ARCHIVED - Telecom Procedural Letter Addressed to Peggy Tabet (Québecor Média) and Kevin Goldstein (Bell Canada)
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Ottawa, 23 January 2015
Our reference: 2014-1320-3
BY EMAIL
Peggy Tabet
Senior Director, Regulatory Affairs, Broadcasting
Québecor Média
tabet.peggy@quebecor.com
Kevin Goldstein
Vice President - Legal and Regulatory
Bell Canada
Bell.regulatory@bell.ca
RE: Request for final offer arbitration (2014-1320-3) with respect to TVA Sports.
On 16 December 2014, the Commission received a request from Bell Canada (Bell) for final offer arbitration to establish the rates for the distribution of the linear and multiplatform content of TVA Sports 1 and 2 for French language subscribers pursuant to Sections 12 to 15 of the Broadcasting Distribution Regulations.
In its response dated 20 January 2015, Québécor Média, in its name and on behalf of Groupe TVA Inc. (Québécor) indicated that while it accepted the request for final offer arbitration, it was not in agreement with the scope proposed by Bell. Québécor considered that the scope should include the said rates for English language subscribers as well. Québécor also indicated that in it’s view it would be useful to proceed with a staff assisted mediation session at this point.
On 22 January 2015, Bell replied to Québécor’s response stating it agreed with the scope proposed by Québécor and that it was prepared, albeit with certain reservations, to participate in a staff assisted mediation.
As parties are well aware, the Commission has repeatedly indicated that it expects parties to negotiate in good faith on a commercial basis and arrive at a mutually acceptable solution, before calling upon the Commission’s dispute resolution processes. In its Information Bulletin 2013-637, the Commission stated it generally expects that parties will have made reasonable efforts to resolve their dispute prior to requesting final offer arbitration or an expedited hearing and as a result, may require parties to engage in mediation before it accepts the matter for dispute resolution.Footnote 1
In light of the above, and in an effort to reach an agreement that is mutually acceptable for both parties as soon as possible, Commission staff requests that both parties meet in a staff-assisted mediation session.
Recognizing the importance for an expeditious resolution, staff requests that both parties submi two consecutive days within the week of 25 to 30 January 2015 on which they can participate in a mediation session at the CRTC offices in Gatineau, Quebec.
Please note that the request for final offer arbitration, including the timeframe in which the Commission may determine whether it is prepared to accept Bell’s request for final offer arbitration, is suspended until the mediation session is complete.
Sincerely,
Original signed by
Tandy Yull
Senior Manager, Alternative Dispute Resolution and Processes
- Footnote 1
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Broadcasting and Telecom Information Bulletin CRTC 2013-637, Practices and procedures for staff-assisted mediation, final offer arbitration and expedited hearings, at para. 8.
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