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El Quintron
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reply to dillyhammer

Re: Great news! - CRTC blocks Astral buy by Bell

said by dillyhammer:

You know what else I'm wondering about?

Which heads are going to roll at Bell over this. Has to happen. No way a deal of this size can get killed and no-one takes a fall. Somebody has to take the fall. Willingly or otherwise.

Mike

The tone of their press releases is pretty shrill, so my impression is that they thought this was in the bag.

I'm wondering what possessed them to treat this like a done deal when many have been refused for less.
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Gone
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Fort Erie, ON
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said by El Quintron:

I'm wondering what possessed them to treat this like a done deal when many have been refused for less.

Under Konrad they more or less got everything they asked for without even so much as a second thought. The winds of change started when Clement put the kybosh on it. Since then things have tightened up, and this is especially evident now that a new sheriff is running the show.

As I said, there were some very recent rulings related to simsubs and local content requirements that one would have thought would be a formality and approved under Konrad, yet were outright denied with scathing reasons by the CRTC. To call it an about-face switch would be an understatement. After seeing those, the writing was sort of on the wall for this deal to be denied. Bell are merely so delusional and so full of themselves that they were the only ones who didn't see it.

I'm hoping that the CRTC really starts forcing local news and content requirements on the networks, which in turn will mean that the CKVR transmitter Bell has applied for in Fonthill - to which they openly and completely admit is for no purposes other than simsubs - is either denied, or approved on the condition that it is a full transmitter that provides local coverage to the half a million people who live in the Niagara Region. CTV Two Niagara - I like the sound of that.


El Quintron
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said by Gone:

Under Konrad they more or less got everything they asked for without even so much as a second thought. The winds of change started when Clement put the kybosh on it. Since then things have tightened up, and this is especially evident now that a new sheriff is running the show.

I'm going to assume the policy direction is being changed, and the new CRTC chair is probably making sure decisions are in line with it.

Good news over all I'm pretty happy with this "new" CRTC so far.

EQ
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HeadSpinning
MNSi Internet

join:2005-05-29
Windsor, ON
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reply to El Quintron
said by El Quintron:


I'd be betting he'll pick it up for about 85% or what Bell was going to get it for... I don't know how they get away with this crap...

I wonder if Cogeco would have done the Atlantic Broadband deal knowing that Astral might come back in to play.
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Gone
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Fort Erie, ON
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said by HeadSpinning:

I wonder if Cogeco would have done the Atlantic Broadband deal knowing that Astral might come back in to play.

They'll probably make a move on it anyway. That, and they're from Quebec, so the whole whining over Quebec losing its voice won't apply and they'll be in a good position to take it whole.


silvercat

join:2007-11-07
reply to Gone
said by Gone:

I'm hoping that the CRTC really starts forcing local news and content requirements on the networks, which in turn will mean that the CKVR transmitter Bell has applied for in Fonthill - to which they openly and completely admit is for no purposes other than simsubs - is either denied, or approved on the condition that it is a full transmitter that provides local coverage to the half a million people who live in the Niagara Region. CTV Two Niagara - I like the sound of that.

CTV Two (CKVP) is already broadcasting out of Fonthill. Not sure if they are broadcasting local content. Probably not ? I agree that they should. Would be cool to have local Niagara news.

MaynardKrebs
Heave Steve, for the good of the country
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said by silvercat:

Would be cool to have local Niagara news.

What, like:

Tonight's top story - Vern's truck didn't start again. Film at 11.


silvercat

join:2007-11-07
LoL


Gone
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reply to silvercat
said by silvercat:

CTV Two (CKVP) is already broadcasting out of Fonthill. Not sure if they are broadcasting local content. Probably not ? I agree that they should. Would be cool to have local Niagara news.

It has dedicated call letters, that's rather interesting. I didn't even know it was approved, though. I know they ran into all sorts of problems in Hamilton. I'm going to have to run a rescan on my TV to see if anything comes up, but I doubt it will.


Gone
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Fort Erie, ON
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reply to MaynardKrebs
said by MaynardKrebs:

Tonight's top story - Vern's truck didn't start again. Film at 11.

Probably incessant bitching about the NHS and car accident after car accident on the QEW.

In other words, identical to what you'd get out of London, Kitchener, Barrie and Windsor.


silvercat

join:2007-11-07
reply to Gone
said by Gone:

It has dedicated call letters, that's rather interesting. I didn't even know it was approved, though. I know they ran into all sorts of problems in Hamilton. I'm going to have to run a rescan on my TV to see if anything comes up, but I doubt it will.

You're probably close enough that you can get it from Fort Erie. I can get it from Niagara Falls, and the antenna isn't even pointing towards Fonthill (but the range in degrees that the front of the antenna can pick up is pretty wide)


Gone
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Just manually tuned my TV to 42. Nadda. Buffalo comes in great, though.


elwoodblues
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reply to epsilon3
Reading this morning that despite being told that cabinet will not intervene, Lord Cope is going to take a 2nd run at cabinet.

This man will not give up.


sbrook
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reply to epsilon3
One could say that he can't cope with rejection!


dillyhammer
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Badda bing!



Mike


mazhurg
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join:2004-05-02
Brighton, ON
reply to epsilon3
Flaherty said on the House this morning that if asked, it is the Gov duty to address and review the issue, but he made it clear that intervention is a rare event and not likely.


WaitNsee

@videotron.ca
reply to elwoodblues
said by elwoodblues:

Reading this morning that despite being told that cabinet will not intervene, Lord Cope is going to take a 2nd run at cabinet.

He'll get his way, just like he did in previous CRTC rulings for telecom where cabinet made the CRTC do a full review all over again.

It happened then, it will happen again.

»www.cbc.ca/news/business/story/2···rtc.html
In an interview airing Saturday on CBC Radio's The House, Finance Minister Jim Flaherty told host Evan Solomon that cabinet will review BCE’s request, but that to “intervene would be a big step” and something that is “not traditional."

Wait n see.

Bell will find weasel room in all this, resubmitted tweaked filings, and win.

Same old, just like in telecom. This is just history repeating itself.


Gone
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Two cabinet ministers - including one of them that is responsible for the CRTC - have already said on the record that they won't send it back to the CRTC.

The deal is dead. Case closed.


elwoodblues
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The case will be closed when Bhell pays the breakup fee to Astral.

Fibic is already out there saying he's going to appeal under section 7 of he broadcasting act.

7. (1) Subject to subsection (2) and section 8, the Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to
(a) any of the objectives of the broadcasting policy set out in subsection 3(1); or
(b) any of the objectives of the regulatory policy set out in subsection 5(2).

In other words, we don't like the decision,we want you tell the CRTC to reverse itself.
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WaitNsee

@videotron.ca
reply to Gone
It may be case closed, but, the Minister of Heritage doesn't really have a say if it goes to privy counsel. He will act on their orders, or they by-pass him (as was previous cases):

Example:
»Re: Fourth Meeting: Media Coverage

So while this minister speaking out may be taken as an indication of things to come, it's not the end of the story until Bell's petition is rejected as is by the governor in council, or rejected by the privy council. This is what we have to wait and see.

After they exercise their right to this, then we can say it case closed. At least per this avenue to by-pass a CRTC ruling (as has been the cases in the past, and as documented here on more than one occasion over the years).

Then they will/can go the more expensive and long-drawn out route to the courts. Filing the petition to council is faster and cheaper. Meanwhile this buys time to prepare a court case regardless of ruling.

It's a wait and see game. But yeah, the way some ministers spoke out seems to be a good indication that avenue is closed. But, "never say never".

Meanwhile.... wait and see what happens.

For all we know it could go back to the CRTC with Bell now bringing in a partner in order to lower those "percentages of stations owned" going against them.

Game isn't over. Game is not case closed, yet.


UgotIT

@videotron.ca
reply to elwoodblues
said by elwoodblues:

The case will be closed when Bhell pays the breakup fee to Astral.

LOL I wonder if this will be another court case on it's own like what happened when Bell didn't go private and they lost hundreds of millions.

heh running to GiC and the courts sure beats dishing out hundreds of millions to Astral. Those two remaining Astral brothers will be dead before they see that money. Again, this is history repeating itself.


Gone
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reply to WaitNsee
said by WaitNsee :

For all we know it could go back to the CRTC with Bell now bringing in a partner in order to lower those "percentages of stations owned" going against them.

Game isn't over. Game is not case closed, yet.

If Bell brings in a "partner" it will be a drastically different deal from the one now that cannot be compared to what they were originally going for. Furthermore, it wouldn't be a case of bringing it to cabinet. It would be a new deal with a brand new hearing at the CRTC.

Considering all that has happened in the last year, I am confident to say that unless Bell so drastically alters the deal that it is in no way similar to the one originally proposed, it won't happen. Anyone who thinks Bell has a shot at getting cabinet to force this back to the CRTC for review and that the CRTC would come up with anything different than they have now is delusional.


hm

@videotron.ca
reply to elwoodblues
said by elwoodblues:

Fibic is already out there saying he's going to appeal under section 7 of he broadcasting act.

Bell filing under section 7 doesn't give me much of a clue as to what they will be going after, other than the CRTC not adhering to policy. It's huge. Too huge to read and take in in one sitting.

Section 7 is comprised of:
Section 3 (section 1, a to t)
Section 5 (section 2, a to g) plus the Radiocommunication Act, »laws-lois.justice.gc.ca/eng/acts/R-2/
Section 8

Game is on (for Bell)

Will be funny if GiC even accepts the petition after the CRTC and various gov spokespeople said it wasn't possible.


WaitNsee

@videotron.ca
Per Cartt:
»www.cartt.ca/news/14505/Radio-Te···ase.html

...snip...
The telecom will file a request that Cabinet issue a policy direction to the CRTC under Section 7 of the Broadcasting Act, requiring the Commission to “follow its already in-place policies when reviewing change of control transactions in broadcasting.”

