Broadcasting - Secretary General Letter addressed to Monica Auer (Forum for Research and Policy in Communications) and John Lawford (Counsel to Public Interest Advocacy Centre and OpenMedia Engagement Network)
Ottawa, 26 January 2024
Our Reference: 2023-138
BY EMAIL
Monica Auer
Executive Director
(FRPC)
Ottawa, Ontario
execdir@frpc.net
John Lawford
Counsel to Public Interest Advocacy Centre and OpenMedia Engagement Network
Ottawa, Ontario
piac@piac.ca
Subject: Procedural requests to file Requests for information (RFIs) on the public record of the Contributions proceeding launched by Broadcasting Notice of Consultation CRTC 2023-138
Monica Auer, John Lawford,
On 21 December 2023, Commission staff sent two RFI letters one in English and one in FrenchFootnote1 to various parties who had appeared at the public hearing held from 20 November to 8 December 2023. The deadline to file responses was 18 January 2024. Due to certain recipients not receiving the letters in question, staff resent the two letters, with a new date of 4 January 2024, to all parties that were asked a RFI question. As explained in the email sent on that date, the questions remained unchanged, and the deadline for filing responses was modified to 26 January 2024. The RFI letters were directed only to the parties from whom the Commission was seeking additional information and, consistent with its practice in this respect, they were not published on the CRTC’s website. As is the normal practice, the parties were asked to repeat the questions in their responses which would be published on the CRTC’s website so that all parties to the proceeding would be aware of the questions and responses in order to prepare their final submissions.
The Forum for Research and Policy in Communications (FRPC), as well as Public Interest Advocacy Centre/OpenMedia Engagement Network, filed two distinct procedural requests on 12 January 2024 and 15 January 2024, respectively, asking that the Commission publish all RFIs on the public record of the Contributions proceeding (NoC 2023-138), in both official languages.
Although the questions contained in the RFIs will be made available with the publication of the responses, the Commission sees no harm in sharing the questions more broadly in advance. Accordingly, the Commission approves the requests to place the RFI letters dated 21 December 2023 and 4 January 2024, in both official languages, on the public record of NoC 2023-138.
The FRPC also requested that the Commission publish the deadline for final submissions along with the four RFI letters. In this regard, the Commissionnotes that RFI letters will be posted as soon as possible, and that the deadline for final written submissions will be announced shortly thereafter. The Commission therefore denies this request.
The FRPC further requested that the Commission issue a “2023-138-2” notice advising parties that the proceeding’s record has been re-opened. In that regard, the Commission notes that it announced at the hearing on 8 December 2023 that RFIs would be sent to some parties and that there would be a final submission period. The Commission was clear that elements would still be added to the public record and that the record would close with the filing of final written submissions. Therefore, the Commission denies this request made by the FRPC as the issuance of a dash in this respect is unnecessary.
The FRPC also requested that all other correspondence between the CRTC, its staff and the parties in this proceeding be posted on the public record by the end of the CRTC’s next working day. All relevant correspondence from the Commission which will form part of the record on which the decision is based has been published on the record in the normal course. The Commission denies the request to publish all other correspondence between its staff and parties as it does not relate to the substance of the proceeding or form part of the record on which the decision will be based.
Yours sincerely,
Marc Morin
Secretary General
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