Search

Telecom - Staff Letter addressed to Andy Kaplan-Myrth (TekSavvy Solutions Inc.)

Ottawa, 26 March 2024

Our reference: 1011-NOC2023-0056

BY EMAIL

Andy Kaplan-Myrth
VP, Regulatory & Carrier Affairs
TekSavvy Solutions Inc.
227 rue Montcalm
Gatineau, QC J8Y 3B9
akaplanmyrth@teksavvy.ca

Subject: Request for disclosure relating to requests for information

Dear Andy Kaplan-Myrth,

We are following up on the 8 March 2024 letter filed by TekSavvy Solutions Inc. (TekSavvy). In that letter, TekSavvy requested disclosure of information filed in confidence with the Commission as part of the proceeding initiated by Telecom Notice of Consultation 2023-56 (the proceeding).

Background

On 31 January 2024, Commission staff issued requests for information (RFIs)Footnote1 as part of the proceeding. Parties responded to those RFIs on 1 March 2024.

One of the RFIs required that Bell Canada (Bell), Rogers Communications Canada Inc. (Rogers), and Telus Communications Inc. (Telus) provide “any internal market research or other analysis related to different consumer preferences for retail Internet services in the various provinces across Canada, or across a broader geographic area such as Western, Central, and Eastern Canada.”

On 8 March 2024, TekSavvy filed a letter in which it asked that the Commission direct:

In support of its disclosure request with respect to the Bell and Rogers responses, TekSavvy argued that it is highly unlikely that disclosure of the information would materially prejudice their competitive position, and that the public interest in understanding any evidence that the Commission may use to make its decisions favours disclosure of the information.

With respect to its request relating to Telus, TekSavvy argued that it is unlikely that Telus does not have any internal analysis that would be responsive to the RFI question noted above. In support, it argued that Heavy.AI, Canada Post, and PHI1 Research all publicly refer to reports or analyses conducted for Telus that might be relevant to the question asked.

On 18 March 2024, Bell and Rogers responded to TekSavvy’s request for disclosure. They submitted that the information filed in confidence is highly sensitive and commercially strategic. Rogers added that even the categories identified in the relevant documents are sensitive and proprietary.

The companies asserted that disclosure of the information would allow competitors to develop more effective marketing strategies, likely resulting in material financial loss for Bell and Rogers. Bell added that the information was developed for internal business intelligence and marketing purposes only and that there was nothing to be validated or challenged by others.

Telus did not respond to TekSavvy’s request.

Disclosure of information

Requests for disclosure are addressed considering 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). First, Commission staff assesses whether the information falls into a category of information that can be designated confidential pursuant to section 39 of the Act. Staff then considers whether there is any specific direct harm likely to result from the disclosure of that information and whether any harm outweighs the public interest in its disclosure.

After careful assessment, Commission staff considers that the information provided by Bell and Rogers is commercially sensitive and therefore confidential. The information could, if disclosed, give parties insight into the companies’ marketing strategies, with a risk of compromising their competitive positions and leading to financial loss. As a result, the potential direct harm to Bell and Rogers if the information contained in the attachments filed in support of their responses to the RFI question noted above were disclosed outweighs any public interest in its disclosure, in full or abridged.

We note that Bell and Rogers provided descriptions of the nature of the information contained in the relevant attachments in their original responses and in the responses to TekSavvy’s disclosure request. Given the above, we consider that the descriptions adequately serve the public interest while eliminating any direct harm that might result from disclosure of the information.

Deficiency

With respect to TekSavvy’s claim that Telus appears to have commissioned reports that might consist of research or analysis sought in the RFI question, we note that the Commission’s general practice, as reflected in the Rules of Procedure, is not to permit third parties to claim deficiencies with respect to answers provided to requests for information issued by the Commission or its staff. Nevertheless, we consider that the public descriptions of those reports suggest that they are not responsive to the RFI question that was asked.

Based on the above, TekSavvy’s requests are therefore denied.

