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EXHIBIT
CULLECTNES 1
P
UBLIC
VERSION
 
OPYRIGHT
BOARD
OF
ANADA
F
ile:
Television
Retransmission
2 }14-2018)
STATEMENT
OF
CASE
O
F THE
~
~~~~~YC~]~i:~
~_ll
~7~~~~~_~~~L~~~[K~~
~
iY~~il_a~~
F
i[ed:
stay
8
2015
 
Table of
ontents
PART -OVERVIEW
1
PART
PRINCIPLES
AND
APPROACHES
4
T
HE
BOARD S
RINCIPLES
FOR
ETTIlVG RE IRANSMISSIt)N
TARIFFS
T
HE
OARD S
APPROACH
TO
E'[T[NG
R~TRAN~MISSIC~N
TARIFFS
6O
EiER
RELEVAI~IT
TARIFF SETTING
PRINCIPLES
7
PART
II
-ANALYSIS
AND
~'
DENCE
I
rr[RODu~
foN
T
HE MARKETPLACE
—PETER
GRANT
~FD
FORUM
RESEARCH
8
A
.
Time
hifting
9
B
 
HD
ignals
10
A
Dt~~'T
MEASCIRE
OF
ALUE.—
DR_
GERRI~`
W~►I.L
10
r
~.
Background
 
3.
Summarv~
of
Dr.
~~`all s
C onclusians
11
~
 
t~tl8~~`51S
1?
D
.
A
Realit}~
Check
14
 
PQATING THE
~ARI~ S
1990
PROXY
ANALYSES
A
 
PRt7XY
r ~1PPROACN
PRQFE.SSOR
3EFFREI~ CHLPRCH
15
.
A.
Background
l5
B
.
Summary
of
Professor
Church s
Conclusions
1
bC
.
.4nalysis
1
ti
P
ART
1ti
-COLLECTIVES
UPDATED
TARIFF
PRC)P~S.AL
18
A
 
REVISED
RATE
l
T
HE
PROPOSED
TARIFF
19
P
ART
~
-
V4 ITNESSES
AND
DOCUMENTS
21
V
I ITNiFSSEs
?
1
E
XHBITS22
 
PART
-OVERVIEW
1
.
This Statement
of
Case
is
filed
on
behalf
of
all
nine
Television
Retransmission
C
ollectives in respect
of
he
2014-2018
Tele~isivn
Retransnussion Tariff
2
.
The
royalties
payable
under
the
tariff
are
a
part
of
the
statutory
retransmission re
gime
e
stablished
under
the
CopyrRh~
Act.
That
arrangement
permits braadeast
distribution
u
ndertakings
( BDUs ~
to retransmit
over
-the
-air
broadcast
signals
b~~
capturing,
p
ackaging
and
selling
them
to
their
subscribers
without
fie
consent
of
he
broadcasters
or
t
he owners
of
he broadcast
programs_
As
a
ondition
of
he
compulsory
icence
regime,
w
here the
retransmitted signals
are
distant
signals`,
BDUs
ust pay
air
and
equitabler
oyalties
set
by
he
Copyright
$oard_
3
3
.
A
etransmission
tariff
was
irst
certified
in
1990
fter
an
extensi~~e
hearing.
At
hat
time
t
he
a4~erage
cable
subscriber received
4.56
distant signals.
The
highest
ro
yalty rate
~
he
rate
paid
by~
the
largest
BDUs
was
et
at
74
ents
per subscriber per
month
for
a
sen~iceretransmitting
at least
one
distant
signal, regardless
of
the
number
of
distant
signals
a
ctuall~~
tr
ansmitted.`
4
.
~l~hc
rate
was
cft
unchanged
in
199
after
a
second
contested
ticarin~_
There
has not
bier
a
 
contested
hearing
on
the
rate
since
that
time, Pursuant
to
a
series
of
agreements
b
etween
the
Collectives
and
BDUs
he highest
rate
has
i
sen
gradually
to
the
2013
ate
of
9
8
ents per
subscriber
per
month.
5
.
Thus
the current
proceeding
marks
the
first
time
in
o~~er
20
years
that
the
r~:tr~~ns~tiissiot~
r
ovaltr~
rate will
be
examined
in
depth
in
the context
of
a
contested
hearing.
~~ith
~x~.~ert
~
~ridenee
and
interrogatory
response
data
available to
the
Board.
 
The
Telerision
Retransmission
Collectives
are
isted
in
Schedule
.
 
stant
Signals are defined
in the
DeJi,~itta~i
of
ocal
i~grra
and
~stant
i
i~nal Rc~ulatinns,
SOR~rR9-'?45,
 
~~ri~hl
Act,
R.5,G,19R3,
.
C-42,
s
m.
C'o~tT%~H~~1cf7,
.
31.
~
 
For
the
purposes
of
his
proceeding
and
as
is
the
practice,
reCereoce to
per
subscriber
is
equivalent to
per
remises .
T
here
is
a
low
fl
at rate
far s~ralt
BDUs,
n
d
discounted
rates
far
BDUs
f
fewer
than
6,U(l0
subscribers
an
d
inin
spect
of
ertain
categories
of
ubscriber.

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