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Ottawa, 21 March 2012

File Nos.    8622-C193-201201110

By email

David Spodek
Senior Manager - Regulatory Affairs
Bell Media
299 Queen Street West
Toronto, Ontario M5V 2Z3

RE : Applications by: (a) CIDG for dispute resolution, by way of an expedited hearing and subsequent final offer arbitration, with respect to a dispute with Bell Media; and (b) Bell Media for final offer arbitration with respect to a dispute with Cogeco – Confidentiality of documents

Dear Sir:

In a letter dated 14 March 2012, the Commission determined that it was in the public interest to disclose on the public record Bell Media’s response to Commission interrogatory Question 1 dated 6 March 2012.

By letter dated 14 March 2012, Bell Media made representations to the Commission objecting to the disclosure of its response to the interrogatory question referenced above, and stating why it would be harmed by such disclosure. It submitted that the information in question details a specific term contained in an affiliation agreement that Bell Media has entered into, and that such information is commercially sensitive, even though the name of the specific BDU with whom the agreement was signed is not revealed. Bell Media requested that the Commission reconsider its ruling and treat the information as confidential. Bell Media further submitted that, should the Commission continue to believe that the information should be disclosed, Bell Media would withdraw the information from its response.

The Commission notes that affiliation agreements contain commercially sensitive information and are typically granted confidential treatment by the Commission. Accordingly, and after weighing the public interest in disclosure against the potential harm to Bell Media from such disclosure, the Commission determines that Bell Media’s response to interrogatory Question 1 will be kept confidential.


Original signed

John Traversy
Secretary General

cc:   Jennifer Salmon, CIDG 
      Norm Bolen, CMPA

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