Broadcasting Commission Letter addressed to François Fontaine (Norton Rose Fulbright)

Ottawa, 20 August 2019

BY EMAIL

François Fontaine, Ad. E.
Senior Associate
Norton Rose Fulbright
francois.fontaine@nortonrosefulbright.com

Mr. Fontaine,

RE:   Broadcasting Decision CRTC 2019-231

This is in response to your correspondence of 5 July 2019, in which you indicate that Québecor Média Inc. and Vidéotron Ltd. intend to contest the legality of Broadcasting Decision CRTC 2019-231 and that they will not rejoin the set-top box industry working group as directed in this decision.

You also asked the Commission to stay the decision while the proceeding is before the court. In support of your request, you referred to your client’s intention to appeal the decision (Notice of Motion duly submitted on July 29) and implied, as a consequence, there being a lack of urgency.

In decision 2019-231, the Commission reiterated the importance and urgency of implementing a national set-top box audience measurement system. In particular, the Commission believes that further delay would be detrimental to the broadcasting system and to Canadians. The Commission therefore refused to replace conditions of licence 5 and 6, which were imposed in Broadcasting Decision CRTC 2018-269, but suspended the application of the latter condition of licence until 15 January 2020 to allow working group participants sufficient time to implement the system.

In addition, under section 31(1) of the Broadcasting Act (the Act), the Commission’s decisions are final and subject only to exceptions provided for in the Act, which in the circumstances of this application would not apply. Therefore, the licensees must comply with the Commission’s decisions, including the conditions of licence, unless they are overturned or overruled by the court.

Your letter and this reply will be added to the licensee’s public file.

Sincerely,

Original signed by Bernard Montigny for

Scott Shortliffe
Executive Director, Broadcasting

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