Broadcasting - Staff Letter addressed to Pamela Dinsmore (Rogers Communications Canada Inc.) and Scott Mitchell (Timeless Inc.)
Ottawa, 13 December 2024
BY EMAIL
Pamela Dinsmore
Vice President, Regulatory Cable and Broadband
Rogers Communications Canada Inc.
Scott Mitchell
Chairman
Timeless Inc.
Subject: Application 2024-0443-2 – Request for review of OneSoccer’s ownership and control further to determinations made in Broadcasting Decision 2023-94; Procedural request regarding the carriage of OneSoccer
Pamela Dinsmore and Scott Mitchell,
This letter concerns an application (2024-0443-2) submitted by Rogers Communications Canada Inc. (RCCI) on 6 August 2024 requesting that the Commission review the ownership and control of OneSoccer further to determinations made in Broadcasting Decision 2023-94. In its application, RCCI requested that the Commission disclose the information relating to OneSoccer’s ownership and control that is on file with the Commission.
On 5 November 2024, Timeless Inc. (Timeless) provided abridged and confidential versions of the requested documents.
Further, this letter concerns a procedural request submitted by Timeless on 22 October 2024. In its request, Timeless requested that the Commission order RCCI and Timeless to mediate, and if necessary, arbitrate a rate and a contract for the carriage by RCCI of the OneSoccer channel.
On 30 October 2024, RRCI replied to Timeless’s procedural request, indicating that the request is entirely inappropriate and should be summarily dismissed.
On 26 November 2024, the Commission reopened the public record for application 2024-0443-2, making available for comment the abridged versions of the documents requested by RCCI, as well as the procedural request filed by Timeless.
On 2 December 2024, RCCI filed a procedural request concerning the abridged versions of the Services Agreement and the Assignment and Assumption Agreement filed by Timeless. Specifically, RCCI requested:
- the disclosure of certain information that, according to RCCI, has been improperly designated as confidential by Timeless pursuant to subsection 33(1) of the CRTC’s Rules of Practice and Procedure; and
- the suspension of the process set out in the CRTC Letter to address RCCI’s procedural request, with new deadlines for filing comments and replies once the requested disclosure has been placed on the public record.
On 5 December 2024, Timeless filed a response letter indicating that it would disclose the information requested by RCCI. This letter was accompanied by amended abridged versions of the Services Agreement and the Assignment and Assumption Agreement disclosing the requested information. This information was added to the public record for this application on 6 December 2024.
The Commission also received 75 interventions that were added to the public record.
Finally, in a letter dated 11 December 2024, RCCI argued that procedural irregularities have undermined the fairness of this proceeding. In particular, RCCI highlighted that its 30 October 2024 response to Timeless’ 22 October 2024 procedural request was omitted from the public record for this application and that the Commission did not notify the public nor did it extend the filing deadlines to comment on the new information provided by Timeless. Furthermore, RCCI indicated that it did not receive a copy of the 75 interventions and, given the short period between publication of the intervention and the deadline for final reply, did not have appropriate time to consider them in its final reply.
RCCI’s 30 October 2024 letter has since been added to the record for this application.
Given the above, Commission staff finds it appropriate to allow RCCI and Timeless to file a reply by 20 December 2024.
For further information, you may contact Sean Harvey by email at sean.harvey@crtc.gc.ca.
Sincerely,
Original signed by
Scott Hutton
Vice-President, Consumer, Analytics and Strategy
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