Telecom - Staff Letter addressed to the Distribution List
Gatineau, 11 August 2025
References: 8622-B89-202405711, 8640-Q33-202500090, 8622-B89-202503086
BY EMAIL
Distribution list
Subject: Applications regarding the state of competition and regulatory forbearance in the Quebec and Ontario Internet services markets, 8622-B89-202503086, Request for disclosure of information
This letter addresses Bravo Telecom (Bravo)’s request, filed on 10 July 2025, for disclosure of information by Bell Canada Inc. (Bell). Bravo indicated that its request for disclosure is filed pursuant to section 39(4)(a) of the Telecommunications Act (the Act). Bravo requested the following information: wholesale service cost data; accounting data pertaining to retail rate margins; segmented rate and financial data; and operating data of subsidiaries on third-party (cable) networks. Bravo stated that this information is necessary to substantiate its allegation that Bell is engaged in anti-competitive practices.
On 21 July 2025, Bell filed a response in which it stated that there was no legal basis for Bravo’s request and that the request is an improper challenge of a separate ongoing proceeding related to Notice of hearing – Review of the wholesale high-speed access service framework, Telecom Notice of Consultation CRTC 2023-56, 8 March 2023 (NoC 2023-56). Bell also stated that, except for where the information is already publicly available, the type of information being requested is consistently granted confidential treatment by the Commission, and that its disclosure would cause material financial loss and specific direct harm to Bell.
On 29 July 2025, Bravo filed a response stating that Bell’s claims are unfounded, purely procedural, and aimed at delaying the proceeding. Bravo also stated that this case differs from NoC 2023-56 and is therefore subject to different evidentiary requirements. Bravo maintained that the public interest in disclosure outweighs any harm that Bell may experience if the information were disclosed. Bravo also noted section 28(1)(a) of the CRTC Rules of Practice and Procedure (the Rules of Procedure), under which the Commission can require a party to provide information that the Commission considers necessary to enable it to understand the substance of the proceeding.
On 4 August 2025, Transat Telecom filed a letter to add new evidence to the record, amend its initial Part 1 application, and indicate its support for Bravo’s request for disclosure of information.
Sections 38 and 39 of the Act and the associated provisions in the Rules of Procedure specifically address requests for disclosure of information submitted to the Commission.
However, Commission staff notes that the information requested by Bravo was not previously submitted to the Commission by Bell in this proceeding. While Bravo cited section 39(4)(a) of the Act, which addresses the disclosure of information submitted in proceedings, in effect, Bravo has made its own request for information to add evidence to the record of the proceeding. As such, the information sought by Bravo is not eligible for a disclosure request.
For information that has been filed in confidence on the record of a proceeding, parties may submit disclosure requests. 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, several 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 notes that some of the requested information is already publicly available as a result of Bell’s participation in the NoC 2023-56 proceeding, which led to Competition in Canada’s Internet service markets, Telecom Regulatory Policy CRTC 2024-180, 13 August 2024.
However, even if the remaining information requested were submitted by Bell on the record of this proceeding, Commission staff considers, based on how the Commission has treated similar disclosure requests in other proceedings, that most of this information would contain sensitive business information and that the potential harm caused by its disclosure would likely outweigh the public interest.
As for the Commission’s power to request information under section 28(1)(a) of the Rules of Procedure, Commission staff notes that the Commission has the discretion to request additional information from parties. Commission staff may consider issuing such requests following the close of the intervention and reply period.
Considering the above, Bravo’s request for disclosure of information is denied.
Sincerely,
Original signed by
Philippe Kent
Director, Telecommunications Services Policy
Telecommunications Sector
c.c.:
Philippe Kent, Director, Telecommunications, CRTC, philippe.kent@crtc.gc.ca
Andrew Gaiero, Manager, Telecommunications, CRTC, andrew.gaiero@crtc.gc.ca
Mason Rodney, Analyst, Telecommunications, CRTC, mason.rodney@crtc.gc.ca
Bravo Telecom, legal@bravotelecom.com
Transat Telecom, hbelgharbi@transattelecom.ca
Bell Canada, bell.regulatory@bell.ca
Community Fibre Company, ben@communityfibre.ca
Competitive Network Operators of Canada & Independent Telecommunications Providers Association, jkrane@mltaikins.com & geoff@batstonelaw.com
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