ARCHIVED - Broadcasting Commission Letter Addressed to Kevin Goldstein (Bell Media Inc.)
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Ottawa, 27 January 2014
VIA EMAIL: Kevin.goldstein@bellmedia.ca DM5# 1970704
Kevin Goldstein
Vice President, Regulatory Affairs
Bell Media Inc.
200 Queen St. West
Toronto, ON
M5V 2Z5
Re: Application 2013-1102-6 – Follow-up to Broadcasting Decision CRTC 2013-310, Astral broadcasting undertakings – change of effective control – Licence amendments for various distribution undertakings – Approved
Mr, Goldstein:
In Broadcasting Decision CRTC 2013-310, conditions of approval were set out by the Commission in Appendix 1. By virtue of condition of approval 2, Bell Media Inc. was to file applications with the Commission in order to add the conditions of licence 1, 2, 15 and 16, set out in Appendix 2 of that decision to the broadcasting licences of some of the undertakings discussed in that decision.
Consequently, the Commission approves the application by Bell Media Inc. to amend the broadcasting licences for the distribution undertakings set out in Appendix A to this letter in order to add the following conditions of licence:
Conditions of licence applicable to television programming undertakings and broadcasting distribution undertakings
1. The licensee shall not:
a) require an unreasonable rate (e.g., not based on fair market value);
b) require a party that it is contracting to accept terms or conditions for the distribution of programming on a traditional or ancillary platform that are commercially unreasonable;
c) require an excessive activation fee or minimum subscription guarantee; or
d) impose, on an independent party, a most favoured nation clause or any other condition that imposes obligations on that independent party by virtue of a vertically integrated entity or an affiliate thereof entering into an agreement with any vertically integrated entity or any affiliate thereof, including its own.
2. When negotiating a wholesale rate for a programming service based on fair market value, the licensee shall take into consideration the following factors:
a) historical rates;
b) penetration levels and volume discounts;
c) the packaging of the service;
d) rates paid by unaffiliated broadcasting distribution undertakings for the programming service;
e) rates paid for programming services of similar value to consumers;
f) the number of subscribers that subscribe to a package in part or in whole due to the inclusion of the programming service in that package;
g) the retail rate charged for the service on a stand-alone basis; and
h) the retail rate for any packages in which the service is included.
3. The licensee shall file with the Commission all affiliation agreements to which it is a party with a television programming undertaking or broadcasting distribution undertaking within five days following the execution of the agreement by the parties.
4. If the licensee has not renewed an affiliation agreement to which it is a party with a licensed or exempt Canadian television programming undertaking or Canadian broadcasting distribution undertaking within the 120 days preceding the expiry date of the agreement, and if the other contracting party has confirmed its intention to renew the agreement, the licensee shall refer the matter to the Commission for dispute resolution under sections 12 to 15 of the Broadcasting Distribution Regulations.
Conditions of licence applicable to broadcasting distribution undertakings
15 Where the licensee provides its related programming services with access to multiple distribution platforms, it shall offer reasonable terms of access that are based on fair market value to non-related programming services.
16 The licensee shall give unrelated programming services marketing support that is comparable to what is given to similar services, including related services.
All letters of approval issued by the Commission are made available upon request for public examination at the Commission's central and regional offices. The Commission also requires that this letter be appended to the broadcasting licences for the undertakings set out in Appendix A to this letter.
Sincerely,
Original signed by
John Traversy
Secretary General
Appendix A
Licensee
Licence type
Bell ExpressVu Inc. (the general partner) and Bell Canada (the limited partner), carrying on business as Bell ExpressVu Limited Partnership
Direct to home broadcasting distribution undertaking – National
Bell Canada Internet Protocol Television Broadcasting Distribution undertaking (IPTV BDU) – Ontario
Bell Canada IPTV BDU – Quebec
Bell Aliant Regional Communications Inc., (the general partner), as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
IPTV BDU – Atlantic Provinces
Bell Aliant Regional Communications Inc., (the general partner), as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
IPTV BDU – Sudbury, Ontario
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