ARCHIVED - Broadcasting Commission Letter addressed to the Distribution List

Ottawa, 13 May 2019

Our reference: 1011-NOC2019-0091

BY E-MAIL

To: Distribution List

RE: Joint reply to the request for information related to Call for comments on the Commission's policy on Canadian programming expenditures (BNC 2019-91)

Dear Madams, Sirs:

On 28 March 2019, a request for information (RFI) was issued as part of Broadcasting Notice of Consultation CRTC 2019-91, Call for comments on the Commission’s policy on Canadian programming expenditures. The RFI requested revenue and expenditure data related to digital media broadcasting activities, including the online windows associated with licensed services as well as any other digital media broadcasting service.

On 17 April 2019, the Commission received your joint reply to the RFI, submitted collectively by “The Broadcasters”, in which you indicated that you would not comply with the request. In that joint reply, you raised concerns arising from the difficulty involved in separating traditional and digital data, potential variations in the accounting practices of respondents, and the commercially-sensitive nature of the information requested.

After consideration of the joint reply, the Commission has determined that the information requested in the RFI is necessary to fulfilling its objective of updating its current policy relating to CPE. The Commission emphasizes that recourse to comprehensive information is fundamental for its understanding of the digital media broadcasting activities of Canadian broadcasters and of the impact of those activities on traditional television services. 

Therefore, consistent with the Commission’s determinations in Broadcasting Notice of Consultation 2019-91-1, in accordance with paragraph 4 of the Exemption order for digital media broadcasting undertakings, set out in the appendix to Broadcasting Order 2012-409, and pursuant to section 9(2)(a) of the Discretionary Services Regulations, and section 12(3)(a) of the Television Broadcasting Regulations, 1987, you are directed to submit information on your activities as originally requested in the RFI.

In regard to your concerns regarding the difficulty involved in separating traditional and digital data and potential variations in the accounting practices of respondents, the Commission notes that broadcasters are responsible for the development of their own internal accounting policies. Commission staff can assist you as needed, including by providing guidance in regard to the scope of information that must be submitted.

In regard to your concerns arising from the commercially-sensitive nature of the information requested, consistent with its general practice, the Commission will apply sections 30 to 34 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure when considering requests for confidentiality. In this regard, the following criteria, set out in Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin 2010-961, 23 December 2010 (Broadcasting and Telecom Information Bulletin 2010-961), will apply:

• A party filing information can “designate” it as confidential at the time it is filed with the Commission (Section 31) if it falls into one of the following categories:
  1. information that is a trade secret;
  2. financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
  3. information the disclosure of which could reasonably be expected
     1. to result in material financial loss or gain to any person;
     2. to prejudice the competitive position of any person; or
     3. to affect contractual or other negotiations of any person.
• At the time that the party files the information it designates as confidential, it must provide an abridged version of the document along with an explanation of how the information falls into a category of information listed in Section 31. The party must provide a detailed rationale to explain why the disclosure of the information is not in the public interest (Section 32(1)).
• The confidential version of the document must be filed separately and must be marked “CONFIDENTIAL” on each page. If the document is filed electronically, each file containing confidential information must include “confidential” in the file name.
• The abridged version of the document and the reasons for the designation of information as confidential will be placed on the public record of the proceeding.

For additional information, please consult Broadcasting and Telecom Information Bulletin 2010-961 as well as Implementation of new Rules of Practice and Procedures, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010.

If you have any questions regarding this request for information, please contact Nicolas Gatto at 873-353-9280, or by e-mail at nicolas.gatto@crtc.gc.ca.

The requested information must be submitted by 3 June 2019.

Yours sincerely,

Claude Doucet
Secretary General

c.c. : Distribution List

Aboriginal Peoples Television Network Incorporated
Allarco (Super Channel)
BCE Inc.
Channel Zero
Corus Entertainment Inc.
DHX Media Ltd.
Fairchild Property Group Ltd.
Jim Pattison Broadcast Group Ltd.
Les Placements Péladeau inc.
Remstar Diffusion inc. (V Média)
RNC Média inc.
Rogers Communications Inc.
TV5 Québec Canada
ZoomerMedia

Date modified:

2019-05-13