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Telecom - Staff Letter addressed to Distribution List

Ottawa, 22 November 2023

Reference: 8740-B2-202302248, 8740-E17-202303478, 8740-V3-202303551, 8740-T66-202304088, 8740-T66-202303494, 8740-T69-202303502, 8740-C6-202303543, 8740-S22-202302230, 8740-R28-202302579, 8740-S9-202305143

BY E-MAIL

Distribution List

Subject: Tariff notices related to the introduction of Fibre-to-the-premise (FTTP) aggregated wholesale high-speed access service for Commission approval pursuant to the Commission’s direction in Telecom Notice of Consultation CRTC 2023-56 – Notice of Hearing – Review of the wholesale high-speed access service framework (TNC 2023-56) (Bell Canada Tariff Notice 7664, Eastlink Tariff Notice 45, Videotron Avis tarifaire No. 62, Telus Tariff Notice 584 / 583A / 657A, Cogeco Tariff Notice 66, SaskTel Tariff Notice 378, Rogers Tariff Notice 78, Shaw Tariff Notice 43) – staff ruling on disclosure requests of certain information filed in confidence and deficiencies

This letter addresses requests for disclosure of information filed in confidence and deficiencies in the above noted tariff applications filed by Bell Canada; Bragg Communications Incorporated, operating as Eastlink (Eastlink); Cogeco Communications Inc. on behalf of Cogeco Connexion Inc. (Cogeco); Rogers Communications Canada Inc. (Rogers); Saskatchewan Telecommunications (SaskTel); Shaw Cablesystems G.P. (Shaw); TELUS Communications Company (TCC); and Québecor Média inc. on behalf of its affiliate Videotron (Videotron), (the incumbents). These applications were filed as part of the introduction of Fibre-to-the-premise (FTTP) aggregated wholesale high-speed access service pursuant to the Commission’s direction in Telecom Notice of Consultation CRTC 2023-56 – Notice of Hearing – Review of the wholesale high-speed access service framework (TNC 2023-56).

On 7 June 2023 and 11 September 2023, the Competitive Network Operators of Canada Inc. (CNOC) and on 12 June 2023, TekSavvy Solutions Inc. (TekSavvy), filed requests for disclosure of information for which confidentiality had been claimed and requests for additional information regarding the above noted tariff applications.

Disclosure

Commission staff notes that 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 and following 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 as 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, including the degree of competition and the importance of disclosure of the information for the purpose of obtaining a fuller record. 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.

Commission staff has reviewed the requests filed by CNOC and TekSavvy, as well as reply comments from incumbents and considers that disclosure of certain information, as specified in Attachment 2-A of this letter, is appropriate and in the public interest.

Deficiencies

After careful review of the cost studies and the supporting documents, Commission staff notes that some submissions from incumbents were partial or incomplete. Remedying these deficiencies, which are identified in Attachment 2-B of this letter, will contribute to a fulsome record of the FTTP aggregated wholesale high-speed access service models and allow for a better assessment of the matters at issue in this proceeding.

As a result, the incumbent carriers are to provide the information as outlined in Attachment 2-B of this letter in accordance with the below process.

Process

Commission staff sets out the following process to address disclosure and deficiencies. The incumbent carriers are to disclose the information specified in Attachment 2-A of this letter and to provide additional information as specified in Attachment 2-B of this letter, by 30 November 2023. The information is to be filed with the Commission and served on all parties in the attached distribution list.

Any party may submit comments with respect to the additional information directed to be disclosed by 7 December 2023, serving a copy on incumbents. Incumbents may reply to any such comments by no later than 15 December 2023.

Sincerely,

Original signed by

Chris Noonan
Director, Competitor Services & Costing Implementation
Telecommunication sector

c.c.: Abderrahman El Fatihi, CRTC 819-953-3662 AbderRahman.ElFatihi@crtc.gc.ca
Tom Vilmansen, CRTC 819-997-9253 Tom.Vilmansen@crtc.gc.ca

Attach. (2):

Distribution List (1)

Disclosure of information and outstanding deficiencies (2)

Distribution List

Bell Canada bell.regulatory@bell.ca
Bragg Communications Incorporated, regulatory.matters@corp.eastlink.ca
Cogeco Communications Inc. telecom.regulatory@cogeco.com
Rogers Communications Canada Inc. regulatory@rci.rogers.com
Saskatchewan Telecommunications document.control@sasktel.com
Shaw Cablesystems G.P. Regulatory@sjrb.ca
TELUS Communications Inc. regulatory.affairs@telus.com
Québecor Média inc. on behalf of Videotron Ltd. regaffairs@quebecor.com
Patrick Desy, patrick.desy@quebecor.com
TekSavvy Solutions Inc. regulatory@teksavvy.ca
Andy Kaplan-Myrth, TekSavvy,  akaplanmyrth@teksavvy.ca
CNOC Regulatory regulatory@cnoc.ca)
Tacit Law Regulatory regulatory@tacitlaw.com

Disclosure of Information and Outstanding Deficiencies

A - DISCLOSURE OF INFORMATION DESIGNATED AS CONFIDENTIAL

BELL CANADA

Bell Canada TN7664/A filed on 31 May 2023, BELL CANADA REPORT ON THE ECONOMIC EVALUATION FOR THE INTRODUCTION OF GATEWAY ACCESS SERVICE (GAS)-FIBRE TO THE PREMISES (FTTP) ACCESS ONTARIO AND QUEBEC

Disclose the following:

Paragraph 16 and 152

  1. The redacted text in the first sentence of paragraph 16 and the last sentence under the “Transmission Equipment” heading within paragraph 152.

