Telecom - Staff Letter addressed to Howard Slawner (Rogers Communications Canada Inc.)
Ottawa, 28 June 2023
Our reference: 8622-V3-202302040
BY EMAIL
Howard Slawner
Rogers Communications Canada Inc.
Vice President – Telecom
1 Mount Pleasant Road
Toronto ON M4Y 2Y5 Canada
Howard.Slawner@rci.rogers.com
Subject: Reply to Rogers’ 26 June 2023 letter regarding Commissions’ letter dated 23 June 2023, Final offer arbitration regarding mobile virtual network operator (MVNO) access rates – request regarding confidentiality claims
Dear Howard Slawner,
On 23 June 2023, Commission staff sent a letter to Rogers Communications Inc. (Rogers) requesting that Rogers provide detailed explanations of certain redactions in its 12 May 2023 submission and 29 May 2023 reply for the final offer arbitration regarding mobile virtual network operator (MVNO) access rates (the FOA) and resubmit public abridged versions of these documents within 5 calendar days.
On 26 June 2023, the Commission received a letter from Rogers in response to staff’s 23 June letter. Rogers requested that staff confirm that Quebécor Media inc. (Québecor) is also being directed to address confidentiality claims in its submissions under the same timelines. Rogers also reiterated its previous request that both Rogers and Quebecor be able to review the proposed public versions of the other party to ensure no confidential information is inappropriately disclosed. Finally, Rogers requested a 2-day extension to 30 June 2023 to address the concerns raised in the 23 June.
Regarding Rogers’ first request, staff confirms that this request is for Rogers only. Having reviewed the confidentiality claims in Quebécor’s 12 May 2023 submission and 29 May 2023 reply, Commission staff believes that this request resolves rather than creates an asymmetry in the information disclosed by Québecor and Rogers in their public versions of their respective submissions.
Regarding Rogers’ request to allow both Rogers and Quebecor to review the proposed public versions of the other party to ensure no confidential information is inappropriately disclosed, staff notes that Rogers and Quebecor already have access to a version of the other party’s submissions that show what they intend to disclose to the public. Further, if Rogers had concerns regarding information in Quebecor’s submission that it considers ought not be publicly disclosed, it could have seized the Commission with its concerns in a timely manner; however, it did not.
Regarding Rogers’ request for an extension, staff is of the view that Rogers did not provide enough information to demonstrate that it is unable to meet the proposed deadline. Staff considers it likely that Rogers would have already accomplished internally much of the task at issue as section 32 of the CRTC Rules of Practice and Procedure already requires entities designating information as confidential to not only justify the designation but also address why the harm likely to result from disclosure would outweigh the public interest in such disclosure. Accordingly, Rogers is to file the information by the original deadline of 28 June 2023.
Yours sincerely,
Original signed by
Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c. Philippe Nadeau, CRTC, Philippe.nadeau@crtc.gc.ca
Leila Wright, CRTC, leila.wright@crtc.gc.ca
Marisa Wyse, Rogers, marisa.wyse@rci.rogers.com
Peggy Tabet, Québecor, tabet.peggy@quebecor.com
Joshua Bouzaglou, Québecor, joshua.bouzaglou@quebecor.com
Melanie Cardin, Québecor, Melanie.Cardin@quebecor.com
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