Telecom - Secretary General Letter addressed to Peggy Tabet (Quebecor Media Inc.) and Howard Slawner (Rogers Communications Inc.)
Ottawa, 10 July 2023
Reference: 8622-V3-202302040
BY E-MAIL
Peggy Tabet
Vice President, Regulatory and Environmental Affairs
Quebecor Media Inc.
612 Saint-Jacques Street
Montréal QC H3C 4M8
tabet.peggy@quebecor.com
Howard Slawner
Vice President - Regulatory Telecom
Rogers Communications Inc.
1 Mount Pleasant Road
Toronto ON M4Y 2Y5
regulatory@rci.rogers.com
RE: Final offer arbitration regarding mobile virtual network operator (MVNO) access rates – Request for disclosure of information designated as confidential
Dear Peggy Tabet and Howard Slawner,
In Practice and procedure for final offer arbitration to determine mobile virtual network operator access rates, Telecom Information Bulletin CRTC 2022-337, the Commission explained that it is of particular importance for the attainment of the objectives set out in Telecom Regulatory Policy 2021-130, as well as in the public interest, that all carriers that provide or access wholesale MVNO services be provided with sufficient information to understand the Commission’s rationale and decisions. As such, the Commission noted its aim to release as much information and rationale as possible to the public in its decisions on FOA proceedings on MVNO access rates. The Commission further stated its view that such an approach would assist other carriers that are approached with regards to the provision of MVNO access. The Commission considered this approach to be in the public interest.
On 23 June 2023, Commission staff sent a letter to Rogers Communications Inc. (Rogers) requesting that it provide detailed explanations of certain confidentiality claims in the public abridged versions of its 12 May cover letter and final offer submission and its 29 May cover letter and reply submission and file revised public abridged versions of these documents within 5 calendar days.
For some of the paragraphs identified in the June 23 staff letter, the Commission accepts that they remain, in whole or in part, confidential, as they contain specific methodological details and hypotheses. For many other paragraphs, the Commission requests that the information identified be disclosed.
First, the Commission is of the view that Rogers’ claims of harm are overstated. The information requested does not disclose any specific methodological details or financial information submitted by Rogers, but rather high-level information and concepts that would help the public understand the nature of its arguments. Further, the information and concepts for which public disclosure is requested can reasonably be expected to be part of the rationale to establish just and reasonable rates, without prior knowledge of Rogers’ negotiation or arbitration strategy. Finally, Rogers is likely to adapt its arbitration strategy based on the outcome of this FOA and related decision, as well as any subsequent FOA decisions, whether they involve Rogers or not. Maintaining the confidentiality of the information and concepts would advantage Rogers, as it will have a better understanding of the Commission’s decision process than parties not part of this FOA.
Therefore, the Commission is of the view that the disclosure of this information would be in the public interest and contribute to ensuring all players have the same understanding of the Commission’s intent and decision process on FOAs. The Commission is further of the view that this public interest outweighs the specific and direct harm likely to result from public disclosure of the relevant information.
In light of the above, the Commission requests the disclosure, in whole or in part, of the following paragraphs in Rogers’s various submissions:
- In the 12 May cover letter: paragraph 3 (third bullet point only, excluding words 5 and 6) and paragraph 11.
- In the 12 May submission: footnote 1 in paragraph 2, paragraph 3, 4 (excluding words 4 to 10 of the paragraph), 5, 6 (first 19 words only), 7, 35 (excluding what remains confidential in the last sentence), 37, 38 (excluding second sentence), 39, 40, 41 (excluding words 24 to 29), 43 (excluding table), 48 (first sentence only), 49, 51 through 53 (excluding table), 56 (first sentence only), 57 through 59, 62, 63, 64 (excluding words 5 to 7), 76 (excluding words 4 to 6 and words 16 to 18), 79 through 84, and 87.
- In the 29 May reply submission: paragraphs 7 (first sentence only), 10, 13, 15, 16, 20 (excluding monetary amount), 28(a) (excluding last sentence), 28(c) (first sentence only), and 32 (first 21 words only).
- In all of the above-mentioned documents:
- All footnotes referenced in the paragraphs listed above or in the paragraphs previously disclosed in Rogers’ revised abridged versions should be disclosed.
- All simple references to Rogers’ analysis, including the names of the approaches used, in all paragraphs including those not otherwise listed should be disclosed.
- The name of Rogers’ expert may be excluded from disclosure even when it appears in the listed paragraphs.
The Commission requests that Rogers file revised abridged documents giving effect to the above within 10 days of receiving this letter.
For the same reasons noted above, the Commission rejects Québecor Media Inc.’s (Québecor’s) request to withdraw the public version of its 12 May submission.
Regarding Rogers’ request to review the proposed public version of Québecor’s submissions, Rogers currently has access to versions of Québecor’s submissions that include redactions for information intended to be disclosed to the Commission only and identify information intended to be disclosed to Rogers and the Commission. All other statements are clearly identified for public disclosure. Therefore, the Commission denies Rogers’ request on the basis that Rogers could have seized the Commission of any specific disclosure concerns regarding Québecor’s submissions in a timely fashion with arguments tailored to the aspects it found to be of concern.
Yours sincerely,
Original signed by
Claude Doucet
Secretary General
c.c.: Michel Murray, CRTC michel.murray@crtc.gc.ca
Leila Wright, CRTC leila.wright@crtc.gc.ca
Philippe Nadeau, CRTC philippe.nadeau@crtc.gc.ca
Marisa Wyse, Rogers marisa.wyse@rci.rogers.com
Joshua Bouzaglou, Québecor joshua.bouzaglou@quebecor.com
Melanie Cardin, Québecor Melanie.Cardin@quebecor.com
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