC)8MAR23-11, Eastlink(CRTC)8MAR23-12, Eastlink(CRTC)8MAR23-13, Eastlink(CRTC)8MAR23-14
- Eastlink is to file on the public record an abridged copy of its attachments filed in confidence in response to all questions.
Eastlink(CRTC)8MAR23-14
- In its new abridged filing, Eastlink is to disclose in its entirety its information filed in response to question 14(c).
Rogers (CRTC)8MAR23-7
- Rogers is to disclose on the public record the portions of its written response to question 7 that were filed in confidence.
Rogers(CRTC)8MAR23-8
- Rogers is to disclose on the public record the portions of its written response to question 8(c) that were filed in confidence, except where that disclosure would reveal a company specific number.
Rogers (CRTC)8MAR23-14
- Rogers is to disclose on the public record its information filed in response to 14(c).
SaskTel(CRTC)8MAR23-1, SaskTel(CRTC)8MAR23-3, SaskTel(CRTC)8MAR23-4, SaskTel(CRTC)8MAR23-5
- SaskTel is to, where it did not previously do so, file on the public record an abridged copy of its attachments filed in confidence in response to all questions.
Shaw(CRTC)8MAR23-7
- Shaw is to disclose on the public record the written portion of its response to question 7 that were filed in confidence.
Shaw(CRTC)8MAR23-8
- Shaw is to file on the public record an abridged copy of its attachment filed in confidence in response to question 8.
- Shaw is to disclose on the public record the portions of its written response to question 8(c) that were filed in confidence.
Shaw (CRTC)8MAR23-14
- Shaw is to disclose on the public record its information filed in response to 14(c).
TELUS(CRTC)8MAR23-1, TELUS(CRTC)8MAR23-2, TELUS(CRTC)8MAR23-4, TELUS(CRTC)8MAR23-5, TELUS(CRTC)8MAR23-12, TELUS(CRTC)8MAR23-13, TELUS(CRTC)8MAR23-14
- TELUS is to, where it did not previously do so, file on the public record an abridged copy of its attachments filed in confidence in response to all questions.
TELUS(CRTC)8MAR23-2
- In its new abridged filing, TELUS must only redact location specific identification information, i.e. columns D through H.
TELUS(CRTC)8MAR23-5
- In its new abridged filing, TELUS must disclose for the public record the methodology that was filed in confidence in response to question 5(b), except where that disclosure would reveal a company specific number.
TELUS(CRTC)8MAR23-14
- In its new abridged filing, TELUS is to disclose in its entirety its information filed in response to question 14(c).
Videotron(CRTC)8MAR23-9, Videotron(CRTC)8MAR23-10, Videotron(CRTC)8MAR23-11, Videotron(CRTC)8MAR23-13, Videotron(CRTC)8MAR23-14
- Videotron is to, where it did not previously do so, file on the public record an abridged copy of its attachments filed in confidence in response to all questions.
Videotron(CRTC)8MAR23-14
- In its new abridged filing, Videotron is to disclose in its entirety its information filed in response to question 14(c).
- Date modified: