ARCHIVED -  Transcript of Proceeding

TRANSCRIPT OF PROCEEDINGS BEFORE

THE CANADIAN RADIO-TELEVISION AND

TELECOMMUNICATIONS COMMISSION

SUBJECT:

Proceeding to consider the compliance of Globalive with the ownership and control regime

HELD AT:

Réal Therrien Room

1 Promenade du Portage

Gatineau, Quebec

September 24, 2009

Transcripts

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Canadian Radio-television and

Telecommunications Commission

Transcript

Proceeding to consider the compliance of Globalive with the ownership and control regime

BEFORE:

Konrad von Finckenstein   Chairperson

Len Katz   Commissioner

Peter Menzies   Commissioner

ALSO PRESENT:

Cindy Ventura   Secretary

Stephen Millington   Legal Counsel

Leigh-Anna Gates

Lyne Renaud   Hearing Manager

HELD AT:

Réal Therrien Room

1 Promenade du Portage

Gatineau, Quebec

September 24, 2009

   Gatineau, Quebec

--- Upon resuming on Thursday, September 24, 2009 at 1400

1641   THE CHAIRPERSON: Okay. Shall we resume?

1642   We are now on the record again and the microphones are on and the other parties presumably are listening on their webcasts. We have had a long and fruitful discussion with Globalive and Orascom off the record. You started by filing a term sheet and several exchanges to most of the documentation which is public.

1643   When do you expect to have a final version of those documents that you can file?

1644   I am asking that, Mr. Intven and Mr. Campbell, because I think it is only fair that the interveners also see the concessions that you have made this morning so that they can frame their final responding comments in light of the deal as it stands right now.

1645   MR. INTVEN: Well, Mr. Chairman, it would be our submission that if we filed the term sheet then the interveners would have an opportunity to comment on the specific changes. I think the term sheet is pretty specific about the changes. Are you asking us to actually file all of the documentation that would be required to implement all the changes in the term sheet or the term sheet?

1646   THE CHAIRPERSON: No, both. Because I mean the term sheet is not on its face -- it is very clear in the key thoughts but, as you remember, we had a lot of exchange and questions with you as to what it means and what are the implications, et cetera. So just doing the term sheet, I think, would not fulfill the requirement of an open due process.

1647   MR. INTVEN: Okay.

1648   MR. LOCKIE: Okay. We have talked about it with your counsel and that, and, if necessary, we will make our best efforts to do it by Tuesday at 5:00.

1649   THE CHAIRPERSON: Okay. We will have our redacted record of the hearings to you sometime tomorrow and we will make sure we agree with the redactions before we put it on the web as well, so that then everybody by close of business -- by early Wednesday will have your revised documentation and a redacted effort and they can then use that to phrase their comments.

1650   I think that would necessitate -- is that enough time for you? If it isn't -- I am in your hands here. Those are your changes. The implication on how long it takes to implement them is with you, not with me.

1651   MR. INTVEN: We understand from discussions with your counsel that there is a risk of delaying the decision if we don't comply with this, so we will work around the clock to get it done.

1652   THE CHAIRPERSON: Okay. Then let's meet here Thursday at 9:00 a.m., Thursday, October 1st, and we will hear from the other parties and then you as the final one, and then we will make a decision, as I promised, within 30 days, and hopefully sooner depending on the clarity of your position.

1653   If there are any further changes you want to make, obviously, you can present those on Thursday.

1654   MR. INTVEN: Thank you, Mr. Chairman.

1655   THE CHAIRPERSON: Are there any questions, anything that you need to clarify?

1656   MR. INTVEN: Mr. Chairman, one thing for planning purposes. People are wondering, when you say 30 days, it looks like that is either the 24th -- the 23rd October, which is a Friday, or the 27th, which is a Monday. I have been asked --

1657   THE CHAIRPERSON: That weekend I am in Montréal and hosting the international conference --

1658   MR. INTVEN: Of course.

1659   THE CHAIRPERSON: -- where you hopefully will be, too. So you can be sure --

--- Laughter

1660   THE CHAIRPERSON: So assume it's the Friday.

1661   MR. INTVEN: Thank you very much, sir.

1662   THE CHAIRPERSON: I don't want this hanging over my head.

1663   MR. INTVEN: Thank you.

1664   THE CHAIRPERSON: Okay. Anything else?

1665   If not, thank you very much. Thank Mr. Sawiris for making himself available by video conference from Egypt. I think you have a clear understanding what our concerns are and, as I mentioned this morning at the hearing, it is the levers of control that concern us. Thank you very much.

--- Whereupon the hearing adjourned at 1405, to resume on Thursday, October 1, 2009 at 0900

   REPORTERS

____________________      ____________________

Kristin Johansson      Jean Desaulniers

____________________

Monique Mahoney

Date modified:

2009-09-25