ARCHIVED - Letter
This page has been archived on the Web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 March, 2009
By E-Mail
Applicant
Ms. Alyson J. Townsend
President and CEO
Canadian Cable Systems Alliance Inc.
atownsend@ccsa.cable.ca
Respondent
Ms. Susan Wheeler
Vice President, Regulatory Affairs
Rogers Media
susan.wheeler@rci.rogers.com
Dear Mesdames:
Re: Canadian Cable systems Alliance Inc. (CCSA) request for Final Offer Arbitration to resolve a commercial dispute between the CCSA and Rogers Sportsnet Inc. (Rogers)
On 26 February 2009, the CCSA filed a request, pursuant to section 12 of the Broadcasting Distribution Regulations, for Final Offer Arbitration to resolve a commercial dispute between CCSA and Rogers. Alternatively, if the Commission finds that this matter does not qualify for Final Offer Arbitration, CCSA requested that the CRTC conduct an expedited hearing.
The CCSA requested, among other things, that the Commission make a determination on fair and equitable rates for distribution by CCSA Member Companies of the Sportsnet service including: the Sportsnet primary signal, the Sportsnet regional signals, and the Sportsnet HDTV signals. CCSA also noted that the rates at issue include the wholesale rate to be paid by CCSA Member Companies for distribution of the Sportsnet signals in Francophone markets.
On 4 March 2009, Rogers filed a response to the CCSA application.
On 11 March 2009, CCSA replied to Rogers’ response.
In light of the issues raised by the parties in their submissions and in accordance with the expedited process established in Broadcasting and Telecom Information Bulletin CRTC 2009-38, the Commission will render a final determination on this matter on an expedited basis through an oral public hearing.
Consequently, the Commission will establish a Commission panel to conduct a brief oral public hearing on Friday, April 17 2009.
Order of the Proceeding
The attached agenda outlines the expected timing for the proceeding.
Responsibilities of the Parties
The parties are required to bring with them all relevant documentation and knowledgeable personnel. An adverse inference may be drawn from the failure of a party to bring all relevant documentation and knowledgeable personnel to the oral hearing.
For ease of translation and transcription, parties are requested to bring two copies of any written opening and closing remarks.
The parties are also required to provide to Ms. Sheila Perron, at sheila.perron@crtc.gc.ca, and serve on each other, at least 10 days prior to the hearing, the name(s) of the person(s) who will be attending the hearing and their area of expertise.
Filing of Documents
No later than 5PM EST on Thursday, March 26, 2009 the Applicant and the Respondent shall each file with the Commission and serve on each other, a document consisting of a concise argument stating all the facts, Commission requirements and regulatory decisions and, if applicable, decisions of the Courts relied upon in supporting their respective positions. This document shall be no longer than 10 pages in length. The parties may file, as an attachment, a copy of all written material upon which they rely, except material already filed on this record, Commission determinations and any other documentation published by the Commission. The Commission may request further information from one or both parties before or at the oral hearing. The Commission will not accept the filing at the hearing of documentation that has not been requested.
All documents should be filed electronically via the Commission’s website at www.crtc.gc.ca.
Confidentiality
From this point forward, and in relation to this proceeding, where a party designates information filed with the Commission as confidential, it must provide the reasons for its claim for confidentiality at the time it files the information with the Commission and file an abridged version of the document for the public record. If it chooses to do so, the other party (the requesting party) has two days to make representations to the Commission, clearly stating why it considers that the disclosure of the information filed in confidence is in the public interest, serving a copy on the party claiming confidentiality. The party claiming confidentiality will have one day to file a reply, serving a copy on the requesting party.
Where a party designates information filed with the Commission as confidential for the public record but has provided the confidential information to the other party, the party claiming confidentiality must file an abridged copy for the public record.
Further, Commission staff intends to add the following documents to the public record: the CCSA letter dated 26 February 2009, the Commission staff letter dated 27 February 2009, the Rogers letter dated 4 March 2009, the Commission staff letter dated 6 March 2009 and the CCSA letter dated 11 March 2009. Should parties wish to keep these documents partly or wholly confidential, they have 5 calendar days from the date of the present letter to request confidentiality as per the process described above.
Other
The hearing will be held in Salon Réal Therrien, 7 th floor of the Central Building, Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec.
Parties may contact Mr. Gerry Lylyk, Director Dispute Resolution, at (819) 953-0434, or at gerald.lylyk@crtc.gc.ca, if they require additional information regarding the organization and conduct of the hearing.
Verbatim transcripts of the hearing, abridged if necessary, will be kept and posted on the Commission's web site.
Where a document is to be filed or served by a specific date, the document must be actually received, and not merely sent, by that date.
Yours sincerely,
Original singed by
Gerry Lylyk
Director
Dispute Resolution
CC: K. Taylor, CRTC,
kathleen.taylor@crtc.gc.ca
Aivy Reinfelds, VP Television Development and Distribution, RSN
aivy.reinfelds@rci.rogers.com
Tony Viner, President, RSN,
tony.viner@rci.rogers,com
Doug Beeforth, President, RSN
doug.beeforth@sportsnet.rogers.com
Chris Edwards. VP Corporate & Regulatory, CCSA
cedwards@ccsa.cable.ca
Agenda
Hearing to be held:
Friday, April 17, 2009
Salon Réal Therrien
7 th floor of the Central Building
Terrasses de la Chaudière
1 Promenade du Portage
Gatineau, Quebec
Additional logistics:
An audio link will be available throughout the hearing via the Commission's web sit at www.crtc.gc.ca.
A participant's meeting room, adjacent to Salon Réal Therrien, will be available in:
Room 708
7 th floor of the Central Building
Terrasses de la Chaudière
1 Promenade du Portage
Gatineau, Quebec
9:00 a.m. - 9:05 a.m.
Opening Remarks by the Hearing Chairperson
9:05 a.m. - 11:00 a.m.
Applicant: Canadian Cable Systems Alliance Inc. (CCSA)
Respondent: Rogers Sportsnet Inc. (Rogers)
Regarding: CCSA’s request for a determination on fair and equitable rates.
Opening Remarks
CCSA 10 minutes
Rogers 10 minutes
Questioning
By the Commission
By CCSA 20 minutes
By Rogers 20 minutes
By the Commission
Closing Remarks
Rogers 10 minutes
CCSA 10 minutes
Hearing adjourned
- Date modified: