ARCHIVED - Letter
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Ottawa, 20 April 2012
Mr. Grant Buchanan
Partner, McCarthy Tétrault LLP
Toronto Bank Tower
66 Wellington St., Suite 4700
Toronto, Ontario
M5K 1E6
Re:
Procedural letter –
Commission request for disclosure of confidential information
High Fidelity HDTV Inc.
Application No: 2012-0105-3
Dear Sir;
The purpose of this letter is to inform you of the Commission’s determination regarding your confidentiality designations in the above-noted proceeding. Please note that the Commission expects to receive revised abridged versions of the documents that will also reflect the amendments that you have proposed in your letter dated 12 April 2012. Finally, please note that the determination regarding the 5 March 2012 letter (i.e., EBITDAs for the regulated and unregulated assets) is not addressed in the present letter. It will be dealt with separately.
Pursuant to Section 33(4) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules), the Commission requests public disclosure of the following information that you designated as confidential.
The specific requests for confidentiality are addressed in the attachment to this letter. In each case where disclosure is requested, the Commission considers that any specific direct harm caused by disclosure would not outweigh the public interest in disclosure.
In response to this request for disclosure, High Fidelity HDTV Inc. must either 1) file revised abridged versions of the documents reflecting the determinations above by 24 April 2012, serving copies on all parties by the same date; or 2) in accordance with section 33(4), file a reply to the Commission’s request for disclosure within 10 days of the date of this letter.
A copy of this letter and its attachment as well as all related correspondence will be added to the public record of the proceeding.
Sincerely,
Sébastien Robillard
Senior Corporate Analyst
Ownership & Acquisitions
Policy Development and Research
CRTC
Appendix - TABLE OF DOCUMENTS RELATING TO THE OWNERSHIP AND CONTROL OF High Fidelity HDTV Inc. (APP NO. 2012-0105-3)
Documents filed on 30 January 2012 – Unless otherwise stated
(Confidentiality requested in the application form 1666366)
Doc# |
Document Title/Description |
Claim for Confidentiality |
Applicant’s rationale |
CRTC Ruling |
|---|---|---|---|---|
Appendices 2A |
||||
1666368 1677932 1666369 1677933 1666370 1666371 1677935 |
Only abridged versions of these appendices have been filed. A separate complete confidential document containing only the full residential addresses of the various shareholders and of the various directors has been filed to complete this particular assessment (i.e. 1677935 filed on 22 February 2012). |
Partial :
|
Consistent with the Commission’s practice |
Designation maintained |
Appendix 2B |
||||
1666384 |
HiFi USA |
Partial - Recitals :
|
Consistent with the Commission’s practice |
Designation maintained |
Partial - Recitals :
|
Consistent with the Commission’s practice Consistent with the Privacy Act |
Designation maintained |
||
1666385 |
BAM USA |
Partial – Schedule A :
|
Consistent with the Commission’s practice Consistent with the Privacy Act |
Designation maintained |
Partial – Schedule 10.8 :
|
Consistent with the Commission’s practice |
Designation maintained |
||
Appendix 2D |
||||
1666386 |
HiFi SPA |
Partial - Appendices A et B :
|
Consistent with the Commission’s practice Consistent with the Privacy Act |
Designation maintained |
Partial – Schedule C :
|
Consistent with the Commission’s practice |
Designation maintained |
||
1666390 |
Torstar Subscription Agreement |
Partial – Schedule 3.7 :
|
Consistent with the Commission’s practice Consistent with the Privacy Act |
Designation maintained |
Partial – Schedule 3.34 et 3.41 :
|
Consistent with the Commission’s practice |
Designation maintained |
||
Partial - Schedules 3.14 & 3.30 :
|
Pursuant to paragraph 7 of Broadcasting and Telecom Information Bulletin CRTC 2010-961 |
Designation maintained |
||
Partial - Schedules 3.26 & 3.34 :
|
Disclosure would allow competitors to pinpoint future programming strategy and capacity, in a manner that would prejudice the competitive position of the services |
Designation maintained, as revised in the letter dated 12 April 2012 – requires the filling of an abridged version |
||
National Bank Credit Agreement |
||||
1666389 (Abr.1666381) |
National Bank Credit Agreement |
Partial – Schedule 3.18 :
|
Consistent with the Commission’s practice |
Designation maintained |
Partial – Schedule 3.11 & 3.20 :
|
Pursuant to paragraph 7 of Broadcasting and Telecom Information Bulletin CRTC 2010-961 |
Designation maintained |
||
Partial - Articles 1 et 4.1(f) :
|
Competitive fees that form part of a market for financial services |
Designation maintained |
||
Partial – Schedule 3.22 :
|
Disclosure would allow competitors to pinpoint future programming strategy and capacity, in a manner that would prejudice the competitive position of the services |
Designation maintained, as revised in the letter dated 12 April 2012 – requires the filling of an abridged version |
||
Financial Statements |
||||
1666391
|
Audited Financial Statements |
Complete document |
Not a public company Pursuant to paragraph 7 of Broadcasting and Telecom Information Bulletin CRTC 2010-961 Pursuant to Broadcasting Notice of Consultation CRTC 2010-783-2, as confirmed in Broadcasting Regulatory Policy CRTC 2011-601
|
Designation maintained |
1677937 1677938 1677939 1679461 |
Unaudited Financial Statements |
Complete document |
Not a public company Pursuant to paragraph 7 of Broadcasting and Telecom Information Bulletin CRTC 2010-961 Pursuant to Broadcasting Notice of Consultation CRTC 2010-783-2, as confirmed in Broadcasting Regulatory Policy CRTC 2011-601 |
Designation maintained |
Corporation Disclosure Letter (filed the 22 February 2012) |
||||
1677936 (Abr.1677934) |
Corporation Disclosure Letter |
Partial – Sections 3.1(l), (y), and (z)
|
Consistent with the Commission’s practice |
Designation maintained |
Partial – Sections 3.1 (gg), (ii), and (jj)
|
Pursuant to paragraph 7 of Broadcasting and Telecom Information Bulletin CRTC 2010-961 |
Designation maintained |
||
Partial – Sections 3.1 (y) and (cc)
|
Disclosure would allow competitors to pinpoint future programming strategy and capacity, in a manner that would prejudice the competitive position of the services |
Designation maintained, as revised in the letter dated 12 April 2012 – requires the filling of an abridged version |
||
Partial – Arrangements between the applicant and SOCAN |
Not related to compliance under the Broadcasting Act, and are therefore not relevant to the present transaction |
Designation maintained |
||
Partial – Section 3.1 (x)
|
Information maintained confidential, and is not relevant to this transaction |
Designation maintained |
||
- Date modified: