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Telecom - Staff Letter addressed to the Distribution List

Gatineau, 15 May 2025

Reference: 1011-NOC2023-0056

BY EMAIL

Distribution List

Subject: Procedural letter - Items filed pursuant to Telecom Notice of Consultation CRTC 2023-56, Notice of hearing – Review of the wholesale high-speed access service framework – Cable Carriers follow-up to Telecom Order CRTC 2025-13 - staff ruling on disclosure requests of certain information filed in confidence

This letter addresses requests for disclosure of information filed in confidence in the above-noted proceeding by Bragg Communications Inc. (“Eastlink”), Rogers Communications Canada Inc. (“Rogers”), and Quebecor Media Inc., on behalf of Vidéotron Ltd. (Vidéotron).

On 31 January 2025, the Competitive Network Operators of Canada (“CNOC”) filed a request for disclosure of information for which confidentiality had been claimed regarding Eastlink TN 46A, Rogers TN 79, and Vidéotron TN 63. Eastlink, Rogers, and Vidéotron filed responses to these requests for disclosure on 10 February 2025.

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 section 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 more fulsome 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, as well as reply comments from Eastlink and Rogers, and considers that disclosure of certain information, as specified in Attachment 1 of this letter, is appropriate and in the public interest.

Commission staff has reviewed the reply comments from Vidéotron and considers that its revised submissions, which were produced in response to CNOC’s disclosure requests, are sufficient to address the requests for disclosure.

Disclosure

Commission staff sets out the following process to address disclosure.

Eastlink and Rogers are to disclose the information specified in Attachment 2 of this letter, by 26 May 2025.

The information is to be filed with the Commission and served to all parties in the attached distribution list.

Any party may submit comments with respect to the additional information directed to be disclosed by 02 June 2025, serving a copy to Eastlink and Rogers. Eastlink and Rogers may reply to any such comments by no later than 09 June 2025.

Sincerely,

Original signed by

Chris Noonan
Director, Competitor Services & Costing Implementation
Telecommunications Sector

c.c.: Josée Line Gendron, JoseeLine.Gendron@crtc.gc.ca
Philip Rokicki, PhilipRokicki@crtc.gc.ca

Attach. (2): Distribution List
Disclosure of Information

Distribution list:

Disclosure of Information

Eastlink

Eastlink TN 46A filed on 30 April 2024, Regulatory Economic Study in Support of Aggregated Hybrid Fibre-Coaxial Cable Third Party Internet Access Service.

For the listed table provided as an attachment to the study report, disclose the following:

  1. Attachment 1, Table 12 – Detailed Demand Information: Disclose the Wholesale Year-End Capacity Demand in 100 Mbps, for 2023 and the Forecasted Years.

Rogers

Rogers TN 79 filed 22 June 2023, Economic Evaluation for Aggregated Fibre to the Node Third Party Internet Access (TPIA) Service.

For the following provided as attachments to the study report, submit abridged copies containing the attachment title, table headings, as well as diagram headings (if applicable):

  1. Attachment Rogers(CRTC)24Aug2024-2A
  2. Attachment Rogers(CRTC)24Aug2024-6A
  3. Attachment Rogers(CRTC)24Aug2024-9A
  4. Attachment Rogers(CRTC)24Aug2024-9B

For the following provided as attachments to the study report, submit abridged copies with disclosure of the following columns:

  1. Attachment Rogers(CRTC)24Aug2024-7C: Disclose the Band, DS (min), DS (max), US (max), DS Implied WFF w/o K, and US Implied WFF w/o K.
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