ARCHIVED - Letter to Ms. Elvira Sáchez de Malicki

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Letter

Ottawa, 29 October 2004

BY FAX: (905) 279-3878

Ms. Elvira Sáchez de Malicki
President
Hola! Canadian Hispanic TV Network Inc.
Malicki & Malicki, Attorneys and Notaries
3020 Kirwin Avenue
Mississauga, Ontario
L5A 2K6

Dear Ms. Sáchez de Malicki,

RE: Application 2003-1816-4 / Broadcasting Decision
CRTC 2004-464, 21 October 2004

This is further to your emails and conversations with Commission staff following the publication of the Commission's decision in Hola! Canadian Hispanic TV Network - Category 2 specialty service, Broadcasting Decision CRTC 2004-464, 21 October 2004 (Decision 2004-464). In these emails and conversations, you informed the Commission that the decision made no reference to a reply which you stated had been properly filed on July 26th 2004 in response to Telelatino Network Inc.'s intervention.

Commission staff has located the reply, and has confirmed that this reply, while properly filed, was inadvertently omitted from the public record. The Commission sincerely regrets the inconvenience caused by this omission.

Given that the Commission's decision was reached on the basis of an incomplete record, fairness dictates that the Commission examine the complete record of the proceeding, which includes the reply filed on July 26th 2004. The Commission will do so and a decision will be issued shortly.

The Commission has also received your submission dated 24 October 2004. This submission, however, does not merely address the issue of the omitted reply but also raises a number of arguments on the substantive merits of Decision 2004-464. The Commission considers that arguments on the merits of Decision 2004-464 are beyond the scope of its examination of the record of the proceeding.

The Commission is therefore returning your submission dated 4 October 2004; any other substantive submissions that may have been received after July 26th 2004 will also be excluded from the record.

Yours sincerely,

ORIGINAL SIGNED BY John Keogh
for/

Diane Rhéaume
Secretary General

cc. Aldo DiFelice (aldo@tlntv.com

President
TLN Telelatino Network
Fax:  (416) 744-0966
5125 Steeles Avenue West
Toronto, Ontario
M9L 1R5

Date Modified: 2004-11-02

Date modified: