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Ottawa, 8 July 2011
Our Reference: 8661-C12-201102350, 8638-C12-201016882
BY E-MAIL
To: Distribution List
Dear Madam/Sir:
Re: Request for disclosure of costing information filed in confidence – Telecom Notice of Consultation CRTC 2011-77, Review of billing practices for wholesale residential high-speed access services (NoC 2011-77), as amended by NoC 2011-77-1 and NoC 2011-77-2, and Business Speed Matching proceeding
This letter addresses requests for disclosure of information designated as confidential in the proceeding initiated by Telecom Notice of Consultation CRTC 2011-77, Review of billing practices for wholesale residential high-speed access services (NoC 2011-77), as amended by NoC 2011-77-1 and NoC 2011-77-2, and the Business Speed Matching proceeding.
On 6 July 2011, Canadian Network Operators Consortium Inc. (CNOC) filed requests for disclosure of information designated as confidential provided on 30 June 2011 by Bell Aliant Regional Communications, Limited Partnership in Ontario and Quebec and Bell Canada (collectively the Bell companies), TELUS Communications Company (TELUS), Cogeco Cable Inc. (Cogeco), Rogers Communications Partnership (Rogers), and MTS Allstream Inc.
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). In evaluating a request, an assessment is made as to whether the information falls into a category of information that can be designated confidential pursuant to section 39 of the Act. The Commission then assesses 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 the information to the ability of the Commission to obtain a full and complete record. The factors considered by the Commission are discussed in more detail in Broadcasting and Telecom Information Bulletin CRTC 2010-961 Procedures for filing confidential information and requesting its disclosure in Commission proceedings.
In the Commission staff letter dated 5 April 2011, the Bell companies were directed to disclose their percentage maintenance expenses. Subsequently, in the Commission staff letter dated 13 June 2011, all parties were directed to disclose their proposed rates. The Commission staff letter dated 13 June 2011, also directed parties to provide information on the public record consistent with all previous disclosure requirements in the NoC 2011-77 and the Business Speed Matching proceedings, including those set out in the 13 June 2011 letter. Commission staff considers that some of the information designated as confidential by parties on 30 June 2011 falls within the parameters of the previous disclosure requirements identified in the Commission staff letter dated 13 June 2011.
In light of the above, parties are to place on the public record of this proceeding the information designated as confidential in responses to the interrogatories listed in
Appendix 1, to the extent set out in that Appendix. In each case where full or partial disclosure is to occur, it is considered that the specific direct harm, if any, likely to be caused by disclosure would not outweigh the public interest in disclosure.
Parties are to file on the public record by 8:00am on 11 July 2011 the information set out in Appendix 1.
The above material must be received, not merely sent, by this time and date. Copies of the documents should also be sent to thomas.hui@crtc.gc.ca and doug.thurston@crtc.gc.ca.
Yours sincerely,
Original signed by
Lynne Fancy
Director General
Competition, Costing and Tariffs
Telecommunications
cc: Yvan Davidson, yvan.davidson@crtc.gc.ca
Thomas Hui, thomas.hui@crtc.gc.ca
Doug Thurston, doug.thurston@crtc.gc.ca
Appendix 1 - Disclosure of information designated as confidential
Refer to The Companies(CRTC)13Jun11-1 part b)
For each of FTTN, Legacy (approved) and Weighted Average, the proposed overall cost based rate per GB per month.
Refer to The Companies(CRTC)13Jun11-2 part b)
For each of FTTN, Legacy (approved) and Weighted Average, the proposed overall cost based rate per peak Mbps at 95th percentile.
Refer to The Companies(CRTC)13Jun11-3 part b)
No disclosure required since the actual percentage of circuits that require a POTS splitter is not provided in the response.
Refer to TELUS(CRTC)13Jun11-1
Provide the proposed rates used in the response to the interrogatory.
Refer to MTS Allstream(CRTC)13Jun11-2 part c)
All proposed monthly rates.
Refer to MTS Allstream(CRTC)13Jun11-3
All proposed monthly rates.
Refer to Cogeco(CRTC)13Jun11-2 part b)
For each of the 2006 and 2010 economic study, for each year in the study, maintenance expenses expressed as a percent cumulative CMTS port capital.
Refer to Rogers(CRTC)13Jun11-1 part a)
Provide an abridged version of the attachment referenced in the response.