Paragraph 116 and 119

  1. The redacted data in Table 3 within paragraph 116, as well as all cost amounts throughout the text of both paragraph 116 and paragraph 119.

ROGERS

Rogers TN78 filed on 31 May 2023, Report on the economic evaluation for aggregated fibre to the home third party internet access (TPIA) service monthly end-user access rates for gigabit-capable passive optical network (GPON).

Disclose the following:

Table 6(b)Capital Equipment of Appendix A

  1. For the tab “Table 6b - PCRF HW&SW” - Capacity (subscribers)
  2. For the tab “Table 6b – OLT” – Capacity (HP)
  3.  For the tab “Table 6b – ONT” - Access Capacity

Table 6(b) PCRF HW and SW Capital of Appendix A

  1. The Canada-US exchange rate used.

VIDEOTRON

VideotronTN62 filed on 31 May 2023, Étude de coûts pour l’accès fibre à la maison (FTTP) Frais d'accès mensuel et Frais mensuel relatif à la capacité.

For the listed tables which are provided as attachments to the study report, disclose the following:

Tableaux de support – Tableau 1:

  1. All information contained in Table 1- Sommaire des incidences sur les revenus et les coûts- Demande AITP- Frais mensuel relatif à l'usage and in Table 1 :  Sommaire des incidences sur les revenus et les coûts- Demande AITP- Frais d'accès mensuel

Tableaux de support – Tableaux 6(b):

  1. The description and the capacity for each of the various capital items used to develop the capital unit costs provided in these tables, as well as the annual incremental demand cost driver information, provided that the demand is wholesale demand that consists of the demand of 3 or more competitors.
  2. Additionally, Videotron should provide:
    1. In tables (6b), the time estimates, where applicable
    2. In tables (6b), the Warehouse and Distribution percentages, where applicable.
  3. For each applicable table 6(b), the methodology used to compute the installation and engineering costs as to whether it used the percentage cost factor approach or if it used time estimates, occurrence rates and labour unit costs.
  4. For each applicable table (6b), the percentage cost factors if used to determine the installation and engineering costs and
  5. For each applicable table (6b), the time estimates and the occurrence rates if used to determine the installation and engineering costs.

Tableaux de support - Tableau 12

  1. In Table A1, Demande de gros à la fin de l’année pour les utilisateurs finals, par vitesse and Table C, Demande de capacité de gros FTTH à la fin de l’année, en 100 Mb/s of Table 12, various historical and forecast annual wholesale incremental service demand cost driver information, provided that there are three or more competitors.

EASTLINK

Eastlink TN45 filed on 31 May 2023, Bragg Communications Inc. Regulatory Economic Study in Support of Aggregated Fibre-to-the-Premises-Third Party Internet Access Service.

Disclose the following:

Section 5.3 of document Regulatory Economic Study

  1. The financial parameters, i.e., the cost of debt and cost of equity percentages at section 5.3 of its Regulatory Economic Study.

Attachment 1-Table 6c, Section E

  1. The Structure/Technology Cost Factors.

Attachment 1-Table 1 Cost and Revenue Summary

  1. Eastlink to place the maintenance costs in the correct category in the Cost and Revenue Summary Attachment 1 or explain with supporting rationale why it was classified as Capital causal to demand.

Attachment 1-Table 6b Capital Equipment

  1. Asset class/code in all sections of Table 6b Capital equipment.
  2. Descriptions of capacity.

Attachment 1-Table 14, Section A

  1. The Chassis cost factor, Power equipment cost allocation factor and Space allocation cost factor.

Attachment 1-Table 14, Section C1 and C2

  1. Available capacity (end user) per OLT card.

B- DEFICIENCIES

EASTLINK

Eastlink TN45 filed on 31 May 2023, Bragg Communications Inc. Regulatory Economic Study in Support of Aggregated Fibre-to-the-Premises-Third Party Internet Access Service.

Attachment 1-Table 6a

  1. Provide an abridged Table 6a in accordance with the information requirements specified in the 2013 Commission staff letterFootnote1, with disclosure consistent with the TRP 2012-592Footnote2 guidelines.

Attachment 1-Table 13 Cable CBB model

  1.  Provide expense and capital unit cost development detail consistent with Tables 6a and 6b format outlined in the 2013 Commission staff letter.

COGECO

Cogeco TN66 filed on 31 May 2023, ECONOMIC EVALUATION FOR THE TARIFF REVISION OF THIRD-PARTY INTERNET ACCESS SERVICE - Monthly Access Rates applied to the Aggregated TPIA Service over EPON/FTTP:

Tables 6a, 6b and 6c

  1. Provide confidential and abridged versions of Tables 6a,6b and 6c consistent with the 2013 Commission staff letter directives for wholesale services HSA and disclose all relevant expense and capital unit cost details consistent with the disclosure requirements of TRP 2012-592.
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