Sincerely, 

Original signed by

Philippe Kent 
Director, Telecommunications Services Policy
Telecommunications Sector

c.c. Marianne Blais, CRTC,  marianne.blais@crtc.gc.ca
Greg Lang, CRTC, greg.lang@crtc.gc.ca
Adam Mills, CRTC, adam.mills@crtc.gc.ca
Mahmoud Obeid, CRTC, mahmoud.obeid@crtc.gc.ca
Chris Roy, CRTC, christopher.roy@crtc.gc.ca
Bell, bell.regulatory@bell.ca;
Rogers, regulatory@rci.rogers.com;
Telus, regulatory.affairs@telus.com;

Attach (1) Distribution list

Distribution List

Bell Canada, bell.regulatory@bell.ca;
CNOC, regulatory@cnoc.ca;
Cogeco, telecom.regulatory@cogeco.com;
Eastlink, regulatory.matters@corp.eastlink.ca;
RCCI, regulatory@rci.rogers.com;
SaskTel, document.control@sasktel.com;
Shaw, Regulatory@sjrb.ca;
TCI, regulatory.affairs@telus.com;
TekSavvy, regulatory@teksavvy.ca;
Videotron, regaffairs@quebecor.com;
Xplore, cindy.wallace@xplore.ca;
Airnet Wireless Inc., jeptha@airnet.ca;
Allo Telecom, sac@allotelecom.ca;
Ampush, julian.reiche@gmail.com;
André’s Electronics, andre@andres1.com;
Beanfield, todd@beanfield.com;
Bravo Telecom, legal@bravotelecom.com;
British Columbia Broadband Association (BCBA), regulatory@bcba.ca;
Build Nova Scotia, david.finlayson@novascotia.ca;
Canadian Anti-Monopoly Project (CAMP), keldon@antimonopoly.ca;
Canadian Telecommunications Association, esmith@canadatelecoms.ca;
Carry Telecom, frankw@carrytel.ca;
CEDEC, john.buck@cedec.ca;
CIK Telecom Inc, jordan.d@ciktel.com;
Cinéma Péninsule Ltd, 397martin@gmail.com;
City Wide Communications, david@yourcitywide.com;
Coextro, skhandor@coextro.com;
Community Fibre Company, ben@communityfibre.ca;
Competition Bureau, conor.parson@cb-bc.gc.ca; 
Competition Bureau, crtc2023-56@cb-bc.gc.ca;
CPC, campbell@campbellpatterson.com;
Cronomagic Canada Inc, bokhari@cronomagic.com;
Custom Communications, kelly.boyd@custom.ab.ca;
Devtel Communications Inc., devin@devtelcommunications.ca;
Eeyou Communications Network, trishtoso@gmail.com;
Execulink, regulatory@execulinktelecom.ca;
Fédération des Coopératives de Câblodistribution et de télécommunication du Québéc (FCCTQ), fallaire@ressources.coop;
Federation of Canadian Municipalities, rrizzuto@fcm.ca;
Fibernetics Corporation, regulatory@fibernetics.ca;
First Mile Connectivity Consortium, info@firstmile.ca;
Frontier Networks, cgooey@frontiernetworks.ca;
IGS Hawkesbury Inc., jbogue@hawkmail.ca;
Intelligence Papineau Inc, odenis@ipapineau.tech;
John Roman, johnphiliproman@gmail.com;
Leepfrog Telecom, gchriss@leepfrogtelecom.com;
Lime Telenet, Ryan@limetelenet.com;
Manitoba Coalition, cacmb@mts.net;
Manitoba Coalition, chkla@legalaid.mb.ca;
Manitoba Coalition, kadil@legalaid.mb.ca;
Marc Nanni, mn_crtc@proton.me;
Mazagan Telecom, mazagantelecom@gmail.com;
Michel Mersereau, m.mersereau@utoronto.ca;
National Capital FreeNet, execdir@ncf.ca;
Netrevolution inc., drouleau@gtvr.com;
OpenMedia, erin@openmedia.org;
Public Interest Advocacy Centre, jlawford@piac.ca;
Secure by Design, kirk@secure-by-design.com;
Securenet, info@securenet.net;
SkyChoice Communications, serge@skychoice.ca;
Spectrum Telecom Group Ltd., ghatton@spectrumtelecom.ca;
Tbaytel, stephen.scofich@tbaytel.com;
Transat Telecom, aboulil@transattelecom.ca;
Truespeed Internet Services Inc., adam@truespeed.ca;
Vaxination Informatique, jfmezei@vaxination.ca;
Vaxxine Computer Systems Inc., president@vaxxine.com;
WaveDirect Telecommunications Limited, regulatory@wavedirect.org

Date modified: