ARCHIVED - Broadcasting Procedural Letter Addressed to Various Parties
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Ottawa, 11 August 2015
Procedural letter
File No. 2015-0819-4
2015-0820-2
By email
Kevin Goldstein
Vice President – Content and Distribution, Regulatory Affairs
Bell TV
bell.regulatory@bell.ca
Don Gaudet
VP Programming
Stornoway Communications
dgaudet@stornoway.com
Brad Danks
Chief Operating Officer
OUTtv Network Inc.
Brad@outtv.ca
Re: Part 1 applications by Stornoway Communications and OUTtv Network Inc. against Bell Canada
Background
On 17 July 2015, Stornoway Communications Limited Partnership (Stornoway) and OUTtv Network Inc. (OUTtv) each filed with the CRTC a notice of dispute against Bell Canada (Bell) pursuant to section 15.01 of the Broadcasting Distribution Regulations (Regulations).
On 24 July 2015, Bell filed responses to the notices filed by Stornoway and OUTtv.
On 30 July 2015, Stornoway filed a Part 1 application alleging undue preference by Bell against Stornoway’s programming service iChannel. On the same date, OUTtv also filed a Part 1 application against Bell pursuant to section 9 of the Regulations.
On 30 July 2015, Bell filed a letter submitting that Stornoway should be required to refile its Part 1 application as it contained the copy of a confidential draft affiliation agreement provided to Stornoway by Bell as well as references in the body of the application to specific clauses found in the confidential draft agreement.
On 31 July 2015, Stornoway and OUTtv Network Inc. (OUTtv) responded jointly to Bell’s response of 24 July 2015.
On 31 July 2015, Bell replied to Stornoway and OUTtv’s joint response submitting that the parties should be required to file separately.
On 4 August 2015, Stornoway responded to Bell’s request for confidentiality of 30 July 2015.
Commission staff determinations
Commission staff considers that the copy of the draft agreement included in Stornoway’s application represents competitively sensitive information and that the release of such information could result in material financial loss and harm to Bell. Commission staff notes that affiliation agreements have consistently been granted confidential treatment by the Commission in past proceedings. Accordingly, should Stornoway wish to refer to Bell’s draft affiliation agreement, Commission staff requests that Stornoway refile its Part 1 application to exclude any specific references to clauses of the draft agreement and include a confidential version and an abridged version for the public record.
Commission staff further considers that the dispute between Stornoway and Bell and the dispute between OUTtv and Bell are separate disputes regarding distinct programming services. Accordingly, Commission staff requires that the complainants, Stornoway and OUTtv, resubmit their joint reply of 31 July 2015 separately so that these can be added to the individual records and that any further documents or correspondence regarding these disputes be filed separately.
Dates for filing
Please note that the standard delays for filing (i.e., 30 days from the filing of the Part 1 application for a response and 10 days from the filing of the response for a reply) will apply. Accordingly, if/when Stornoway files its new Part 1 application (as per Commission staff’s direction regarding confidentiality) Bell will have 30 days following the date of the refiling to respond.
In the case of the Part 1 application filed by OUTtv on 30 July 2015, Bell will have 30 days from the publishing of the application on the Commission’s website, which will occur on 12 August 2015. Accordingly, Bell will have until 11 September 2015 to file its response.
Mediation
Staff notes that parties are always encouraged to resolve their disputes through other means before having recourse to the Commission’s processes. Accordingly, the parties are reminded that staff remains at their disposition should they wish to engage in a staff-assisted mediation.
Please do not hesitate to contact me should you have any questions or concerns regarding this matter.
A copy of this letter and all related correspondence will be added to the publicly accessible files of these applications.
Sincerely,
[original signed by]
Shirley Ann Farley
Senior Analyst - Manager
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