ARCHIVED - Broadcasting Commission Letter addressed to Yves Lagacé (Télé-Int-Tel)

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Ottawa, 14 January 2015

BY EMAIL

Mr. Yves Lagacé
Vice-président et Chef de la direction financière
Télé-Int-Tel
5025 Marquette Street
Saint-Hyacinthe, Quebec  J2R 2G7
ylagace@maskatel.qc.ca

Subject: Shortfalls relating to Canadian programming contributions

Dear Mr. Lagacé:

As you are aware, the Commission recently conducted an audit of Télé-Int-Tel’s annual returns for the broadcast years 2008-2009 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 the absence of payments made towards meeting the Canadian programming requirements. You were notified of this apparent non-compliance by letter dated 6 August 2014 and responded by letter dated 22 October 2014.

This letter is to inform you that following a Commission determination, the Commission finds Télé-Int-Tel in non-compliance with the contribution requirements under sections 34 and 35 of the Regulations.

The non-compliance stems from the fact that Télé-Int-Tel did not make any qualified payments towards meeting the Canadian programming requirements under the Regulations for the 2008-2009, 2009-2010, 2010-2011, 2011-2012 and 2012-2013 broadcast years. Télé-Int-Tel did claim payments towards local expression during some of these broadcast years; however, local expression contributions may only be claimed where a licensee distributes its own community programming on the community channel. Accordingly, as your community channel is not yet in operation, these expenditures were deemed ineligible. The related shortfall is $414,661 for Canadian programming.

The Commission directs Télé-Int-Tel to pay the shortfall as follows:

Proof of payment must be filed with the Commission within 120 days of the date of this letter.

The Commission further reminds Télé-Int-Tel that it was required to make the necessary payments for the 2013-2014 broadcast year ended 31 August 2014, and include the necessary supporting documentation with the 2013-2014 annual return which was due to be filed 30 November. This determination does not address Télé-Int-Tel’s compliance for the 2013-2014 broadcast year.

Sincerely,

Original signed

John Traversy
Secretary General

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