rimor
2011-07-30, 06:08 AM
Bell Media filed an intervention in response to CBC's analog applications for London (CBC), Kitchener (CBC), and Windsor (SRC):
https://services.crtc.gc.ca/pub/ListeInterventionList/Documents.aspx?ID=159490&Lang=e
Some excerpts:
2. At the outset, Bell Media respectfully submits that these applications should be returned to CBC for procedural reasons.
4. The Guidelines further state that “since the resulting Commission decision could directly and negatively affect respondents, they must be served with the application (section 22(1)(b)).”1 These applications, in which CBC is asking to what amounts to preferential treatment with respect to the digital transition as set out in several Commission policies dating back to 2007, would negatively affect not only Bell Media but other licensees of OTA television stations in the affected markets. Therefore, it is Bell Media’s opinion that CBC should have indicated in their applications that there are respondents who would be affected by their applications and that copies of the applications should have been served on Bell Media and other potential respondents. Moreover, we would like to note that in June 2011 Bell Media filed two applications for new rebroadcasting transmitters associated with our OTA television station CKVR-TV Barrie. In that filing, Bell Media did not indicate that any respondents would be affected and the Commission subsequently returned the applications. (These applications have since been re-filed and are now before the Commission for consideration).
5. However, should the Commission determine that these applications meet the all the appropriate procedural criteria, Bell Media submits that these applications should still be denied as the CBC has chosen to file an application at the eleventh hour for an exception to a long-established Commission policy.
7. The conversion to digital has been a process several years in the making yet CBC has chosen to file their present applications a mere six weeks prior to the deadline to the transition to digital. Furthermore, due to the limited time frame available until the deadline, the Commission has been forced to shorten the period for interventions to only one week. Bell Media submits that CBC, like all other OTA broadcasters in Canada, has had ample time to prepare for the transition to digital. We are at a loss therefore to understand why the applicant waited until the eleventh hour to file these applications with such little time for either other industry stakeholders or the general public to adequately respond. The Commission cannot treat one group differently from the others, especially due to the fact that all other licensees have been forced to invest tens of millions of dollars in the digital transition.
8. The applicant has erroneously determined that it was not necessary to provide any potential respondents with copies of their applications. Furthermore, CBC should have been adequately prepared for the transition to digital long ago as this policy has been in place for four years, and an application filed at the eleventh hour seeking preferential treatment from a long-established Commission policy should not be granted in light of the significant investments other OTA broadcasters have made in order to meet the 31 August 2011 deadline. Therefore, Bell Media believes there are sufficient grounds for these applications to be denied.
https://services.crtc.gc.ca/pub/ListeInterventionList/Documents.aspx?ID=159490&Lang=e
Some excerpts:
2. At the outset, Bell Media respectfully submits that these applications should be returned to CBC for procedural reasons.
4. The Guidelines further state that “since the resulting Commission decision could directly and negatively affect respondents, they must be served with the application (section 22(1)(b)).”1 These applications, in which CBC is asking to what amounts to preferential treatment with respect to the digital transition as set out in several Commission policies dating back to 2007, would negatively affect not only Bell Media but other licensees of OTA television stations in the affected markets. Therefore, it is Bell Media’s opinion that CBC should have indicated in their applications that there are respondents who would be affected by their applications and that copies of the applications should have been served on Bell Media and other potential respondents. Moreover, we would like to note that in June 2011 Bell Media filed two applications for new rebroadcasting transmitters associated with our OTA television station CKVR-TV Barrie. In that filing, Bell Media did not indicate that any respondents would be affected and the Commission subsequently returned the applications. (These applications have since been re-filed and are now before the Commission for consideration).
5. However, should the Commission determine that these applications meet the all the appropriate procedural criteria, Bell Media submits that these applications should still be denied as the CBC has chosen to file an application at the eleventh hour for an exception to a long-established Commission policy.
7. The conversion to digital has been a process several years in the making yet CBC has chosen to file their present applications a mere six weeks prior to the deadline to the transition to digital. Furthermore, due to the limited time frame available until the deadline, the Commission has been forced to shorten the period for interventions to only one week. Bell Media submits that CBC, like all other OTA broadcasters in Canada, has had ample time to prepare for the transition to digital. We are at a loss therefore to understand why the applicant waited until the eleventh hour to file these applications with such little time for either other industry stakeholders or the general public to adequately respond. The Commission cannot treat one group differently from the others, especially due to the fact that all other licensees have been forced to invest tens of millions of dollars in the digital transition.
8. The applicant has erroneously determined that it was not necessary to provide any potential respondents with copies of their applications. Furthermore, CBC should have been adequately prepared for the transition to digital long ago as this policy has been in place for four years, and an application filed at the eleventh hour seeking preferential treatment from a long-established Commission policy should not be granted in light of the significant investments other OTA broadcasters have made in order to meet the 31 August 2011 deadline. Therefore, Bell Media believes there are sufficient grounds for these applications to be denied.