ARCHIVED -  Letter

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Our reference: Files # 589861, 590414, 590427 and 601237

BY COURIER & E-MAIL

Ottawa, 10 June 2013

Michael Ferras
Vice President, Regulatory Affairs
Shaw Communications Inc.
630 – 3rd Avenue SW
Calgary, Alberta T2P 4L4
Michael.Ferras@srjb.ca

Re: 4 Complaints regarding the loudness of TV commercial messages;
And the Broadcasting Regulatory Policy CRTC 2012-273

Mr. Ferras:

This is a follow-up to Commission staff’s letter dated 1 March 2013, requesting that Shaw Cablesystems (Shaw Cable) provide specific information with respect to 4 viewers’ complaints regarding the loudness of TV commercials.

Commission staff is in receipt of Shaw Communications Inc.’s response provided on behalf of Shaw Cable to the aforementioned request, dated 18 March 2013. We thank you for the detailed information provided therein.

After reviewing the information provided, Commission staff notes that Shaw Cable has described the equipment, processes and auditing it uses to ensure compliance with ATSC A/85 technical requirements, especially with respect to local availabilities on non-Canadian signals which was found to be the cause of the 4 viewers’ complaints.

Commission staff is satisfied with the specific information provided by Shaw Cable pursuant to paragraph 25 of the Broadcasting Information Bulletin CRTC 2012-471 and considers that, at this time, no further measures are required.

Consequently, the examination of this matter by the Commission’s Compliance and Enforcement sector has concluded and the related files referenced above are now closed.

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Note that this does not preclude Commission staff from requesting compliance reports or additional information in the future. Furthermore, if there are other cases of non-compliance caused by the same issue as that of the 4 complaints referenced herein (i.e. local availabilities), the failure to have properly addressed this issue in response to the current complaints may be one of the factors taken into consideration when determining the appropriate response to any future non-compliance.

Sincerely,

 

Andrea Rosen
Chief Compliance and Enforcement Officer

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