ARCHIVED - Broadcasting - Commission Letter - 6166954 Canada Inc.

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Letter

Ottawa, 5 May 2005

BY FAX

Our File No.: 5020-00UP37-X

APPLICANT

Mr. William Craig
6166954 Canada Inc.
Toronto , Ontario
(416) 979-1300

RESPONDENTS

Ms. Cynthia Rathwell
Vice-President, Regulatory Affairs
Star Choice Communications Inc.
440 Laurier Avenue West, Suite 200
Ottawa, ON   K1R 7X6
(613) 234-7502

Mr. Michael Ferras
Director, Regulatory Planning
Shaw Communications Inc.
440 Laurier Avenue West, Suite 200
Ottawa, ON   K1R 7X6
(613) 234-2997


Re: Complaint by 6166954 Canada Inc. against Shaw Communications Inc. and Star Choice Communications Inc. pursuant to Sections 9, 20 and 40 of the Broadcasting Distribution Regulations

Further to the complaint by 6166954 Canada Inc. (the Applicant) to the Commission dated 23 March 2005 in the above-noted matter, this letter shall serve to advise the Applicant and Star Choice Communications Inc. and Shaw Communications Inc. (the Respondents), that the Commission has decided to adjudicate this matter on an expedited basis, in accordance with the expedited process established in Broadcasting Circular CRTC 2005-463 dated 18 April 2005 entitled Expedited procedure for resolving issues under the Broadcasting Act.

Consequently, this matter will be referred to a Panel of three Commissioners and the proceeding will include an oral hearing on 8 July 2005 .

No later than 24 May 2005, the Applicant and the Respondents shall each file with the Commission at  procedure@crtc.gc.ca, and serve on each other, a document consisting of a concise argument stating all the facts and Commission requirements and regulatory decisions relied upon in supporting their respective positions, as well as, in the case of the Applicant, a concise statement of the relief sought. This document shall be no longer than 10 pages in length. The parties shall file, as an attachment, a copy of all written material upon which they rely, except material already filed on this record, Commission determinations, tariffs, tariff filings and any other similar documentation usually before the Commission in the normal course of business. A copy of the submission should also be forwarded to Randy Hutson, at randy.hutson@crtc.gc.ca .

Where a party designates information filed with the Commission as confidential, it must provide the reasons for its claim for confidentiality. If it chooses to do so, the other party (the requesting party) has two days to make representations to the Commission, clearly stating why it considers that the disclosure of the information filed in confidence is in the public interest, serving a copy on the party claiming confidentiality. The party claiming confidentiality will have two days to file a reply, serving a copy on the requesting party.

The hearing will be held on 8 July 2005, in Salon Réal Therrien on the 7 th  floor of the Central Building, Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec.

At the beginning of the hearing, the Applicant and the Respondents will be accorded the opportunity to briefly address the Panel, 10 minutes maximum. The parties will then be questioned by the Commission and each other. The Applicant and the Respondents will be accorded the opportunity to briefly address the panel at the conclusion of the hearing.

The parties are required to bring with them all relevant documentation and knowledgeable personnel. An adverse inference may be drawn, if appropriate, from the failure of a party to bring all relevant documentation and knowledgeable personnel to the oral hearing.

The parties will be provided with an agenda for the hearing by June 27, 2005 and are required to provide to Ms. Marielle Giroux-Girard, at marielle.giroux-girard@crtc.gc.ca , and serve on each other, at least 10 days prior to the panel hearing, the name(s) of the person(s) who will be attending the hearing and their area of expertise.

Parties may contact Mr. Stephen Millington at (819) 953-0632, or at stephen.millington@crtc.gc.ca , if they require additional information regarding the hearing.

Verbatim transcripts of the hearing will be kept and posted on the Commission's web site.

Where a document is to be filed or served by a specific date, the document must be actually received, and not merely sent, by that date.

 

Yours sincerely,

 

   

Randolph Hutson
Director - Competitive Disputes
Broadcasting

 

Date Modified: 2005-05-05

Date modified: