Broadcasting Procedural Letter addressed to Peggy Tabet (Québecor Média inc.)
Ottawa, 6 March 2019
Our reference: 2019-0156-2
Regulatory Affairs, Broadcasting, Québecor Média inc.
Re: Procedural and publication request regarding a Part 1 application for undue preference 2019-0156-2 - Groupe TVA inc. v Bell Canada and Bell ExpressVu Limited Partnership - RDS
Dear Madam Tabet,
On 26 February 2019, the Commission received a part 1 application regarding an alleged undue preference for RDS (and against TVA Sports), and an accompanying letter requesting confidentiality.
The application by Québecor Média inc. (Québecor), on behalf of Groupe TVA inc. (TVA), contains a request to expedite the process given the urgency of the situation and the damages incurred. Commission staff does not consider it appropriate to further abbreviate the part 1 process’ already shortened deadlines as:
- It appears that no substantial changes to the nature of the parties’ agreements have occurred since March 2016, which undermines any notion of urgency; and that,
- Québecor did not demonstrate that an expedited process would materially impact the alleged damages incurred.
In order to provide all interveners with a fair opportunity to comment on this proceeding, please note that Québecor’s application will processed under the standard part 1 timelines. The timeline for comment on this proceeding will be reflected on our website accordingly.
Pursuant to Section 33(4) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, the Commission requests public disclosure of the information that you designated as confidential in Appendix 3 of your application. Specifically, we refer to the content of the formal legal notice by TVA and the content of the reply by Bell Canada and Bell ExpressVu Limited Partnership (Bell).
Commission staff considers that the contents of this appendix should be placed on the public file as they do not reveal strategic or financial information that has not already been presented in the application. We consider that any specific direct harm caused by disclosure would not outweigh the public interest in disclosure.
We invite Québecor to file a reply indicating whether it accepts staff’s request for disclosure of Appendix 3’s contents. Should it disagree, Québecor will need to justify its request further and in more detail, and file a revised abridged version of the document within 10 days.
A copy of this letter and all related correspondence will be added to the public record of the proceeding.
Senior Analyst, Alternative Dispute Resolution
c.c.: Anne Julien, Québecor Média, firstname.lastname@example.org
Regulatory Affairs, Bell Canada, email@example.com
Kevin Goldstein, Bell Canada, firstname.lastname@example.org
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