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Ottawa, 13 June 2011

Mr. John Lawford
Counsel
Public Interest Advocacy Centre
1 Nicholas Street, Suite 1204
Ottawa, Ontario
K1N 7B7

Dear Mr. Lawford:

Re: Broadcasting and Telecom Notice of Consultation CRTC 2011-344, Fact-finding exercise on the over-the-top programming services in the Canadian broadcasting system

Commission staff is writing in response to your correspondence of 6 June 2011 requesting clarification as to whether the fact-finding exercise initiated by Broadcasting and Telecom Notice of Consultation CRTC 2011-344 (NoC 2011-344) is a “proceeding” for the purposes of the intervener costs rules.

In response to your letter, it is Commission staff’s view that the NoC 2011-344 fact-finding exercise is not a “proceeding” for the purposes of the intervener costs rules. Commission staff notes that NoC 2011-344 is purely a fact-finding exercise and no policy or regulatory outcomes will be determined on the basis of this exercise. In this light, Commission staff would refer you to its correspondence of 1 June 2011 to the Canadian Internet Policy & Public Interest Clinic with respect to NoC 2011-344, in which Commission staff indicated that NoC 2011-344 is a fact-finding exercise only and that no policy outcomes will be determined on the basis of this exercise.

Sincerely,

Original signed by
Namir Anani
Executive Director
Policy Development & Research

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