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Broadcasting Notice of Public Hearing CRTC 2004-7
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See also : 2004-7-1
Ottawa, 9 July 2004 |
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The Commission will hold a public hearing
following the conclusion of the public hearing commencing on 7 September
2004 announced in Broadcasting Notice of Public Hearing CRTC
2004-5, at the Conference Centre, Portage IV,
140 Promenade du Portage, Gatineau, Quebec, to consider the following: |
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Star Choice Television Network Incorporated
(Star Choice) is the licensee of a national, direct-to-home broadcasting
distribution undertaking. On 1 May 2003, pursuant to subsection 12(2) of the
Broadcasting Distribution Regulations (the Regulations), Star Choice
(through its parent company Star Choice Communications Inc.) requested that
the Commission resolve a dispute between Star Choice and MusiquePlus Inc.
MusiquePlus Inc. is the licensee of two French-language specialty services,
namely MusiMax and MusiquePlus. The dispute concerned the wholesale rate
payments owed and payable by Star Choice to MusiquePlus Inc. for the
distribution of these services, in both the Quebec market and the market in
the rest of Canada, between 31 July 2001 and 31 August 2003, and between
1 September 2003 and 31 August 2006. |
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The Commission proceeded to deal with this
matter by way of a confidential final offer selection process, as described
in Access rules for broadcasting distribution undertakings, Public
Notice CRTC 1996-60, 26 April
1996 and in Practices and procedures for resolving competitive and access
disputes, Public Notice CRTC
2000-65, 12 May 2000. In accordance with this process, both Star Choice
and MusiquePlus Inc. were requested to submit final offers accompanied by
supporting rationales. On 23 December 2003, the Commission selected the final
offer that had been submitted by MusiquePlus Inc. Although the final offer by
MusiquePlus Inc. had reflected a starting date of 1 September 2000 for the
wholesale rate repayments, the Commission determined that the starting date
would be 31 July 2001, that date marking the beginning of the historical
period for which the Commission’s determination had been sought. The
Commission’s decision was conveyed to the parties in a confidential letter
decision. |
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On 26 April 2004, the Commission received a
letter from MusiquePlus Inc. alleging that Star Choice had failed to pay
wholesale fees to MusiquePlus Inc. in accordance with the Commission’s
decision. MusiquePlus Inc. requested that the Commission issue a mandatory
order to Star Choice, pursuant to subsection 12(2) of the Broadcasting Act
(the Act), requiring Star Choice to comply with the Commission’s decision. In
a subsequent letter dated 14 May 2004, MusiquePlus Inc. indicated that, as of
February 2004, Star Choice was in arrears by a total amount of $1,121,373.21. |
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In a letter dated 30 April 2004, Star Choice was
asked to inform the Commission whether it was in compliance with the
Commission’s decision. In its reply letter dated 7 May 2004, Star Choice
indicated its wish to continue to negotiate with MusiquePlus Inc. on this and
related matters and that, in the interim, it would adjust its payments going
forward to reflect the Commission’s decision. |
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Mandatory order |
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The Commission notes that the requirements set
out in its decision covered both of the periods 31 July 2001 to 31 August
2003, and 1 September 2003 to 31 August 2006. The Commission is satisfied
that the requirements were clear and does not regard Star Choice’s letter of
7 May 2004 as responsive to the Commission’s letter of 30 April 2004. The
Commission thus considers it appropriate to proceed to a mandatory order
hearing immediately. |
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Accordingly, pursuant to section 12 of the Act,
the Commission requires Star Choice to appear at a public hearing following
the conclusion of the 7 September 2004 public hearing, at the Conference
Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec, to show cause
why a mandatory order requiring it to comply with section 15 of the
Regulations and, more particularly, with the Commission’s letter decision
dated 23 December 2003, should not be issued. |
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Call for comments – Three phase process |
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In order to gather additional information with
respect to this matter in advance of the hearing and to co-ordinate the
Commission’s efforts efficiently, the Commission’s public process will
proceed as set out below. |
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Phase 1 |
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Star Choice may file no later than 23 July
2004 any documentation and argument it believes pertinent to the issuance
of a mandatory order requiring it to comply with section 15 of the
Regulations and, more particularly, with the Commission’s letter decision
dated 23 December 2003. |
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Once received, the above information will be
placed on the public file to permit all parties to comment. |
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Phase 2 |
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MusiquePlus Inc. and the public may provide
written comments concerning the issuance of a mandatory order. Interested
parties have until 3 August 2004 to file their comments and to send a
copy of their submissions to Star Choice at the address below. The complete
process for filing comments is outlined at the end of this notice. |
