Copyright Board Canada

Commission du droit d’auteur Canada

 

[CB-CDA 2023-006]

 

NOTICE OF THE BOARD

 

File: Television Retransmission [Redetermination (2014-2018)]

February 6, 2023

 

I. Summary

[1] As contemplated in Ruling 2022-038, the Board is inviting Parties to comment on the Board’s calculations performed as part of the redetermination of the 2014-2018 Retransmission Tariff. For this purpose, this Notice

- informs the Parties of the Board’s preliminary conclusions on the two issues before it for reconsideration (proxy price and profit margin);

- includes a description of the Board’s calculations (Annex A and Annex B); and

- includes a highly-confidential spreadsheet containing the Board’s calculations (Annex C). Each tab of the spreadsheet contains the results of a step in the Board’s calculations.

[2] Parties are invited to comment on the Board’s calculations of the proxy price, and on the Board’s calculations relating to its preliminary view on the profit margin adjustment for US specialty services.

II. The Board’s Preliminary Conclusions

A. Proxy Price

[3] Based on the calculations described in Annex A: Proxy Price Calculations, the Board is of the preliminary view that the calculated proxy price for the years 2014–2018 is $1.238 per subscriber, per month. The final price that the Board will approve will take into consideration any issues of procedural fairness, as the Board’s initial decision did, Tariff for the Retransmission of Distant Television Signals, 2014-2018, CB-CDA 2019-056 (the “Initial Decision”).

B. Profit Margin Adjustment

[4] The Board is of the preliminary view that it should use a 25% profit adjustment for US specialty services, and a 10% profit adjustment for Canadian Category B services.

[5] In relation to US specialty services, the preliminary view is based, in part, on the calculations described in Annex B: Profit Calculations, which are based on data on the record.

III. Replies to this notice

[6] Any comments in response to this Notice must be filed with the Board no later than Wednesday, March 8, 2023.

[7] If Parties have any technical questions with regard to the calculations themselves, they may contact the Registrar to arrange an informal meeting with Board Staff.

 

Lara Taylor

Secretary General