Telecom - Staff Letter addressed to the Distribution List
Ottawa–Gatineau, 3 February 2025
Reference(s): 8662-C6-202405753
BY EMAIL
Distribution List
Subject: Application to Review and Vary Telecom Regulatory Policy 2024-180 regarding whether Bell Canada, Rogers and Telus should have access to wholesale HSA services – Requests for Disclosure
We are responding to a 15 January 2025 request by Marc Nanni for disclosure of information filed in confidence as part of the consolidated process established to consider applications to review and vary Telecom Regulatory Policy 2024-180.
Mr. Nanni made three specific disclosure requests. First, Mr. Nanni requested that Bell Canada, Competitive Network Operators of Canada, Cogeco, Eastlink, TELUS, SaskTel, Rogers, Videotron, and Xplore each disclose the list of companies or organizations with which they have discussed off-tariff agreements (OTAs), as requested in Commission RFI Question 2 issued on 11 December 2024.
Second, Mr. Nanni requested that Bell Canada disclose the document referenced at paragraph 98 of its 7 January 2025 intervention by 23 January 2025. If this document is not produced, Mr. Nanni requested that Bell Canada file an updated intervention with paragraph 98 stricken from the record.
Third, Mr. Nanni requested that TELUS disclose the information designated as confidential in its reply to Commission RFI Question 11C issued on 10 December 2024.
Requests for disclosure are addressed considering sections 38 and 39 of the Telecommunications Act (the Act) and sections 30 to 33 of the CRTC Rules of Practice and Procedure (the Rules of Procedure). First, Commission staff assesses whether the information falls into a category of information that can be designated confidential pursuant to section 39 of the Act. Staff then considers whether there is any specific direct harm likely to result from the disclosure of that information and whether any harm outweighs the public interest in its disclosure.
Commission staff considers that the information sought in Mr. Nanni’s first request is commercially sensitive and should remain confidential. Disclosure of this information could harm the competitive positions of parties in current or future OTA negotiations. Furthermore, Mr. Nanni offered no reasons as to how the requested disclosure would benefit the public interest. In this situation, Commission staff considers that the risk of harm that could result from disclosure of this information outweighs the public interest in its disclosure.
Regarding Mr. Nanni’s second request, document production under section 29 of the Rules of Procedure must also be denied. Section 29 of the Rules of Procedure must be read in conjunction with section 30 of those Rules as well as sections 38 and 39 of the Act. A request under section 29 is not available in this case because the document referenced at paragraph 98 of Bell Canada’s 7 January 2025 intervention was designated as confidential, and this designation has not been rescinded.
Finally, Commission staff is of the view that Mr. Nanni’s third request cannot be fulfilled because TELUS did not file any information designated as confidential in its response to RFI Question 11C.
As a result, Commission staff denies Mr. Nanni’s disclosure requests.
Sincerely,
Original signed by
Philippe Kent
Director, Telecommunications Services Policy
Telecommunications Sector
c.c.:
Adam Mills, CRTC, adam.mills@crtc.gc.ca
Greg Lang, CRTC, greg.lang@crtc.gc.ca
Dan Mackwood, CRTC, daniel.mackwood@crtc.gc.ca
Attach (1) Distribution list
Distribution List
Bell Canada, bell.regulatory@bell.ca;
CNOC, regulatory@cnoc.ca;
Cogeco, telecom.regulatory@cogeco.com;
Eastlink, regulatory.matters@corp.eastlink.ca;
RCCI, regulatory@rci.rogers.com;
SaskTel, document.control@sasktel.com;
Shaw, Regulatory@sjrb.ca;
TCI, regulatory.affairs@telus.com;
TekSavvy, regulatory@teksavvy.ca;
Videotron, regaffairs@quebecor.com;
Xplore, cindy.wallace@xplore.ca;
Airnet Wireless Inc., jeptha@airnet.ca;
Allo Telecom, sac@allotelecom.ca;
Ampush, julian.reiche@gmail.com;
André’s Electronics, andre@andres1.com;
Beanfield, todd@beanfield.com;
Bravo Telecom, legal@bravotelecom.com;
British Columbia Broadband Association (BCBA), regulatory@bcba.ca;
Build Nova Scotia, david.finlayson@novascotia.ca;
Canadian Anti-Monopoly Project (CAMP), keldon@antimonopoly.ca;
Canadian Telecommunications Association, esmith@canadatelecoms.ca;
Carry Telecom, frankw@carrytel.ca;
CEDEC, john.buck@cedec.ca;
CIK Telecom Inc, jordan.d@ciktel.com;
Cinéma Péninsule Ltd, 397martin@gmail.com;
City Wide Communications, david@yourcitywide.com;
Coextro, skhandor@coextro.com;
Community Fibre Company, ben@communityfibre.ca;
Competition Bureau, conor.parson@cb-bc.gc.ca;
Competition Bureau, crtc2023-56@cb-bc.gc.ca;
CPC, campbell@campbellpatterson.com;
Cronomagic Canada Inc, bokhari@cronomagic.com;
Custom Communications, kelly.boyd@custom.ab.ca;
Devtel Communications Inc., devin@devtelcommunications.ca;
Eeyou Communications Network, trishtoso@gmail.com;
Execulink, regulatory@execulinktelecom.ca;
Fédération des Coopératives de Câblodistribution et de télécommunication du Québec (FCCTQ), fallaire@ressources.coop;
Federation of Canadian Municipalities, rrizzuto@fcm.ca;
Fibernetics Corporation, regulatory@fibernetics.ca;
First Mile Connectivity Consortium, info@firstmile.ca;
Frontier Networks, cgooey@frontiernetworks.ca;
IGS Hawkesbury Inc., jbogue@hawkmail.ca;
Intelligence Papineau Inc, odenis@ipapineau.tech;
John Roman, johnphiliproman@gmail.com;
Leepfrog Telecom, gchriss@leepfrogtelecom.com;
Lime Telenet, Ryan@limetelenet.com;
Manitoba Coalition, cacmb@mts.net;
Manitoba Coalition, chkla@legalaid.mb.ca;
Manitoba Coalition, kadil@legalaid.mb.ca;
Marc Nanni, mn_crtc@proton.me;
Mazagan Telecom, mazagantelecom@gmail.com;
Michel Mersereau, m.mersereau@utoronto.ca;
National Capital FreeNet, execdir@ncf.ca;
Netrevolution inc., drouleau@gtvr.com;
OpenMedia, erin@openmedia.org;
Public Interest Advocacy Centre, jlawford@piac.ca;
Secure by Design, kirk@secure-by-design.com;
Securenet, info@securenet.net;
SkyChoice Communications, serge@skychoice.ca;
Spectrum Telecom Group Ltd., ghatton@spectrumtelecom.ca;
Tbaytel, stephen.scofich@tbaytel.com;
Transat Telecom, aboulil@transattelecom.ca;
Truespeed Internet Services Inc., adam@truespeed.ca;
Vaxination Informatique, jfmezei@vaxination.ca;
Vaxxine Computer Systems Inc., president@vaxxine.com;
WaveDirect Telecommunications Limited, regulatory@wavedirect.org
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