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Phase 3 |
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Star Choice will have until 10 August 2004 to
reply to the comments filed in Phase 2 of this proceeding. |
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Procedure for filing comments |
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Interested parties can file their comments with
the Secretary General of the Commission using only one of the
following formats: |
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[Interventions/comments form]
available from the Commission’s web site by indicating and selecting the
notice of public hearing
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or |
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by electronic mail to
procedure@crtc.gc.ca |
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or |
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by mail at
CRTC, Ottawa, Ontario, K1A 0N2 |
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or |
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by fax to the
Secretary General – (819) 994-0218 |
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Your comment must also include one of the
following statements in either the first or the last paragraph: |
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1 - I want to appear at the public hearing.
2 - I do not want to appear at the public hearing.
3 - I will appear at the public hearing if requested by the Commission. |
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Your comments will be considered by the
Commission, and will form part of the public record of the proceeding without
further notification to you, provided the procedure set out below has been
followed. You will be contacted only if your submission raises procedural
questions or if your appearance is requested at the hearing. |
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A true copy must be sent to Star Choice
and proof that this has been done must accompany the comments sent to the
Commission.
Star Choice Network Incorporated
440 Laurier Avenue West
Suite 200
Ottawa, Ontario
K1R 7X6 |
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Submissions longer than five pages should
include a summary. |
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Please number each paragraph of your submission.
In addition, where the document is filed electronically, please enter the
line ***End of document*** following the last paragraph. This will help the
Commission verify that the document has not been damaged during transmission. |
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If you wish to appear, you must provide reasons
why your written comments are not sufficient and why an appearance is
necessary. |
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Persons requiring communications support such as
assistance listening devices and sign language interpretation are requested
to inform the Commission at least twenty (20) days before the commencement of
the public hearing so that the necessary arrangements can be made. |
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Important
All information submitted, including your email address, name and any
other personal information as provided, will be posted on the Commission’s
web-site. Documents received in electronic format will be posted on the
Commission’s web site exactly as you send them, and in the official language
and format in which they are received. Documents not received electronically
will be available in .pdf format. |
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Examination of documents |
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Electronic versions of the public file and the
submissions of Star Choice and MusiquePlus Inc. are available on the
Commission’s web site at www.crtc.gc.ca
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A list of all comments will also be available on
the Commission’s web site. An electronic version of all comments submitted
will be accessible from this list. To access the list, select "Lists of
interventions/comments" under "Public Proceedings" from the Commission’s web
site. |
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Documents are also available during normal
office hours at the local address provided in this notice and at the
Commission offices and documentation centres directly involved with this
process or, upon request, within 2 working days, at any other CRTC offices
and documentation centres. |
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 – TDD: 994-0423
FAX: (819) 994-0218 |
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Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 – TDD: 426-6997
FAX: (902) 426-2721 |
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405 de Maisonneuve Boulevard East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607
FAX: (514) 283-3689 |
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55 St. Clair Avenue East, Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
FAX: (416) 954-6343 |
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Kensington Building
275 Portage Avenue, Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 – TDD: 983-8274
FAX: (204) 983-6317 |
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Cornwall Professional Building
2125 – 11th Avenue, Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
FAX: (306) 780-3319 |
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10405 Jasper Avenue, Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
FAX: (780) 495-3214 |
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 – TDD: 666-0778
FAX: (604) 666-8322 |
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This document is available in alternative
format upon request and may also be examined at the following Internet site:
http://www.crtc.gc.ca |
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Secretary General |