Order CRTC 2001-701

Ottawa, 17 September 2001

Approval of non-disclosure agreement for third-party Internet access services provided by smaller cable carriers

Reference: 8340-C13-0648/00

In this order, the Commission approves, with changes, a standard non-disclosure agreement for third-party Internet access services provided by smaller cable carriers.

In Order CRTC 2000-1079, Approval of CSG agreement for third-party Internet access services provided by larger cable carriers, dated 30 November 2000, the Commission approved a standard Customer Services Group (CSG) agreement governing access service requests of competitor Internet service providers (ISPs) to Cogeco Cable Canada Inc., Rogers Communications Inc., Shaw Communications Inc., and Vidéotron ltée (collectively, the larger carriers). The Commission also started a proceeding to consider a standard non-disclosure agreement applicable to the smaller carriers (i.e, the incumbent cable carriers other than the larger carriers) that offer both higher speed retail Internet services and access services. This non-disclosure agreement would protect competitively sensitive ISP information. The Commission directed the Canadian Cable Television Association (CCTA) and the Canadian Cable Systems Alliance (CCSA), to enter into negotiations on behalf of smaller carriers, with the Canadian Association of Internet Providers (CAIP), acting on behalf of the ISPs, with respect to a standard non-disclosure agreement.

The CCTA filed a proposed agreement, which was supported by the CCSA. CAIP filed comments and the CCTA filed reply comments.

Following consideration of the CCTA's and CAIP's comments and proposals with respect to the drafting of various clauses, the Commission approves the text of the proposed standard non-disclosure agreement filed by the CCTA, with the following changes:

a) Section 3.2 is to be amended to read as follows:

Without limiting the preceding, the Company agrees to use the same degree of care to protect Confidential Information as it uses to protect its own Confidential Information from unauthorized disclosure and, in any event, no less than a reasonable degree of care. The Company shall notify the Customer in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information. The notice shall identify the Confidential Information, the date of unauthorized disclosure or use, and, where applicable, to whom the Confidential Information was disclosed or the nature of the unauthorized use. Where possible, the Company shall obtain the return of the Confidential Information and prevent unauthorized use of that information.

b) The following is to be inserted as section 3.3:

After the two-year period following termination of TPIA Service, referred to at Article 6 of the Agreement, the Company will, at the request of the Customer, take all reasonable steps to return or destroy the Customer's Confidential Information.

c) Section 6 is to be amended to read as follows:

This Agreement shall be effective from the ______ day of _____, and shall remain in full force and effect as long as the TPIA Services are provided to the Customer and for a further two-year period following termination of such Services.

The CCTA is to file the revised agreement for the Commission's information within 30 days.

To assist the Commission to determine whether it would be appropriate to apply these changes to the CSG agreement governing access service requests to the larger carriers, the CCTA is invited to show cause within 30 days why the non-disclosure provisions of the standard CSG agreement for the larger carriers should not be amended to be consistent with the standard non-disclosure agreement for the smaller carriers.

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: www.crtc.gc.ca