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Ottawa, 23 August 2013

By EMAIL

Brad Danks
Chief Operating Officer
OUTtv Network Inc.
Brad@outtv.ca

Re: Complaint by OUTtv Network Inc. against TELUS Communications Company - Additional response filed by OUTtv Network Inc. regarding TELUS Communications Company’s final rebuttal.

Mr. Danks,

Pursuant to Broadcasting Decision 2012-672 and the Commission’s letter dated 30 May 2013, TELUS Communications Company (TELUS) was required to file a plan to remedy the undue disadvantage it caused to OUTtv Network Inc. (OUTtv). The Commission has since received TELUS’ revised plan dated 12 July 2013, OUTtv’s response to TELUS’ plan dated 24 July 2013, TELUS’ final rebuttal dated 1 August 2013, and a further response by OUTtv to TELUS’ final rebuttal dated 13 August 2013.

In a letter dated 15 August 2013, TELUS requested that OUTtv’s letter of 13 August 2013 and corresponding appendices be struck from the record, and that the Commission render its decision based on the other documents before it. TELUS was of the view that as the party required to justify the sufficiency of its marketing plan as a remedy to the undue preference found in Broadcasting Decision 2012-672, it should benefit from the right of final rebuttal.

TELUS submitted, further, that if the Commission deemed it appropriate to include OUTtv’s most recent response as part of the record, in the interest of procedural fairness, TELUS should be provided the right to file a further reply.

Commission staff notes that in the circumstances of this case, it would be consistent with the CRTC Rules of Practice and Procedure that TELUS have the right of final rebuttal. OUTtv had its opportunity to and did provide a response to TELUS’ proposed marketing plan.

Accordingly, Commission staff considers that OUTtv’s further response and corresponding appendices set out in its letter dated 13 August 2013 are out-of-process and will not form part of the record considered by the Commission in its decision on TELUS’ submission dated 12 July 2013. Accordingly, no further reply from TELUS is necessary.

Original signed by

Bernard Montigny L.L.B. M.A.
Barrister and Solicitor
Senior Director, Alternative Dispute Resolution and Processes

c.c. Ann Mainville-Neeson, TELUS

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