ARCHIVED - Procedural letter

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Ottawa, 7 May 2014

VIA EMAIL: gwhite@piac.ca; alau@piac.ca

DM5#: 2125240

Mr. Geoffrey White
Counsel to PIAC/COSCO/NPF/CEC
and
Ms. Alysia Lau
Legal Counsel
PIAC
One Nicolas Street, Suite 1204
Ottawa, Ontario
K1N 7B7

Re: New evidence filed out of process by Rogers Broadcasting Limited - Broadcasting Notice of Consultation CRTC 2014-26-1

Mr. White and Ms. Lau:

This is in response to PIAC/COSCO/NPF/CEC’s letter dated 5 May 2014 supporting the request by the Forum for Research and Policy in Communications (FRPC) that requests that the Commission decline to accept the Canadian Broadcasting Corporation’s (CBC) letter which was filed by Rogers Broadcasting Limited (Rogers) along with its final reply dated 30 April 2014

In its letter, PIAC/COSCO/NPF/CEC agrees with the FRPC’s position that the appropriate time for Rogers Broadcasting Limited (Rogers) to offer new evidence from the CBC, or for the CBC to provide its perspective on its arrangement with Rogers was either in the licence renewal applications submitted by Rogers or though the intervention process. As a result, PIAC/COSCO/NPF/CEC supports FRPC’s request that the Commission decline to accept Mr. Lacroix’s letter on the record of this proceeding.

In its letter, the FRPC submits that Mr. Lacroix’s letter, which provides the CBC’s perspective on its arrangement with Rogers with respect to the broadcast of NHL hockey games, appears to constitute new evidence since Rogers did not provide any information regarding this arrangement in its licence renewal applications and the CBC did not participate in this proceeding. As a result, the FRPC considers that the inclusion of this letter on the record of this proceeding falls outside the parameters of the process set out in Broadcasting Notice of Consultation CRTC 2014-26-1.

While the Commission notes that the CBC did not participate in the proceeding announced in Broadcasting Notice of Consultation CRTC 2014-26, the content of the letter does not constitute new evidence since it does not provide any new information that was not already discussed at the hearing. The Commission notes that extensive discussion occurred during the hearing regarding Rogers’ arrangement with the CBC for the continued broadcast of NHL hockey games on CBC’s program Hockey Night in Canada beginning with the next hockey season. Therefore, the Commission does not consider the inclusion of the letter by Mr. Lacroix to Rogers’ final reply to be new evidence submitted on the record of this proceeding nor does it fall outside the parameters set out in Broadcasting Notice of Consultation CRTC 2014-26-1. Consequently, the Commission is accepting Rogers’ final reply has submitted on the record of this proceeding.

Please note that the letter by PIAC/COSCO/NPF/CEC and this response will be added to the public record of this proceeding.

Should you have any questions regarding this letter, please do not hesitate to contact Caroline Poirier, the hearing coordinator, at the following phone number: 819-994-2700 or at the following e-mail address: caroline.poirier@crtc.gc.ca.

Sincerely,

Original signed by

John Traversy
Secretary General

Cc: Ms. Susan Wheeler, Rogers Broadcasting Limited
Ms. Monica Auer, Forum for Research and Policy in Communications

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