ARCHIVED - Broadcasting Commission Letter addressed to Stephen Scofich (Tbaytel)

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Ottawa, 3 March 2015


Mr. Stephen Scofich
Regulatory Analyst
1046 Lithium Drive
Thunder Bay, Ontario  P2B 6G3

Subject: Shortfalls relating to Canadian programming contributions

Dear Mr. Scofich:

As you are aware, the Commission recently conducted an audit of Tbaytel’s annual returns for the broadcast years 2010-2011 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 8 December 2014 and responded by letter dated 19 December 2014.

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

The non-compliance stems from the fact that Tbaytel did not make the required payments towards meeting the Canadian programming requirements under the Regulationsfor the 2010-2011 and 2011-2012 broadcast years. The related shortfall is $83,862 for Canadian programming.

The Commission directs Tbaytel 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 Tbaytel 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 2014. This determination does not address Tbaytel’s compliance for the 2013-2014 broadcast year.



John Traversy
Secretary General

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