July 11, 2017
Ms. Danielle May-Cuconato
Secretary General
Canadian Radio-television and
Telecommunications Commission
Ottawa, Ontario K1A 0N2
Filed Electronically
Dear Ms.May-Cuconato,
Re: Application by Pelmorex Weather Networks (Television) Inc. to renew the Broadcasting Licence for The Weather Network / MétéoMédia and for the continued carriage of the services as part of the digital basic service.
- Pelmorex Weather Networks (Television) Inc. (“Pelmorex”), formerly Pelmorex Communications Inc. is pleased to submit our application to renew the specialty service programming licence for The Weather Network/MétéoMédia as well as supporting documentation that clearly demonstrates how The Weather Network/MétéoMédiacontinue to meet all of the criteria for mandatory distribution on the basic service.
- This application and supporting documents are being filed in English, with our intention to submit a French language version of our supplementary brief with the Commission at the earlier possible opportunity.
- Pelmorex is submitting NOT WEB - App-Doc11-Appendix 5 TWN-MM -Financial projections(“Appendix 5”) as part of this application in confidence with the Commission pursuant to theCanadian Radio-television and Telecommunications Commission Rules of Practice and Procedureand Broadcasting and Telecom Information Bulletin CRTC 2010-961.
- Appendix 5 contains projected annual returns for The Weather Network/MétéoMédia based on the assumption that our request for mandatory basic distribution is denied and its basic monthly subscriber fee is not regulated, in which case the annual return and financial statements of the undertaking will be treated as confidential commencing with the broadcast year duringwhich the undertaking’s basic monthly subscriber fee is no longer regulated.[1]
- Disclosure of this financial information, which consists of an analysis of the impact that a denial of this application would have on the rates, subscriber penetration expectations, revenues and expenditures of The Weather Network/MétéoMédia, would provide BDUs with strategic information regarding Pelmorex’s business plans, costs and revenues in a distribution environment that would not otherwise be publicly available.
- In the event that our application to have the distribution order extended is denied by the Commission, the BDUs with whom we will have to negotiate carriage arrangements will be fully aware of sensitive commercial information relating to the operation of The Weather Network/MétéoMédia and the commercial terms under which we expect future carriage that could be used by them to the detriment of Pelmorex. If such financial information were disclosed, it would cause direct and specific harm to Pelmorex.
- Given the importance of ensuring that distribution undertakings and specialty services negotiate carriage arrangements on equitable terms, it would further the public interest for the Commission to refuse to disclose this financial information.
- Pelmorex also believes that the level of detail provided in Appendix 5for which we are requesting confidentiality is neither necessary nor relevant to the ability of interested parties to comment on the merits of our application and request for continued distribution as part of the basic service.
- Pelmorex therefore requests that the Commission neither publish nor reveal this confidential information to any other person. An abridged version of Appendix 5has been included with the application filed today. Should the Commission, however, refuse to grant our request for confidentiality, Pelmorex requests that, in accordance with the Commission’s standard practice, Pelmorex be permitted to either re-submit a revised version of our application containing no confidential information or have the confidential information returned to it by the Commission.
- Please feel free to contact the undersigned regarding this filing to renew the broadcasting licence for The Weather Network/MétéoMédia and for the continued carriage of the services as part of the digital basic service.
Yours truly,
Paul Temple
Sr. Vice President, Regulatory & Strategic Affairs
Pelmorex Weather Networks (Television) Inc.
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Pelmorex Weather Networks (Television) Inc. Page | 1
[1]See Note 1 of Broadcasting and Telecom Information Bulletin CRTC 2010-961.