ARCHIVED - Broadcasting Procedural Letter addressed to Dean Shaikh (Shaw Communications Inc.) and David Watt (Rogers Communications Partnership)

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Ottawa, 8 May 2015

By email

Our file number: 2015-0379-8

Dean Shaikh
Vice President, Regulatory Affairs
Shaw Communications Inc.
dean.shaikh@sjrb.ca

David Watt
Interim Sr. Vice President – Regulatory
Corporate Affairs
Rogers Communications Partnership
david.watt@rci.rogers.com

Re: Part 1 Application by the Public Interest Advocacy Centre - shomi compliance with the Telecommunications Act and the Digital media exemption order (“DMEO”)

Dear Sirs:

We have received your letter dated 29 April 2015, wherein you request that the above noted application filed by the Public Interest Advocacy Centre (PIAC) be returned.

In support of this request, you argue that the application is substantially the same as the one returned by the Commission on 12 March 2015. Given that the applicant was afforded the opportunity to comment on the proceeding to amend and expand the existing exemption order for video-on-demand (VOD) services, Broadcasting Notice of Consultation CRTC 2015-87, you submit that initiating another public proceeding would be premature and an unnecessary regulatory burden. We have also received the applicant’s response to your request, dated 29 April 2015.  

We note that the 12 March 2015 letter, which returned the original application filed by PIAC, stated that if PIAC wished to pursue the issues identified in its applications, it should consider whether it would be more appropriate to do so in Broadcasting Notice of Consultation CRTC 2015-87, or by way of a new application(s). The letter further stated that any new application must take into consideration determinations made in The way forward - Creating compelling and diverse Canadian programming, Broadcasting Regulatory Policy 2015-86, and provide more specific evidence and argument in support of its position.

Based on the documents it has received to date, the application filed by PIAC appears, on its face, to take into consideration determinations made in Broadcasting Regulatory Policy 2015-86. Moreover, examining this application concurrent with the Commission ongoing process initiated by Broadcasting Notice of Consultation 2015-87 does not appear to be unduly burdensome. 

In light of the above, the request is rejected and the application will proceed.

Sincerely,

Original signed by

Donna Gill
Senior Manager
Distribution Regulatory Policy

c.c. PIAC (gwhite@piac.ca)
PIAC (jlawford@piac.ca)

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