ARCHIVED - Broadcasting Commission Letter Addressed to Kevin Goldstein (Bell TV)

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Ottawa, 13 December 2016


Mr. Kevin Goldstein
Vice President
Regulatory Affairs, Content and Distribution
Bell TV
299 Queen Street West
Toronto, Ontario  M5V 2Z5

Subject: Bell ExpressVu’s pay-per-view (PPV), and direct-to-home pay-per view (DTH PPV) services Canadian programming contributions

Dear Mr. Goldstein:

Following Commission’s staff review of the contributions to Canadian programming by Bell ExpressVu’s PPV & DTH PPV services for the 2014-2015 broadcast year, it appears that Bell ExpressVu may be in non-compliance with Condition of licence # 8 from Appendix to Broadcasting Regulatory Policy CRTC 2013-561 imposed in its licence renewal decision.

Based on information available to Commission staff in the annual returns as well as subsequent communication with Bell ExpressVu, it appears that Bell ExpressVu did not make the required contributions to an independent production fund during the period under review.

Additionally, the licensee is required to file documents demonstrating that the recipient received the funds as stated by the licensee, including the date and amount of each payment.  The licensee did not file the required documentation demonstrating that the claimed payments were made. 

Also, staff has been unable to determine if the licensee of the Bell ExpressVu PPV and DTH PPV services have met their Canadian programming contribution requirements over the course of the current licence term. 

The supporting documentation filed with the annual returns was incomplete and in some cases inconsistent. 

The supporting documentation must include a summary sheet detailing the monthly payments as well as payment information from the internal accounting system.

The following table presents the calculation of the contribution to Canadian programming requirements based on information provided by Bell ExpressVu in the annual returns relating to its PPV & DTH PPV services.

Table 1 – Bell ExpressVu PPV & DTH PPV contribution requirement for the 2014-2015 broadcast year

Reported revenues 5,945,993 34,069,391
5% requirement 297,300 1,703,470
Payments reported by licensee 281,231 1,461,631
Difference 16,069 241,839
  1. Please confirm the accuracy of the figures provided in the table above including that the reported revenues line reflects 100% of the total revenues.
  2. Please provide the required documentation for the 2014-2015 broadcast year including a summary detailing the calculations, payments and proof of payments.
  3. Please provide proof of payment or confirmation from the recipient of the funds demonstrating the date and amounts of the claimed payments.
  4. Please provide the rationale for the instances of apparent non-compliance identified above.
  5. Please comment on the potential apparent shortfall identified above and the possibility of the Commission requiring Bell ExpressVu to pay these amounts to the CMF or an Independent production fund in order to rectify the apparent shortfall.

Please provide comments on the above noted figures and resulting shortfalls by no later than 23 December 2016.

This letter and your response will be placed on the record of the hearing dealing with the renewal of television licences outlined in Broadcasting Notice of Consultation CRTC 2016-225.  The letter and the response will form part of the record for the renewal of Bell ExpressVu’s PPV & DTH PPV licences.

Please note that the Commission has not yet reviewed the contributions to be made for the 2015-2016 broadcast year.

If you have any questions or concerns regarding this letter please contact
Michael Bergeron at or 819-997-4852.

Commission staff appreciates your cooperation.


[Original signed]

Barbara Motzney

Chief Consumer Officer and Executive Director
Consumer Affairs and Strategic Policy

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