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Letter
by email: mirko.bibic@bell.ca
Ottawa, 6 October 2008
Mr. Mirko Bibic
Chief, Regulatory Affairs
Bell Canada
110 O'Connor St. 14th floor
Ottawa, Ontario K1P 1H1
Subject: Internal Reorganization –
Bell ExpressVu Limited Partnership
Rapids 408146
Dear Sir:
Commission staff has examined the correspondence of 26 August 2008 filed by Bell Canada on behalf of Bell ExpressVu Inc. (the general partner), and BCE Inc. and Bell Canada (partners in BCE Holdings G.P., a general partnership that is the limited partner), carrying on business as Bell ExpressVu Limited Partnership (collectively ExpressVu LP), with respect to a future reorganization of the partnership structure of ExpressVu LP.
ExpressVu LP operates a satellite relay distribution undertaking, a direct-to-home (DTH) satellite distribution undertaking, a video-on-demand programming undertaking, a DTH pay-per-view (PPV) programming undertaking, a terrestrial PPV programming undertaking, and received approval in Broadcasting Decision CRTC 2007-307 to operate a new regional PPV not yet in operation (collectively ExpressVu broadcasting undertakings).
The proposed reorganization would introduce a new limited partnership, BCE Holdings Limited Partnership (Holdings LP), between ExpressVu LP and BCE Holdings G.P. The partners of Holdings LP would be BCE Inc. (general partner) and BCE Holdings G.P. (limited partner). At a later date, BCE could transfer its interest in BCE Holdings G.P. to Bell Canada and wind up BCE Holdings G.P. As a result, Holdings LP would become the limited partner in ExpressVu LP.
Commission staff notes that the corporate partners of ExpressVu LP, which are also licensees of ExpressVu broadcasting undertakings, would remain Bell ExpressVu Inc., Bell Canada and BCE Inc. Furthermore, effective control of ExpressVu LP and the broadcasting undertakings would not be impacted and would continue to be exercised by BCE Inc.
Considering that the proposed reorganization would not involve the insertion of a corporation with share capital, that no new licences would be required and that effective control would not change, Commission staff concurs with the applicant that this reorganization does not require the Commission's prior approval.
Commission staff also understands that the proposed reorganization would not affect ExpressVu LP partnership's agreement currently in place and approved by the Commission.
Although the proposed reorganization is not subject to Commission's prior approval, it does trigger an amendment to the name and description of the partnership on the licences operated in partnership by ExpressVu LP. Therefore, ExpressVu LP shall provide to the Commission a confirmation of the completion of the reorganization within 30 days of the closing of the transaction, together with the name of the new partnership, in both languages if applicable, as well as the date and jurisdiction under which it was established, the number of issued units and distribution to the partners. Upon receipt of this information, the Commission will amend the licences and update its records accordingly.
This letter as well as the correspondence of 26 August 2008 will be added to the public file and be made available on the Commission's website.
Lyne Renaud
Director, Ownership and Acquisitions
Policy Development and Research
CRTC
Date Modified: 2008-10-06 |