"The Broadcasting Act explicitly empowers the Cabinet to issue directions to the CRTC on broad policy matters," said Mirko Bibic, Bell's Chief Legal and Regulatory Officer. "A commission that relies on a 35-year-old working paper to justify rejecting outright the Astral deal, rather than its own policy established in 2008, clearly needs guidance on the broadest of policy matters."

...snip...

"It sets a dangerous precedent if government agencies are left to pick and choose the rules they follow, with many potential consequences not just for the broadcasting industry but for the Canadian financial system and indeed all Canadians," said Bibic. "Under the circumstances, it is incumbent on those we elect to ensure that agencies they oversee exercise the power available to them appropriately."

On Monday, October 22, Bell will submit to the Cabinet a formal request that it expeditiously issue a policy direction to the CRTC under Section 7 of the Broadcasting Act. Bell says that once the CRTC has been directed to follow its Diversity of Voices policy when reviewing change of control transactions, it will re-file its application to acquire Astral.


If I understood this right (my interpretation of it), Bell just more or less said that cabinet will do what we say is right, they will tell the CRTC how to follow policy, and we will refile.

Now we know who calls the shots in the country. Bell.

if GiC even accepts the petition it will make them (the ministers who spoke out and the Harper spokesperson) all look dumb.


WaitNsee

@videotron.ca
The 2008 Diversity of Voices policy that Bell will tell GiC to follow (which in turn, if accepted, the privy council will/could tell GiC to tell the CRTC to follow that policy) can be found here:
»www.crtc.gc.ca/eng/archive/2008/pb2008-4.htm

I only did a search of that document for "market dominance" and only found 3 references. Para. 34, 37 and 55. Not much else in there about market dominance (which, I guess, is to Bell's advantage).

Para 82:
82.
The Commission has examined the thresholds developed by the Competition Bureau for measuring competition in relation to banking services.2 In summary, the Bureau set three thresholds in relation to the bank's core services:

If the post-merger combined market share is less than 35%, the Competition Bureau will consider that the merger will not result in a substantial lessening of competition.

If the post-merger combined market share is between 35% and 45%, the Competition Bureau will consider that the merger may result in a substantial lessening of competition.

If the post-merger combined market share is more than 45%, the Competition Bureau will consider that the merger will result in a substantial lessening of competition.


CRTC argued Bell is at the 35% threshold. Bell argues they are 33.5%.

So there will be a calculation argument sent to GiC for sure. Even then it's not needed, since the policy states so.

Seems this paragraph 82 slaps both the CRTC and competition bureau in the face with what they had to say about all this.

Paragraph 87 also touches on this, but in regards to total viewership.
as a general rule, the Commission will not approve transactions that would result in the control by one person of more than 45% of the total television audience share - including audiences to both discretionary and OTA services; ...continues...

Bell may be below that 45% (no clue, anyone have the percentage on viewership?).

So even at 35% market share, and per that policy, I hate to say it, but Bell is right. Seems it should have been only outright rejected at 45%, not 35%. That policy gives wiggle room even if on the verge of total dominance.

Bell is right in pointing out that document (even if I don't agree with it). If we follow policy, Bell is right.

MaynardKrebs
Heave Steve, for the good of the country
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reply to elwoodblues
said by elwoodblues:

The case will be closed when Bhell pays the breakup fee to Astral.

Fibic is already out there saying he's going to appeal under section 7 of he broadcasting act.

7. (1) Subject to subsection (2) and section 8, the Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to
(a) any of the objectives of the broadcasting policy set out in subsection 3(1); or
(b) any of the objectives of the regulatory policy set out in subsection 5(2).

In other words, we don't like the decision,we want you tell the CRTC to reverse itself.

It all depends if, and what, dirt Bell has about cabinet ministers. If they don't have any then the deal is toast. If there is a hooker or two in the closet (or another babysitter banger) then Bell might get their day in Cabinet.


SadBUTtrue

@videotron.ca
said by MaynardKrebs:

If there is a hooker or two in the closet (or another babysitter banger) then Bell might get their day in Cabinet.

Sad, but true.

»www.youtube.com/watch?v=xCF19cBWb0I


upload

@videotron.ca
Today Bell will submit a file to GiC.

If anyone spots the filing, or the link the gov gives (if GiC accepts it), please upload it or paste it!


mazhurg
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1 edit
reply to epsilon3

Bell's words and demands

Link to copy of complaint:

»www.scribd.com/doc/110812434/Req···ct-Final

I'd put the PDF here, however I will not prostitute myself to Facebook in order to download the PDF from scribd.


Guspaz
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Montreal, QC
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reply to epsilon3

Re: Great news! - CRTC blocks Astral buy by Bell

I think the most appropriate headline one can take from that filing is:

Bell Canada declares Saturday Night Fever "king of the box office"

Although another amusing and completely accurate headline:

Bell Canada declares Happy Days "TV ratings leader"
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