ARCHIVED - Letter
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Ottawa, 27 August 2012
Ms. Susan Wheeler
Vice-President, Regulatory Affairs Media
Rogers Broadcasting Limited
333 Bloor Street East,
Commission request for disclosure of confidential information
Rogers Broadcasting Limited – Acquisition of assets (CJNT-TV)
Application No: 2012-0756-4
The purpose of this letter is to inform Rogers Broadcasting Limited (Rogers) of the Commission’s determination regarding the confidentiality designation in the above-noted proceeding. Specifically, the Commission addresses the confidentiality request set out in Rogers’ letter dated August 22nd, 2012 concerning the affiliation agreement entered into between Rogers and 2209005 Ontario Inc. on 24 April 2012 (the Agreement).
First, Rogers is asking the Commission to address, by way of a separate process apart from Application 2012-0756-4, any issues or concerns it may have with the Agreement outside this process. Second, Rogers objects to the public disclosure of the Agreement.
In the present letter, the Commission addresses both issues.
The Commission notes that the Agreement was introduced as part of Application 2012-0756-4 (Supplementary Brief). To be satisfied that this Agreement would not affect how effective control of the licensee 2209005 Ontario Inc. or its broadcasting undertaking (CJNT-TV) is currently exercised, the Commission has conducted a review of the Agreement and has requested further clarifications during the request for information process. On this basis, the Agreement forms part of the current application.
Pursuant to section 33(4) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules), the Commission requires public disclosure of an abridged version of the Agreement that Rogers designated as confidential.
The Commission notes that according to the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, certain information “may be designated as confidential under certain circumstances: number of subscribers, profit margin, percentage of revenues, amount payable to third party, licence fees, duration of the agreement, specific period of programming, number of programming hours targeted”. Confidentiality is therefore granted for information of this nature and is summarized in the attachment to this letter (Appendix 1).
Please note that in order to expedite the processing of your application, the Commission has decided, pursuant to section 7 of the Rules, to alter the timeframe for Rogers to file its reply. Accordingly, the Commission directs Rogers to file an abridged version of the Agreement reflecting the determinations above by no later than 29 August 2012.
A copy of this letter and its attachment as well as all related correspondence will be added to the public record of the proceeding.
Original signed by
- Section 4 -Term: “Dates related to terms”
- Section 5 - Fees and Expenses: Dates, Amount of the monthly payment, the % of CJNT’s inventory to be retained by Rogers
- Section 6 - Grant of Broadcast Rights: details about the type of exclusivity, dates and programming rights not granted
- Section 7 - Licensed Programming: programming period and time; hours of programming (% and numbers); type of programming
- Section 9 - Commercial Inventory: % of advertising per hour; dates
- Section11 - Sales & Traffic: Dates
- Section 13 – Deliverables – Reference to who is paying the cost
- Section 15 – Rogers trademarks: type of licence, type of programming
- Section 19 – Termination – reference to the number of days and the dollar amount
- Date modified: