ARCHIVED - Telecom Commission Letter - 8661-C12-200608672
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LetterOttawa, 23 November 2006
File Nos: 8661-C12-200608672 To: Interested Parties to Continued need for the regulatory constraints applicable to toll and toll-free services , Telecom Public Notice CRTC 2006-10, 7 July 2006 (Public Notice 2006-10) Re: Public Notice 2006-10 - Requests for further responses to interrogatories and for disclosure of information This letter addresses requests by the Consumer Groups for further responses to their interrogatories and for disclosure of information for which a claim for confidentiality has been asserted. As noted in its letter dated 30 October 2006 , the Commission intends to issue further interrogatories in this proceeding. As indicated in that letter, at that time the dates set out at paragraphs 28, 29 and 30 of Public Notice 2006-10 will be revised. The Commission received responses to interrogatories in the proceeding initiated by Public Notice 2006-10 between 22 September 2006 and 9 November 2006. The Public Interest Advocacy Centre (PIAC), on behalf of the Consumer's Association of Canada, the National Anti-Poverty Organization and l'Union des consommateurs (collectively, the Consumer Groups), filed a letter on 29 September 2006, requesting further responses to interrogatories and the disclosure of information filed in confidence in the above-noted proceeding. The Consumer Groups' requests were addressed to Bell Aliant Regional Communications, Limited Partnership (Bell Aliant), Bell Canada , SaskTel Telecommunications (SaskTel) and TELUS Communications Company (TCC). Responses to the requests were received, on 6 October 2006 , from Bell Aliant, Bell Canada , SaskTel and TCC. Part I - Requests for Disclosure Requests for disclosure of information for which confidentiality has been claimed are assessed in light of sections 38 and 39 of the Telecommunications Act and section 19 of the CRTC Telecommunications Rules of Procedure (the Rules). In evaluating a request, an assessment is made as to whether there is any specific direct harm likely to result from disclosure of the information in question. Further, in order to justify a claim of confidence, any such harm must be sufficient as to outweigh the public interest in disclosure. In making this evaluation, a number of factors are taken into consideration, including the following. The degree of competition that exists in a particular market is an important consideration in assessing requests for disclosure. All things being equal, the greater the degree of actual or expected competition in a particular market, the greater the specific direct harm that could be expected to result from disclosure. Another factor in assessing the extent of harm is the expected usefulness of the information at issue to parties in furthering their competitive positions. In this regard, an important consideration is the degree to which the information at issue is disaggregated. Generally speaking, the more aggregated the information, the less likelihood that harm will flow from its disclosure. The expectation that specific direct harm might result from disclosure is not, by itself, sufficient to justify a claim of confidentiality. In certain circumstances, substantial harm from disclosure may still be outweighed by the public interest in disclosure of the material. Finally, the treatment of confidentiality requests should not be taken as an indication of the manner in which such matters would be dealt with in the future, under different circumstances . Having regard to all of the above considerations, the Consumers Groups' requests for disclosure of information filed with the Commission under a claim of confidentiality, with the exception of the information detailed below, has been denied. Part II - Requests for Further Responses With regard to requests for further responses, the requirements of subsection 18(2) of the Rules apply. The general principles enunciated by the Commission in past proceedings include the following. The major consideration is the relevance of the information requested to the matter at issue. The availability of the information requested is also a factor, which is balanced against the relevance of the information. If the provision of the information sought would require an effort disproportionate to the probative value of the information itself, further responses will not be required. Another factor considered is the extent to which an answer is responsive to the interrogatory as originally asked. Generally, parties are not required to provide further responses to requests for further information from a party that did not ask the original interrogatory. Having regard to all of the above considerations, the parties are not required to provide any further responses to the Consumer Groups, with the exception of the information detailed below. Part III - Interrogatory Bell Canada (Consumer Groups)1Sep06-6 PN 2006-10 Commission staff notes the request by the Consumer Groups to have the answer to interrogatory Bell Canada (Consumer Groups)1Sep06-6 PN 2006-10 [1] filed in confidence with the Commission and with the Consumer Groups only, upon the exchange of a non-disclosure agreement with Bell Canada . In response, Bell Canada indicated that the Consumer Groups' request applied to two categories of information: i) demographic information about Bell Canada's long distance subscribers; and ii) studies of Canadian consumers' use of and attitudes toward the Internet. In terms of the second category of information, Bell Canada noted that it subscribes to two publications that track Canadians' use of, and attitudes towards, the Internet, the latest editions of which contained data current to the second quarter of 2006: The Canadian Interactive Reid Report, published by Ipsos Reid and Cybertrends, published by ComQuest Research, both of which are copyrighted and contain proprietary market research data that is only available to subscribers on payment of subscription fees (the Two Publications). With respect to the latter category of information, Bell Canada agreed to the Consumer Groups' request on condition that the information would be provided, in confidence and upon execution of an appropriate non-disclosure agreement between PIAC's and Bell Canada's counsel, solely to counsel for PIAC and solely for the purpose of this proceeding and the copy would be returnable to counsel for Bell Canada at the conclusion of this proceeding. No other party objected to this arrangement. Commission staff considers that this information is likely to be relevant and, as the two parties are in agreement to the proposed arrangement and no party objected to it, Bell Canada is to file by 8 December 2006 in confidence with the Commission the [s1] Two Publications. In addition, Bell Canada is to provide to PIAC's legal counsel and any expert retained by it in the context of this proceeding, upon the exchange of a mutually agreed upon non-disclosure agreement between PIAC's legal counsel and/or expert and Bell Canada's legal counsel, by no later than 8 December 2006, the Two Publications. Commission staff notes that this requirement is on condition that the Two Publications are to be used by PIAC's legal counsel and/or expert solely for the purpose of this proceeding and that they are returnable to counsel for Bell Canada at the conclusion of this proceeding. In addition, Bell Canada and PIAC's legal counsel and/or expert are required to file with the Commission by 1 December 2006 their mutually agreed upon and signed non-disclosure agreement(s). If the parties are unable to agree on the terms of the non-disclosure agreement, they are to submit to the Commission by 1 December 2006, a request for a determination on the terms under the dispute. With respect to the first category of information, Commission staff considers that the information is likely to be relevant but considers that the specific direct harm to Bell Canada that might result from its disclosure outweighs the public interest in disclosure of the material. Further Commission staff notes that there is no agreement by Bell Canada to file the information in confidence with PIAC. In the circumstances, Bell Canada is to file with the Commission, in confidence if it so wishes, any other surveys, studies, figures or other documents in its possession profiling the demographics of Bell Canada's basic toll subscribers by 8 December 2006 [s2] . Yours sincerely, 'Original signed by N. Froese' (for)
Suzanne Bédard cc : Nora Froese, CRTC (819) 997-4654 [1] Bell Canada (Consumer Groups)1Sep06-6 PN 2006-10: Please provide any surveys, studies, figures or any other document profiling the demographics of Bell Canada basic toll subscribers. Distribution List
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