ARCHIVED -  Procedural Letter

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Ottawa, 24 July 2012

To: OUTtv Network Inc.
Brad Danks, Chief Operating Officer

Re: application number 2012-0355-4. Undue preference/disadvantage complaint from OUTtv Network Inc. (OUTtv) filed on 20 March 2012 against TELUS Communications Inc. (TELUS).

Commission staff has received correspondence from TELUS (dated 23 July 2012) in relation to a staff letter dated 18 July 2012. This letter required that TELUS file a response to OUTtv’s submission of 17 July 2012, in which OUTtv had objected to the confidential treatment of certain information. It requested that TELUS be required to disclose to OUTtv the penetration levels for each of its Lifestyle and Lifestyle Extra packages and the passage from paragraph 9 of TELUS’s submission regarding the relevance of its marketing efforts as they relate to these packages.

With regards to OUTtv’s confidentiality request that the penetration levels of the Lifestyle and Lifestyle Extra theme packages be disclosed to OUTtv, Commission staff considers that granting confidentiality to this material, as requested by TELUS, falls within the range of information for what confidentiality is normally provided.

Commission staff acknowledges that, in its submission of 23 July 2012, TELUS did provide the entirety of paragraph 9 to OUTtv.

Staff also notes that TELUS submitted new information regarding how it arranges its services in the Lifestyle and Lifestyle Extra theme packs.

In light of the above, OUTtv is hereby provided an opportunity to file a response to TELUS’ new submissions by 27 July 2012. TELUS may file a reply by 31 July 2012. TELUS and OUTtv are reminded to serve each other with copies of their submissions.


(Original signed by)

Raffaele Pagani
Senior Analyst, Alternative Dispute Resolution

Cc: Ann Mainville-Neeson, Director, Broadcast Regulation
TELUS Communications Inc.

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