ARCHIVED - Telecom Commission Letter Addressed to Philippe Gauvin (Bell Canada) and David Marshall (Duxbury Law Professional Corporation)
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Ottawa, 19 December 2014
Our reference: 8690-C210-201409219
BY EMAIL
Mr. Philippe Gauvin
Bell Canada
Senior Counsel – Regulatory Law and Policy
Floor 19, 160 Elgin Street
Ottawa, Ontario K2P 2C4
philippe.gauvin@bell.ca
bell.regulatory@bell.ca
Mr. David Marshall
Solicitor
Duxbury Law Professional Corporation
500 – 1 King Street West
Hamilton, Ontario L8P 1A4
david@duxburylaw.ca
RE: An application made on behalf of the City of Hamilton with respect to the establishment of a Municipal Access Agreement between the City and Bell Canada and associated matters – Commission determination regarding information to be designated as confidential
Dear Sirs,
This letter addresses a request by Bell Canada for a Commission determination regarding information designated as confidential in the context of the proceeding initiated by the above-referenced application (the application) from the City of Hamilton (the City).
On 18 September 2014, the Commission invited Bell Canada to designate the information for which it was seeking confidential treatment.
On 23 October 2014, Commission staff issued a letter indicating that some documents submitted by the City as part of the application should be treated confidentially and therefore not disclosed on the public record.
However, in that same letter, Commission staff disagreed with Bell Canada’s position that the various diagrams of the company’s network included as part of the application should be granted confidential treatment.
On 13 November 2014, Bell Canada filed a request for a Commission determination with respect to the disclosure of diagrams of Bell Canada’s underground network submitted by the City.
Commission’s determination
The Commission notes that the present request is limited to the treatment to be afforded to the diagrams identifying the location of Bell Canada’s network, which were submitted as part of the application.
The Commission considers that the disclosure of diagrams on the record of this proceeding could potentially affect the reliability and integrity of Bell Canada’s network.
The Commission further considers that the harm in releasing this information outweighs the public interest in this specific information in relation to the present proceeding. The Commission considers that the exact location of Bell Canada’s network infrastructure is not needed for interveners, if any, to understand the proper context of the application and to be in a position to make meaningful comments.
In light of the above, the Commission finds that all diagrams depicting Bell Canada’s network are not to be disclosed on the public record associated with the application.
Sincerely,
Original signed by
John Traversy
Secretary General
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