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Ottawa, 2 May 2012

By Email

Mr. Stephen P. Whitehead
Fasken Martineau DuMoulin LLP
Suite 1300, 55 Metcalfe Street
Ottawa, Ontario
K1P 6L5

Dear Mr. Whitehead :

Re : Application number 2012-0447-9

Commission staff is writing in response to your letter of 16 April 2012, submitted on behalf of your client, the Canadian Broadcasting Corporation/Société Radio-Canada (CBC/Radio-Canada). In that letter you requested, among other things, that the Commission summarily dismiss, without posting, the Part 1 application filed by the Stingray Digital Group (SDG) alleging an undue preference by the CBC/Radio-Canada.

Commission staff notes that SDG’s Part 1 application and your letter of 16 April 2012 have both been posted to the Commission’s website, as well as subsequent correspondence from SDG dated 29 April 2012.

It has been decided that SDG’s application will follow the standard process for Part 1 applications. In that light, Commission staff notes the following:

i) The Commission has posted SDG’s application on its website pursuant to the standard procedure (s.23 of the Rules);

ii) The posting of the application and the subsequent correspondence is in no way indicative of the Commission having evaluated the merits of the substantive arguments presented by CBC/Radio-Canada and/or SDG; and

iii) The parties are expected to file their full response and reply within the prescribed deadlines, following which the Commission will issue its decision.

Yours sincerely,

Shirley Ann Farley
Senior Analyst, Alternative Dispute Resolution

c.c. :

Bev Kirshenblatt Bev.Kirshenblatt@CBC.CA]

Rob Braide

Scott Hutton

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