Search

Telecom - Staff Letter addressed to Jordan Deng (CIK Telecom Inc.)

Ottawa, 24 May 2024

Our reference: 8622-C143-202209246

BY EMAIL

Jordan Deng
Chief Executive Officer
CIK Telecom Inc.
241 Whitehall Drive
Markham, Ontario L3R 5G5
jordan.d@ciktel.com

Subject: CIK Telecom Inc. Part 1 application for non-discriminatory and timely access on reasonable terms and conditions to Strata Plan EPS 757– Request for disclosure of information designated as confidential

Dear Jordan Deng,

In a letter dated 29 November 2023, Commission staff requested CIK Telecom Inc. (CIK) to file its proposed multi-dwelling unit (MDU) access agreement that was last provided to Strata Plan EPS 757 (EPS 757). On 4 December 2023, pursuant to section 39 of the Telecommunications Act (the Act), CIK filed the entirety of its MDU access agreement in confidence with the Commission.

Per section 39(4) of the Act, if information designated as confidential is submitted in the course of proceedings, the Commission may disclose the information or require its disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest. In making such a determination, a number of factors are considered, including the importance of the information for the purpose of obtaining a more fulsome public 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, as amended by Broadcasting and Telecom Information Bulletin CRTC 2010-961-1.Footnote1

Based on the arguments advanced by EPS 757 in its answer, in which it argues that CIK’s proposed MDU access agreement (the agreement) contains unreasonable access terms, Commission staff has reviewed the agreement and considers that it would be in the public interest to disclose on the public record the provisions of the agreement that EPS 757 has identified as unreasonable.

Commission staff is of the view that disclosure on the public record of the provisions at issue would allow the Commission to more effectively explain its decision on the Part 1 application and enable the public to better understand the Commission’s rationale and position regarding the specific provisions in the MDU access agreement. In addition, disclosure of the provisions at issue, along with the Commission’s analysis of them, would provide guidance to parties in similar MDU access disputes as to how the Commission views these types of provisions. Such guidance would assist TSPs and MDU owners in negotiating reasonable and equitable MDU access agreements.

Commission staff is also of the view that disclosing these provisions would not result in material financial loss or prejudice the competitive position of CIK. Given that telecommunications service providers are required, pursuant to the MDU access framework, to make publicly available MDU access agreements they have entered into with MDU owners, staff considers that the public disclosure of the relevant information would have a limited impact on CIK’s competitive position. Therefore, public disclosure of the agreement would  not result in significant material losses that would cause CIK specific direct harm. In addition, the requested disclosure does not encompass the entirety of the MDU access agreement, or the details of the negotiations or strategies involved. Rather, the request is limited to specific provisions of the agreement. Staff is further of the view that the public interest outweighs the specific and direct harm likely to result from public disclosure of the relevant information.

In light of the above, Commission staff requests that the provisions of the MDU access agreement listed in the attachment to this letter be disclosed on the public record. Commission staff requests that CIK file revised abridged documents giving effect to the above by no later than 3 June 2024. Should CIK instead elect to maintain its confidentiality designation, CIK must file representations with the Commission by 3 June 2024, justifying why the Commission should maintain the confidentiality designation of the provisions of the MDU access agreement listed in the attachment.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Sat D. Harwood, Lesperance Mendes Lawyers, sdh@lmlaw.ca
Rudy Rab, CRTC, rudy.rab@crtc.gc.ca

Attach. (1)

CIK(CRTC)23Nov2023-1

CIK is to disclose on the public record the following provisions from its MDU access agreement:

Date modified: