ARCHIVED - Broadcasting - Commission Letter to Mr. Harder

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Ottawa, 18 October 2002

Mr. Peter Harder
Deputy Minister
Department of Industry
CD Howe Building
235 Queen Street
Ottawa, Ontario
K1A 0H5

Dear Mr. Harder:

Re: Complaint by the Black Market Coalition alleging that CTY Telecom is operating an unlicensed broadcasting distribution undertaking

As you are aware, the Canadian Cable Television Association (CCTA), on behalf of the Black Market Coalition (the Coalition), filed a complaint with the Commission on 28 March 2002 alleging that CTY Telecom (CTY) was operating an unlicensed broadcasting distribution undertaking in contravention of section 32 of the Broadcasting Act (the Act). In its complaint, the Coalition requested that the Commission issue a mandatory order against CTY, requiring it to cease and desist its unauthorized activities.

In Complaint by the Black Market Coalition alleging that CTY Telecom is operating an unlicensed broadcasting distribution undertaking, Decision CRTC 2002-319, 18 October 2002 (copy attached), the Commission has found that the record of its proceeding does not support a conclusion that CTY is carrying on a broadcasting undertaking in Canada. CTY's activities are therefore not subject to the Act. The Commission will, therefore, not initiate any proceeding with regard to the issuance of a mandatory order against CTY. However, as noted in its decision, in the course of this proceeding, CTY has clearly admitted that it is involved in both black and grey market activities involving EchoStar's Dish Network direct broadcast service (see CTY's submission, 27 May 2002, p. 2, attached). As a result of CTY's statements, the Commission is forwarding, with this letter, the complete record of the proceeding to the Department of Industry so that it may take any action necessary with respect to CTY pursuant to the Radiocommunication Act, including the transmittal of the record to enforcement agencies.

The Commission has also notified Dish Network (copy of its letter attached) of the activities of CTY in Canada.

Thank you for your attention to this matter.

Sincerely,
Diane Rhéaume
Acting Secretary General

Attachments.

Cc: Janet Yale, CCTA
Larry Ormodia, CTY
David Moskowitz, EchoStar

Date Modified: 2002-10-18

Date modified: