ARCHIVED - Broadcasting Notice of Public Hearing CRTC 2002-12

Broadcasting Notice
of Public Hearing
CRTC 2002-12

Ottawa, 10 October 2002

The Commission will hold a public hearing commencing on 2 December 2002 at 9:30 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec, to consider the following:

Broadcasting Decision CRTC 2002-255

Netstar Communications Inc. (Netstar) and its affiliate Le Réseau des sports RDS Inc. (RDS) filed a complaint with the Commission on 22 April 2002, alleging that Vidéotron ltée and its affiliated broadcasting distribution undertakings (Vidéotron) are in violation of section 9 of the Broadcasting Distribution Regulations (Regulations).

Section 9 of the Regulations states that no licensee shall give an undue preference to any person, including itself, or subject any person to an undue disadvantage.

On 29 August 2002, the Commission decided in Broadcasting Decision CRTC 2002-255, complaint by Netstar Communications Inc. and its subsidiary Le Réseaux des Sports (RDS) inc. alleging that Vidéotron ltée contravened section 9 of the Broadcasting Distribution Undertaking, that:

1. Vidéotron, by unilaterally reducing the royalties payable to Netstar/RDS gave itself an undue preference and subjected RDS to an undue disadvantage.

2. Vidéotron gave an undue preference to LCN and to itself by unilaterally reducing payments made to RDS, and by not concurrently reducing those payable to LCN.

3. Vidéotron had to make all payments owed to Netstar/RDS that have accumulated from the date that the first unilateral reductions were imposed. Also, within 10 days of this decision, Vidéotron had to provide the Commission with a written explanation of how it intended to comply with this decision.

On 6 September 2002, the Commission received a letter from Vidéotron stating that "under the current circumstances, it does not believe the payment of all sums due to RDS to be appropriate"(translation). Vidéotron also added that "considering the way the CRTC has carried out its inquiry and wrote its decision, Vidéotron is of the view that this is not a case justifying the Commission's call to a public hearing" (translation).

On 10 September 2002, RDS requested that the Commission convene a public hearing at the earliest available date for the purpose of issuing a mandatory order pursuant to section 12 of the Broadcasting Act compelling Vidéotron to comply with the Regulations and the Broadcasting Decision CRTC 2002-255.

Further information concerning the exchange of correspondence may be found in the public record of this proceeding. Interested parties should note that additional documents will be added to the public file.

Mandatory order

Pursuant to section 12 of the Broadcasting Act, the Commission calls Vidéotron ltée to the public hearing to inquire into, hear and determine whether a mandatory order should be issued.

The Commission expects representatives from Vidéotron ltée, its holding companies and any of its affiliated distribution undertakings, to attend the hearing.

Vidéotron is expected to show cause at this hearing why a mandatory order requiring it to comply with section 9 of the Regulations, as well as Broadcasting Decision CRTC 2002-255, should not be issued.

Call for comments - Three phase process

In order to gather additional information with respect to this application and to co-ordinate the Commission's efforts more efficiently, the Commission establishes the following public process:

Phase 1 :

The Commission requires that no later than 24 October 2002, Vidéotron file any documentation and arguments it believes pertinent and justifies why a mandatory order requiring it to comply with section 9 of the Regulations, as well as Broadcasting Decision CRTC 2002-255, should not be issued.

The above information will be placed on the public file upon receipt to permit all parties to comment.

Phase 2 :

The Commission invites interested parties to provide written comments concerning the documentation and arguments filed by Vidéotron. Interested parties have until 4 November 2002 to file their comments and send a copy of their submission to Vidéotron at the address below. The complete process for filing comments is outlined at the end of this notice.

Phase 3 :

The Commission will give Vidéotron until 12 November 2002 to reply to the comments filed in Phase 2 of this proceeding.

Procedure for filing comments

Licensee's address

Vidéotron ltée
300 Viger Avenue East
Montréal (Quebec)
H2X 3W4
Fax: (514) 380-4664

PUBLIC PARTICIPATION

DEADLINE FOR COMMENTS
4 November 2002

The comments must be received by the CRTC and by Vidéotron ON OR BEFORE the above-mentioned date. The Commission cannot be held responsible for postal delays.

Your comments will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions.

Submit your written comments to the Secretary General of the Commission in ONLY ONE of the following formats:

by electronic mail to
procedure@crtc.gc.ca

OR

by mail at
CRTC, Ottawa, Ontario, K1A 0N2

OR

by fax to the
Secretary General - (819) 994-0218

A true copy MUST be sent to Vidéotron and proof that this has been done must accompany the comments sent to the Commission.

Where the comments are filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.

Please note that only the documents electronically filed will be available on the Commission's web site. You will be able to access these documents by indicating the notice of public hearing number.

Each paragraph of the document should be numbered.

In exceptional circumstances, the Commission may allow an intervenor to present its comments by teleconference. At the time of filing its comments, the intervenor must clearly indicate why the Commission should grant such a request.

Persons requiring communications support such as assistive listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

EXAMINATION OF DOCUMENTS DURING NORMAL OFFICE HOURS

Documents are available at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these complaints or, upon request, within 48 hours, at any other CRTC offices and documentation centres.