ARCHIVED - Broadcasting Commission Letter Addressed to Michel Messier (Cogeco Câble Québec s.e.n.c.)
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Ottawa, 30 July 2014
BY EMAIL: michel.messier@cogeco.com
Mr. Michel Messier
Director, Regulatory Affairs
Telecommunications
Cogeco Câble Québec s.e.n.c.
1700 – 5 Place Ville Marie
Montreal, Quebec H3B 0B3
Subject: Shortfalls relating to Canadian programming contributions
Dear Mr. Messier:
As you are aware, the Commission recently conducted an audit of Cogeco Câble Québec s.e.n.c.’s (Cogeco) annual returns for the broadcast years 2009-2010 to 2012-2013. During that audit, Commission staff identified an area of apparent non-compliance with the contribution requirements under sections 34 and 35 of the Broadcasting Distribution Regulations (the Regulations) due to issues with your calculation of your broadcasting revenues. You were notified of this apparent non-compliance by letter dated 4 April 2014 and responded by letter dated 23 April 2014, in which the non-compliance was acknowledged.
This letter is to inform you that following a Commission determination, the Commission finds Cogeco in non-compliance with the contribution requirements under sections 34 and 35 of the Regulationsfor the 2009-2010, 2010-2011 and 2011-2012 broadcast years.
The non-compliance stems from the fact that Cogeco adjusted its reported revenues for the 2009-2010, 2010-2011 and 2011-2012 broadcast years because some broadcasting related revenues were not initially included as part of the reported revenues. The related shortfalls are $244,009 for Canadian programming and $170,244 for the Local Programming Improvement Fund (LPIF).
The Commission directs Cogeco to pay the shortfalls as follows:
- The total Canadian programming shortfall ($244,009) must be paid within 90 days of the date of this letter.
- A minimum of 80% of the total shortfall must be paid to the Canada Media Fund (CMF);
- 20% of the shortfall ($48,802) may be paid to an independent production fund.
- The shortfall relating to the LPIF ($170,244) must be paid to the LPIF Fund administrator by 31 August 2014.
Proof of payment for the LPIF amount due by 31 August 2014, must be filed with the Commission within 60 days of the date of this letter. Proof of payment for the Canadian programming amount due within 90 days of the date of this letter must be filed with the Commission within 120 days of the date of this letter.
Sincerely,
(Original signed by Helen McIntosh for)
John Traversy
Secretary General
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