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Ottawa, 11 March 2014

Sent by email: george.burger@vmedia.ca

George Burger
Advisor
2251723 Ontario Inc.
5255 Yonge Street, Suite 1210
Toronto, Ontario
M2N 6P4

Subject: Application 2013-1757-9 for a broadcasting licence to operate a national video-on-demand service

Dear Mr. Burger,

In your application for a new broadcasting licence to operate a national video-on-demand (VOD) service, you requested administrative permission from the Commission to offer the VOD service to your broadcasting distribution undertaking (BDU) subscribers while your licence application is under review. You stated that your operations are of a size to qualify as an exempt BDU and that launching a test version of your VOD service would have an insignificant impact on the markets served.

As set out in Exemption order for small video-on-demand undertakings, Broadcasting Order CRTC 2011-60, 31 January 2011, an exempt VOD undertaking is owned and operated by a person that does not hold a broadcasting distribution licence, is not an affiliate of a person that holds a broadcasting distribution licence (licensee) and only provides VOD services using the facilities of exempt BDUs. Following Class 1 regional licence to operate terrestrial broadcasting distribution undertakings to serve the Greater Toronto Area and Kitchener-Waterloo, Broadcasting Decision CRTC 2011-259, 19 April 2011, V Media is a licensed BDU in the Toronto area. As such, V Media’s VOD service does not qualify as exempt and its launch requires a licence.

Given that pursuant to the Broadcasting Act (the Act), the issuance of a licence requires a public hearing, granting administrative permission to offer the VOD service while your licence application is under review would be contrary to the requirements of the Act. As set out in Broadcasting Notice of Consultation 2014-102, issued 6 March 2014, your application will be examined at the 13 May 2014 non-appearing hearing.
Should you require any additional information, please do not hesitate to contact Joelle Paré at joelle.pare@crtc.gc.ca and 819-953-8140.

Sincerely,

Original signed by:
Letter with signature, DM:

Peter Foster

Director General
Television Policy and Applications

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