ARCHIVED - Broadcasting Procedural Request addressed to Ms. Nicole Matiation (On Screen Manitoba)
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Ottawa, 11 February 2016
Ms. Nicole Matiation
On Screen Manitoba
100 Arthur Street
Winnipeg, Manitoba R3B 1H3
RE: Procedural request regarding an application by Shaw Communications Inc., on behalf of Shaw Media Inc. and its licensed subsidiaries, for authority to effect a multi-step intra-corporate reorganization.
Dear Ms. Matiation:
This letter is in response to the procedural request filed by On Screen Manitoba dated 1 February 2016, requesting that the Commission modify the process set out for the above-noted application by providing the public with 30 days to file interventions and by holding an appearing public hearing rather than a written public consultation.
In its letter, On Screen Manitoba argues that the proposed transaction represents a significant modification to the private element of the Canadian broadcasting system and that an oral public hearing and a longer period of time to file written interventions is warranted.
Procedural request to extend the timelines for the filing of interventions to 30 days
The CRTC Rules of Practice and Procedure (the Rules) set out the Commission’s general practice of giving interveners 30 days to file their submissions. However, the Rules also allow the Commission to dispense with or vary these rules when it is of the view that it is in the public interest to do so.
With regards to the above-noted application, the Commission denies the request to extend the timelines for the filing of interventions to 30 days, or to 20 February 2016. However, the Commission approves an extension of the deadline for submissions until 18 February 2016, and extends the deadline for the applicant’s reply to 22 February 2016. It is the Commission’s view that the 28-day comment period granted is appropriate as it provides sufficient time for intervening parties to file their interventions while respecting both the public interest and fairness considerations outlined in the Rules, including the applicant’s request for an expedited treatment of the application.
Procedural request to hold an appearing public hearing
In Broadcasting Information Bulletin CRTC 2008-8-2 (the Bulletin), the Commission sets out the options for reviewing share transactions. Consistent with the Bulletin, the Commission issued a notice of consultation (notice of application received) to review the above-noted application. The Commission further reminds On Screen Manitoba that the Bulletin provides for a review of share transfer applications using a notice of consultation (notice of hearing) where “the application has been dealt with via notice of consultation (notice of applications received) and generates interventions that raise substantive concerns as determined by the Commission and which warrant further discussion at a public hearing.”
As such, consistent with the Bulletin, the Commission will make its determination on the need for further discussion at a public hearing based on the interventions received. The Commission therefore denies the request by On Screen Manitoba for an appearing public hearing.
Please note that a copy of your letter and this response will be added to the public record.
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