Wholesale Code

On 24 September 2015, the Commission issued The Wholesale Code. It sets out provisions that govern the commercial arrangements between broadcasting undertakings and should be consulted during negotiations. The Commission will apply the Wholesale Code in resolving broadcasting related disputes.

What does this Mean for You?

All licensees must request dispute resolution from the Commission 120 days before the expiry of any affiliation agreement. Parties that are negotiating lapsed or expired affiliation agreements, or some other form of agreement, must also request dispute resolution from the Commission.

Licensed Broadcasting Distribution Undertakings (BDUs) must file copies of your affiliation agreements 10 days after their execution. Exempt BDUs may choose to do so.

How to File Affiliation Agreements?

Submit executed affiliation agreements via GCKey. Clearly identify each as an "affiliation agreement" and mark as "confidential".

How to File a Request for Dispute Resolution?

Request staff-assisted mediation, final offer arbitration, or an expedited hearing via GCKey. Address your request to "Senior Manager, Alternative Dispute Resolution, Broadcasting" via GCKey or by email, quoting file number "ADR-120." Clearly identify the nature of your dispute and state the rationale for the chosen dispute resolution mechanism. Requests for staff-assisted mediation can also be filed directly by email.

What if Negotiations are Going Well, and We Don't Need Dispute Resolution?

You must still request dispute resolution. However, if both parties agree that negotiations are progressing well, you can write to us setting out the reasons why you believe Commission involvement is not required at the time. Address your request to "Senior Manager, Alternative Dispute Resolution, Broadcasting" via GCKey or by email, quoting file number "ADR-120."

Q & As

Does the Wholesale Code apply to me?

If you are a licensed undertaking, the Code is legally binding on you. If you are an exempt undertaking, or a U.S. Service, the Code applies as a guideline.

When do I have to file for mandatory (120-day) dispute resolution?

Where parties are negotiating expired or lapsed agreements, or other forms of agreement, they must file for dispute resolution 120 days before the expiry of your agreement (e.g., for an agreement expiring 31 August 2016, you must file by 3 May 2016).

How do I file for mandatory dispute resolution?

Address 120-day filings to "Senior Manager, Alternative Dispute Resolution, Broadcasting" via GCKey or email, quoting file number "ADR-120".

Where can I get more information on the Commission's approaches to dispute resolution?

Refer to Information Bulletin 2013-637. Or for the different dispute resolution mechanisms, refer to the Webguide on DR.

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