ARCHIVED - Letter
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Ottawa, 1 March 2012
By E-Mail
Jennifer Salmon
VP Contracts
Canadian Independent Distributors Group
447 Gondola Point Road
Quispamsis New Brunswick E2E 1E1
jsalmon@ccsa.cable.ca
David Spodek
Senior Manager - Regulatory Affairs
Bell Media
299 Queen Street West
Toronto Ontario M5V 2Z3
David.Spodek@bellmedia.ca
Re: 22 March 2012 Expedited Hearing between CIDG and Bell – Procedural Matters
Dear Sir and Madame:
Included herein as Attachment A are the Commission’s requests for information addressed to CIDG and Bell. Parties’ responses to these requests are due no later than 6 March 2012 by 5.00 p.m. (ET). Should they wish, each party has until 7 March 2012 at 5:00 p.m. (ET) to reply to the other party’s response to any of the Commission’s requests for information.
Also included in this letter, as Attachment B is the agenda outlining the anticipated process for the oral hearing. With respect to parties’ presentations, the Panel Members sitting at the hearing have reviewed the record and therefore expect you to briefly and clearly highlight what you consider to be the most important points of your application/response. To that end, a period of no more than fifteen (15) minutes is granted for your opening remarks.
Parties are reminded that they are required to bring with them to the oral hearing all relevant documentation and knowledgeable personnel. An adverse inference may be drawn from the failure of a party to bring all relevant documentation and knowledgeable personnel to the oral hearing.
Parties are requested to bring to the hearing forty (40) copies of:
- your presentation as well as any charts, tables, etc., which you intend to use;
- the seating plan of your presentation panel (view from CRTC panel); and
- any undertakings that you may have been requested to file during the hearing.
In addition, parties must advise Lynda Roy, at lynda.roy@crtc.gc.ca , in advance of any audio-visual presentation (the duration of which must be included in your allocated presentation time) as you will be required to make arrangements to rent technical equipment if necessary.
For ease of translation and transcription, the Commission would appreciate if you would bring an electronic version of your presentation to be given to the Court Reporter prior to or at the conclusion of your presentation.
As noted in the Commission letter dated 6 February 2012, parties are reminded to provide to Lynda Roy, at lynda.roy@crtc.gc.ca , and serve on each other, at least 10 days prior to the panel hearing, the name(s) of the person(s) who will be attending the hearing and their area of expertise.
Parties may contact Mr. Gerry Lylyk at (819) 953-0434, or at gerald.lylyk@crtc.gc.ca , if they require additional information regarding the organization and conduct of the hearing.
Yours sincerely,
Original signed by
Gerry Lylyk
Director Dispute Resolution
Attachment A
Expedited Hearing - 22 March 2012
Interrogatories
To CIDG:
- Describe the level of packaging flexibility that CIDG members are seeking in an affiliation agreement with Bell Media. Explain what benefits, if any, will be derived by the CIDG members and Bell Media in providing BDUs more flexibility in packaging the Bell Media programming services.
- Compare Bell Media’s proposal that it will offer an alternate plan for its analog category A and C services where the price for each service would be based on the number of subscribers that subscribe to the Bell Media service in question, with the packaging flexibility that CIDG members are seeking. Explain the extent to which Bell Media’s proposal fails to provide the packaging flexibility sought by CIDG.
- Refer to paragraph 12 of CIDG’s submission dated 17 January 2012 where CIDG states:
“CIDG submits that Bell should be required to include in this agreement the non-linear rights to the programming on the Bell services as these rights become available. This is customary in the industry….”
Comment on the current state of licensing of non-linear programming rights and provide evidentiary support for your observations.
To Bell Media:
- Comment on Bell Media’s approach to the negotiation of non-linear rights in its affiliation agreements. In particular, indicate whether:
a. Bell Media has signed any separate agreements to provide non-linear programming rights. If it has, identify with whom, and provide terms and conditions, in each case.
b. Linear and non-linear rights have ever been included in the same affiliation agreements offered by Bell Media. If so, provide the terms and conditions in each case.
- Comment on Bell Media’s current approach to the acquisition of program rights. In particular, provide details on the following:
a. Whether non-linear rights are generally negotiated in tandem with linear rights, or whether these are negotiated separately.
b. Explain Bell Media’s position going forward on the acquisition of non-linear rights.
- Provide the average rate increase for each Bell Media service between the expired affiliation agreements and the current affiliation agreement proposed to the CIDG members.
- rovide reasons why the Bell Media proposal for access to its analog category A and C services could not also be offered to CIDG members for Bell Media’s other programming services.
Attachment B
Expedited Hearing - 22 March 2012
Agenda
Hearing to be held:
Thursday, 22 March 2012 (and Friday, 23 March 2012 if required)
Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec
Additional logistics:
An audio link will be available throughout the hearing via the Commission's website at www.crtc.gc.ca.
A participant's meeting room will be available, if necessary. Parties may contact Lynda Roy, at Lynda.Roy@crtc.gc.ca to make arrangements.
The Hearing will commence at 9:00 a.m.
9:00 a.m. - 9:05 a.m.
Opening Remarks by the Hearing Chairperson
9:05 a.m. - 11:00 a.m.
Applicant: Canadian Independent Distribution Group (CIDG)
Respondent: Bell Media Inc (Bell)
Opening Remarks
CIDG 15 minutes
Bell 15 minutes
Questioning
By the Commission
By CIDG 20 minutes
By Bell 20 minutes
By the Commission
Closing Remarks
Bell 15 minutes
CIDG 15 minutes
Hearing adjourned
- Date modified: