ARCHIVED - Broadcasting Procedural Letter addressed to Asha Daniere (Blue Ant Media Inc.) and Steven DeNure (DHX Television Ltd.)

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Ottawa, 26 September 2016

VIA E-MAIL

Ms. Asha Daniere
Executive Vice President Business and Legal Affairs
Blue Ant Media Inc.
asha.daniere@blueantmedia.ca

Mr. Steven DeNure
President and Chief Operating Officer
DHX Television Ltd.
steven.denure@dhxmedia.ca

Dear Sir / Madam,

Re: Broadcasting Notice of Consultation CRTC 2016-225 - Procedural requests by DHX Media Ltd. and Blue Ant Media to submit comments in response to an intervention submitted by the Canadian Media Producers Association

This is further to procedural requests dated 25 August 2016 submitted by DHX Media Ltd. (DHX) and Blue Ant Media (Blue Ant) respectively, requesting the opportunity to respond to an intervention submitted by the Canadian Media Producers Association (CMPA) filed in the context of the proceeding announced in Broadcasting Notice of Consultation 2016-225 (BNC 2016-225). The comments contained in these letters were received after the deadline of the intervention period set out in BNC 2016-225.

DHX and Blue Ant raised concerns regarding CMPA’s arguments with respect to the definitions of “independently produced program” and “independent production company”. Both DHX and Blue Ant argued that these proposals have serious financial implications for companies similar to their own.

Concerning the date of filing, DHX and Blue Ant argued that they could not have submitted their comments prior to the closure of the intervention period of BNC 2016-225, as they were not aware of the content of the CMPA’s intervention. They submitted that the large English - and French-language ownership groups (the Groups) and stakeholders were not asked by the Commission to address the issue raised by the CMPA as part of this proceeding, and should the Commission wish to address the definition of “independent producer” or any other similar issue, it should initiate a new proceeding wherein all stakeholders have the opportunity to participate.

The current proceeding will consider the applications for renewal of television licences held by large English - and French - language ownership groups. This includes an evaluation of how the Groups have met their current requirements, including their obligations pertaining to independent production. The Commission accepts DHX’s and Blue Ant’s explanation that they could not have submitted their comments prior to the closure of the intervention period as they were not aware of the content of the CMPA’s comments prior to the deadline. The Commission considers that DHX’s and Blue Ant’s comments are responsive to the issue of independent production and will create a more fulsome record. Consequently, these comments have been added to the record of this proceeding.

Yours sincerely,

Danielle May-Cuconato
Secretary General

c.c.: jay.thomson@cmpa.ca, bell.regulatory@bell.ca, sylvie.courtemanche@corusent.com, reglementaires@quebecor.com, serge.bellerose55@gmail.com, susan.wheeler@rci.rogers.com, and agathap@tlntv.com

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