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Ottawa, 26 June 2013
File No.: 8622-A124-201304907
BY E-MAIL
Peggy Tabet
Director, Regulatory Affairs, Broadcasting
Québecor Média inc.
tabet.peggy@quebecor.com
Johanne Saint-Laurent
Senior Vice-President, Business Affairs
Les Chaînes Télé Astral and
Vice-President, Director General
Astral Télé Réseau
jsaint-laurent@astral.com
Dear Mesdames,
Re: Final offer arbitration between Astral Inc. and Vidéotron s.e.n.c. – Request to appear submitted by Vidéotron
In a letter dated 18 June 2013, Vidéotron s.e.n.c. (Vidéotron) asked the Commission to allow a brief oral component prior to handing down the decision by the arbitration panel with regard to the most appropriate final offer. Vidéotron argued that the Panel would benefit from receiving oral positions in a context of mutual exchange that will in and of itself, explore certain items or correct any erroneous impressions derived from reading a written argument.
In its reply of 19 June 2013, Astral Média inc. (Astral) opposed Vidéotron’s request. Astral’s position is that Vidéotron’s request runs counter to the process put in place by the Commission, and is inconsistent with the principles determined by the Commission in its dispute resolution policy, and that it is unsupported by any evidence to substantiate why the Commission should deviate from the process.
Commission Decision
The Commission’s dispute resolution policy is contained in Broadcasting and Telecom Information Bulletin CRTC 2009-38. The policy states that final offer arbitration is the method of dispute resolution used for disputes that are exclusively monetary and this process does not include an oral hearing before the Arbitration panel.
The Commission believes that the arguments raised by Vidéotron in support of its request are not sufficient to justify that the arbitration panel derogate from the process established in the Commission’s policy, and from the conduct of the hearing established in its letter dated 3 May 2013. Further, the Commission believes that the process established in its final offer arbitration policy is in line with the principles of fundamental justice and fairness, including Vidéotron’s right to present its case fully.
In light of the above, the Vidéotron request is denied.
Original signed by John Traversy
John Traversy
Secretary General
c. c. C. Brault, CRTC, claude.brault@crtc.gc.ca
Laurence J.E. Dunbar, Fasken Martineau, ldunbar@fasken.com
Dany Meloul, Les Chaînes Télé Astral, dmeloul@astral.com
Natalie Dorval, Astral Media Inc. ndorval@astral.com
Robert Malcolmson, Goodmans LLP, rmalcolmson@goodmans.ca
Manon Brouillette, Vidéotron, manon.brouillette@videotron.com
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