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By E-mail
jfortune@fortunelaw.ca
Mr. Joel R. Fortune
Legal Counsel
Independent Broadcasters Group
c/o 1 Rideau Street, Suite 700
Ottawa, Ontario
K1N 8S7
Re: Broadcasting Notices of Consultation CRTC 2012-246 and CRTC 2012-246-1, Call for comments on opening up the programming genre of popular music to competition, and on proposed standard conditions of licence for competitive Canadian specialty Category C services operating in the genre of popular music (the Notice).
Mr. Fortune,
This is with respect to the reply filed by the Independent Broadcasters Group (IBG) on 18 July 2012 concerning the aforementioned Notice.
As stated in paragraph 15 of the Notice, only “parties” may file replies to issues raised in the initial written comments phase of this proceeding. The term “party’’ is defined in section 1 of the CRTC Rules of Practice and Procedure (http://lawslois.justice.gc.ca/eng/regulations/SOR-2010-277/page-1.html#h-1) as an “applicant, respondent or intervener”. Since IBG did not file an intervention during the intervention phase of this proceeding, it cannot be considered a “party” to the proceeding and avail itself of the right to file a reply.
Furthermore, the Commission has determined, in a procedural letter dated 6 August 2012 placed on the public record of the proceeding of the Notice, that portions of the interventions submitted by interveners such as Bell Media Inc., Rogers Media Inc. and Corus Entertainment Inc. relating to a complete review of the Commission’s genre exclusivity policy for specialty services are out of the scope of this proceeding and will not be considered by the Commission.(http://www.crtc.gc.ca/eng/archive/2012/lb120806.htm).
In light of the above, the Commission cannot consider your reply filed on 18 July 2012 and will therefore not place it on the public record of the Notice.
Sincerely,
Original signed by
John Traversy
Secretary General
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