CB-CDA 2025-036

Order of the Board

Proceeding: SOCAN Tariff 2.D – Canadian Broadcasting Television (2015-2025)

June 6, 2025

I. Background

[1] Following Order CB-CDA 2025-031, the Parties jointly informed the Board on May 27, 2025, that they were not able to agree on which model they believe is best-suited for determining fair and equitable royalties in this case. As a result, they state that submissions and a ruling by the Board will be necessary to complete Phase 1.

[2] According to Order CB-CDA 2025-031, Phase 1 includes seeking Parties' submissions on the Board's current, preferred pricing methodology and decide on the preferred approach.

[3] The Parties further state that given the nature of the issues which will be determined in Phase 1 of this proceeding, they believe that submissions on Phase 1 of this proceeding should include not just legal argument, but also expert evidence. Since the Board has frequently received expert economic evidence on the proper choice of royalty models, the Parties believe that such evidence will also be helpful here.

[4] The Parties therefore jointly request a scheduling order which sets the date for submissions on Phase 1 for Friday, July 25, 2025, to allow for preparation of submissions along expert evidence.

II. Considerations

[5] I am willing to entertain extending the deadline for submissions on Phase 1. I however wish to set the parameters of any expert testimony.

[6] To this end, I will ask Parties to meet with Staff with a view to defining these parameters. Staff will report back to me and an order will ensue with such parameters.

III. Order

[7] Parties will attend a technical meeting with Staff.

[8] Parties are asked to provide their availability for the technical meeting, for the following dates, by no later than Wednesday, June 11, 2025:

· Wednesday, June 18, 2025, from 11:00 a.m. to noon

· Thursday, June 19, 2025, from 1:30 p.m. to 2:30 p.m.

[9] The deadline of May 21, 2025, in Order CB-CDA 2025-031 is extended. Parties shall file submissions no later than 60 days from the order defining the parameters of any expert testimony.

René Côté
Case Manager