DISTRIBUTION LIST:
pkgdonovan2@gmail.com; regulatory@vianet.ca; lefebvre@rogers.com; constanlly@rogers.com; lainwired@gmail.com; jim-johnston@cogeco.ca; tracy.cant@ontera.ca; linda_maljan@gov.nt.ca; kevanst.john@gmail.com; Regulatory@sjrb.ca; tom.copeland@caip.ca ; lisagoetz@globalive.com; vince.valentini@tdsecurities.com; crtcubb@douville.org; douglas216@shaw.ca; cataylor@cyberus.ca; jkolyn@ikano.com; angusoliver320@gmail.com; bcampbell@skywaywest.com; martina.emard@lethbridgecollege.ca; babramson@mccarthy.ca; regulatory@cnoc.ca; bell.regulatory@bell.ca; regulatory@bell.aliant.ca; deschec@ircm.qc.ca; regulatory@execulink.com; jcarter@surenet.net; mike.manvell@switchworks.com; rtwanow@gmail.com; ghariton@sympatico.ca; ctacit@tacitlaw.com; crtcmail@gmail.com; scott@beamdog.com; mmallani@yahoo.ca; charles.lalumiere@globaledgenetwork.net; d.olafson@shaw.ca; wally@ciaccess.com; jared.mcateer@istockphoto.com; thepga@gmail.com; dirkalgera@gmail.com; tfarrelly@bryston.ca; al@purepages.ca; rubenstein.mark@gmail.com; jamiea@storm.ca; glenrfarrell@gmail.com; farmboy69@pppoe.ca; dr.wilson@wilson-research.ca; catrace@xplornet.com; jacqueslee917@gmail.com; spaesani@gmail.com; catherine.middleton@ryerson.ca; apilon@acninc.com; jebouchard@phdvideo.com; ian_fraser@gozoom.ca; scottandkai@rogers.com; dmckeown@viewcom.ca; peterdasilva@yahoo.ca; abriggs@cogeco.ca; fonestarrunner@gmail.com; rwadsworth@sandvine.com; document.control@sasktel.sk.ca; sidneirohr@hotmail.com; ivan@vibrantprints.ca; jae@c-art.com; rem00126@hotmail.com; cmich@rogers.com; tzaritsa1000@hotmail.com; chad.cunningham@cwct.ca; renaonlinenow@gmail.com; tisrael@cippic.ca; jfleger@jflegerlaw.com; andyb@teksavvy.com; samsonmi@tlb.sympatico.ca; andre.labrie@mcccf.gouv.qc.ca; regulatory@primustel.ca; amanevich@heenan.ca; brian@colenet.ca; Regulatory.Matters@corp.eastlink.ca; adena.dinn@calliougroup.com; anlakenews@gmail.com; regulatory@bcba.ca; satkepa@rogers.com; erik.waddell@ic.gc.ca; lukejwohlgemut@hotmail.com; scott@moseley.ca; Smartyjones@sympatico.ca; ricka@zing-net.ca; kirsten.embree@fmc-law.com; hemond@consommateur.qc.ca; rayden@graydenlaing.com; john.temprile@vivosonic.com; yuandme@gmail.com; broxx@shaw.ca; syscool77@hotmail.com; dougheale@yahoo.ca; duarte@aetoronto.ca; eric.leclerc@iaah.ca; jroots@cad.ca; jonathan.holmes@ota.on.ca; mike@mikeaudet.com; mena_samuel@hotmail.com; iworkstation@mtsallstream.com; dennis@iplink.net; rob.olenick@tbaytel.com; shannonbgroves@yahoo.com; t_wardman@hotmail.com; jfmezei@vaxination.ca; scott@zip.ca; ml.auer@sympatico.ca; cbachalo@juniper.net; mdrobac@netflix.com; andrewoca@gmail.com; hannon@rogers.com; hijbji@gmail.com; blackwell@giganomics.ca; david.watt@rci.rogers.com; regulatory.affairs@telus.com; Andreea.Todoran@ic.gc.ca; cjprudham@barrettxplore.com; regulatory@teksavvy.com; regulatoryaffairs@nwtel.ca; reglementa@telebec.com; marcel.mercia@cybersurf.com; reglementation@xittel.net; regulatory@distributel.ca; telecom.regulatory@cogeco.com; regaffairs@quebecor.com; ken.engelhart@rci.rogers.com; crtc@mhgoldberg.com; eric@rothschildco.com; gfletcher@incentre.net; berzins@nucleus.com; slavalevin@ethnicchannels.com; crtc@les.net; LBC_Consulting@live.ca; bob.Allen@abccomm.com; bruce@brucebuchanan.net; chris.allen@abccomm.com; piac@piac.ca; jhpratt@msn.com; crtc@paul.ca; regulatory@lya.com; David.Wilkie@tbaytel.com; regulatory@fibernetics.ca; stephen.scofich@tbaytel.com; telecom@gov.bc.ca; regulatory@telnetcommunications.com; jp@electronicbox.net; pris@pris.ca; michelle.duguay@telus.com; dennis.beland@quebecor.com; marc.@teksavvy.com
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