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Broadcasting
Circular CRTC 2005-463
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Ottawa, 18
April 2005 |
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Expedited
procedure for resolving issues arising under the Broadcasting Act
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Background
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1.
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The Commission has consistently sought to
implement practices and procedures that bring about the timely resolution
of issues arising under the Broadcasting Act. For example,
the Commission’s central objective in issuing Practices and procedures
for resolving competitive and access disputes, Public Notice CRTC
2000-65, 12
May 2000 was to allow it to reach determinations with respect to competitive
disputes as expeditiously as possible. |
2.
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As a further means to hasten the resolution
of broadcasting disputes, the Commission considers that it would be
appropriate at this time to implement procedures for the conduct of
expedited public hearings. These hearings would complement the Commission’s
existing dispute resolution guidelines and tools, and be similar to
the procedures that it recently established for resolving disputes
arising under the Telecommunications Act (see Expedited
procedure for resolving competitive issues, Telecom Circular CRTC
2004-2, 10 February 2004). |
3.
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In this regard, as noted in Good commercial
practices, Broadcasting Public Notice CRTC 2005-35
of today’s date, the Commission recently employed such an expedited
hearing process to deal with an allegation of undue preference raised
under both the Telecommunications Act and the Broadcasting
Act1. |
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New practices and
procedures
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4.
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In order to expedite decisions on certain
issues arising under the Broadcasting Act, panels of
Commissioners will be struck to conduct brief public hearings to deal
with such issues on an accelerated basis. These panels will generally
consider matters involving no more than two parties, where the issues to
be resolved involve questions of interpretation concerning an existing
Commission decision, regulation or other regulatory requirement, or its
application to a particular fact situation. |
5.
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The approach currently followed and the
timeframes set aside for developing the public record in dispute
resolution matters (generally complaint, response and reply) will
continue to apply, in any given case, until such time as the Commission
determines that the matter is appropriate for referral to a panel for an
expedited hearing process. At that point, given the importance that the
Commission attaches to the timely resolution of these matters,
extensions of time for the filing of materials as set out below will
generally not be granted. |
6.
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When the Commission decides that a matter
before it should be determined by a panel under the expedited
procedures, parties will generally be called to attend a brief oral
hearing. At the beginning of the hearing, each party will be accorded a
brief opportunity (generally 10 minutes) to address the panel. The
parties will then be questioned by the Commission first, and then be
given an opportunity to question each other (generally 20 minutes each).
Finally, each party will again be accorded a brief opportunity
(generally 10 minutes) to address the panel, following which the oral
hearing will conclude. These procedures may be modified as circumstances
require. Verbatim transcripts of the hearing will be posted on the
Commission's web site. |
7.
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Parties attending such hearings will be
required to bring with them personnel knowledgeable of the issues at
hand and all relevant documentation. Where appropriate, the Commission
may draw an adverse inference should a party fail to appear at the oral
hearing accompanied by such personnel and by all relevant documentation. |
8.
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At least ten days before the oral hearing,
each party to an expedited hearing process will be required to file with
the Commission and the other party, a document of no more than ten pages
containing a concise argument that states the facts, and identifies the
Commission decisions, regulations or other regulatory requirements
relied on by the party. Each party should also include in this document
a concise statement of any relief sought. The Commission may also
request a party or parties to file further information before or at the
oral hearing. |
9.
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Hearings will generally be held in Salon
Réal Therrien on the 7th floor of the Central Building, Les
Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec.
Either at or within a few days of the oral hearing, the panel will issue
a brief decision with respect to each matter disposed of by the panel.
The new expedited procedures will be introduced effective as of today’s
date. |
10.
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The Commission encourages parties, prior to
applying for formal dispute resolution pursuant to the procedures
announced in this Circular or to any of the other existing guidelines
and tools, to exhaust all other alternative methods to resolve their
disputes, including bilateral negotiations, third-party mediation or
dispute resolution assisted by Commission staff. |
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Secretary General
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This document is available in alternative
format upon request, and may also be examined in PDF
format or in HTML at the following Internet site: http://www.crtc.gc.ca
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Footnote:
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