Email : enordholm@thefightnetwork.com; rmalcomson@goodmans.ca FAX: 414-777-7439 (Mr. Nordholm) and 416-979-1234 (Mr. Malcolmson)
Ottawa, 5 May 2010
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Re: |
Withdrawal of item 3 - Fight Media Inc. Broadcasting Notice of Consultation CRTC 2010-138
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Dear Sirs:
Further to Broadcasting Notices of Consultation 2010-138, 2010-138-1 and 2010-138-2, please note that the Commission has determined that the above-mentioned item is to be withdrawn from this public hearing and rescheduled at a later date for the following reasons.
The Commission notes the existence of an ongoing civil proceeding in the Ontario Superior Court, which, among other things, involves a dispute over the ownership of the voting shares in The Fight Network (TFN) Global Inc., the owner of the current licensee, TFN Inc.
The Commission notes that it was unaware of this proceeding when it placed Fight Media Inc.’s (Fight Media) application on the agenda for this public hearing, and that the existence of the civil proceeding was only brought to its attention through interventions filed in opposition to Fight Media’s application.
The Commission further notes that the resolution of the dispute regarding the ownership of voting shares in TFN Global Inc. falls within the jurisdiction of the Ontario Superior Court.
Given that the current ownership of TFN Global Inc. is in dispute, the Commission considers that it would be inappropriate for it to consider Fight Media’s application to acquire the assets of TFN Inc. The Commission will be prepared to reschedule Fight Media’s application once the court proceeding is resolved.
Please note that a copy of the present letter will be added on the Commission examination file. A copy of the letter should also be added to your application to be made available for public examination.
Yours sincerely,
Original signed by
Robert A. Morin
Secretary General
- Date modified: