Join Date: Sep 2005
Location: Downtown Toronto • Toshiba 52XL177 • HD DVD Toshiba • Rogers HDPVR Cisco 8642
So, relax for a bit. The CRTC chose to do nothing about Fee for Carriage (ooops! Value For Service!).
A "reference" from the Federal Court goes something like this:
"Yo, Judge! Suppose I plan to murder some guy, will I get off if there are the following circumstances?"
It's like peeking under the hood. The court, in a "reference", is giving an opinion of how it might rule, in a hypothetical case, with the facts as presented -- without an opposing counsel. The answer will be couched in "could be" and "inclined to rule this way" language. A "reference", in short, is not a ruling.
The best "reference" question is one that is bald and blunt; the CRTC's is rambling by comparison. At its heart, the CRTC just wants to know if it has the jurisdiction to set such regulation. The court could say "seems so!" and that would NOT stop a subsequent court challenge by a BDU or broadcaster.
Neither is the court obligated to respond, ever, or in a timely or expedited manner. There are a lot of variables here!
FFC/VFS is not likely to be a drain your pocket or mine in the near future.