RETRANSMISSION OF DISTANT RADIO AND TELEVISION SIGNALS RETRANSMISSION DE SIGNAUX ÉLOIGNÉS DE RADIO ET DE TÉLÉVISION
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1 RETRANSMISSION OF DISTANT RADIO AND TELEVISION SIGNALS RETRANSMISSION DE SIGNAUX ÉLOIGNÉS DE RADIO ET DE TÉLÉVISION LIST OF EXHIBITS FILED LISTE DE LA PREUVE DÉPOSÉE Joint BBC/CBRA/CRRA Compilers-1: Compilers-2: Statement of Case on behalf of BBC, CBRA, CRRA Compilation as Catalyst: An Assessment of the Value of Television Broadcasters Compilation Copyright - May 1998 (revised version filed June 3, 1998) Compilers-3: Report on Compilation Valuation for Distant Television Signals - May 1998 Compilers-4: Retransmission Hearing - June 1995 Transcripts of the evidence of: Cynthia Good, Professor Robert Babe, Dennis Lane, Duncan McKie/Don McPherson, Programmer Panel, CBRA Financial Panel, CRRA Financial Panel, BBC Financial Panel [filed October 5, 1998] Compilers-5: Compilers-6: Compilers-7: All CBRA Exhibits filed during the Retransmission Hearing of June 1995 [filed October 5, 1998] Responses to interrogatories filed during the Retransmission Hearing of June 1995 [filed October 5, 1998] C.V. of Susan Tyler Eastman [filed October 21, 1998] Compilers-8: Response of BBC/CBRA/CRRA to CCC s Interrogatory 1 [filed October 21, 1998] Compilers-9: Set of three letters addressed to the CRTC from: Rogers Cablesystems Ltd. (dated May 9, 1997), Mountain Cablevision Ltd. (dated July 21, 1997) and Cogeco Cable Canada Inc. (dated June 12, 1997) [filed October 22, 1998]
2 - 2 - Compilers-10: Response of the CCC to CBRA s Interrogatory 5 [filed October 23, 1998] (Complete response filed by CCC on November 3, 1998) Compilers-11: Document re: Picket Fences and Chicago Hope (20th Television) [filed October 23, 1998] Border Broadcasters, Inc. (BBC) BBC-1: BBC-2: BBC-3: BBC-4: BBC-5: BBC-6: BBC-7: BBC-8: BBC-9: BBC-10: BBC S Statement of Case in response to Cases of FWS, CCC and SOCAN BBC s Supplementary Statement of Case [filed September 22, 1998] (amended version filed September 28, 1998) FWS Survey Response Sheets (3 binders) [filed September 24, 1998] SOCAN s Response to BBC Interrogatory [filed October 5, 1998] Report of Professor H.N. Janisch on the Importance of U.S. Distant Signals to the Canadian Cable Industry and the Rates and Distribution of Specialty and Pay Television Services (November 6, 1989) [filed October 6, 1998] Letter dated May 28, 1997 from Gregory A. Piasetzki to Dr. Ruth Corbin [filed October 9, 1998] Set of four sample interviews of the FWS Cable System Operator Survey [filed October 9, 1998] Pages from the Look TV Website [filed October 13, 1998] Responses to CCC Interrogatories from ExpressVu and Star Choice [filed October 13, 1998] Letter dated November 24, 1998 from Randall J. Hofley outlining the distribution of distant signal retransmission royalties between BBC members [filed November 25, 1998] Canadian Broadcasters Rights Agency (CBRA) CBRA-1: CBRA s Statement of Case in response to Cases of FWS and SOCAN
3 - 3 - CBRA-2: CBRA-3: CBRA-4: CBRA s Supplementary Statement of Case [filed September 22, 1998] An Analysis of the FWS Proposed Allocation Among Sports Genres [filed October 8, 1998] An Analysis of the FWS Proposed Allocation Among Non-Sports Genres [filed October 8, 1998] Canadian Retransmission Right Association (CRRA) CRRA-1: CRRA-2: CRRA s Statement of Case in response to FWS Case U.S. Legislation: Chapter 32 - Telecasting of Professional Sports Contests (re: exemption from antitrust laws of agreements covering the telecasting of sports) [filed November 4, 1998] Canadian Retransmission Collective (CRC) CRC-1: CRC-2: CRC s Statement of Case CRC s Supplementary Case [filed September 22, 1998] CRC-3: Evidence of Dr. Catherine A. Murray (with Appendices A to C) [filed September 22, 1998] Copyright Collective of Canada (CCC) CCC-1: CCC-2: CCC-3: CCC-4: CCC-5: CCC s Statement of Case Table setting out certain data respecting the carriage of distant signals Excerpts from filings of Star Choice with the CRTC Definition of Small Retransmission Systems Regulations, SOR/ Amendment to the Definition of Small Retransmission Systems Regulations, SOR/94-754
4 - 4 - CCC-6: CCC-7: CCC-8: CCC-9: CCC-10: CCC-11: CCC-12: CCC-13: CCC-14: CCC-15: CCC-16: CCC-17: CCC-18: CCC-19: Allocation of royalties agreed upon by all collectives (other than FWS, SOCAN and SACD) Allocation to the Viewing Collectives based on the Viewing Study and the Allocation of MLB Sample documentation demonstrating certain of the steps involved in producing the Viewing Study Tables showing data from the Viewing Study CCC s Statement of Case in response to Cases of FWS, the Joint Compilers and SOCAN Transcript of evidence given by John Gordon of Statistics Canada, Retransmission File Report on Margin of Error for the CCC Report Based on 1993/1994 BBM Data, prepared by Environics Research Group, July 6, 1998 Outline of the evidence of the Television Distribution Panel Comparison of the carriage in Canada of superstations and all distant signals Outline of the evidence of the Cable Operators Panel CRTC s Broadcasting Distribution Regulations CRTC Decision re: Action Canada Sports Network CRTC Decision re: YTV Canada, Inc. Responses to Interrogatories [filed September 22, 1998]
5 - 5 - CCC-20: CCC-21: CCC-22: Comment on the Margin of Error in Ruth M. Corbin s Survey of Distant Signals Programming Value Report submitted by Environics Research Group, September 29, 1998 [filed September 30, 1998] Table comparing supply of NFL and NHL games on distant signals for the 1993/1994 season and the 1996/1997 season [filed September 30, 1998] Correspondance exchanged between CCTA, the Copyright Board and FWS re: FWS Survey of Cable System Operators [filed October 8, 1998] CCC-23: Article from The Toronto Star, Sports Section, June 20, 1998 [filed October 13, 1998] CCC-24: Letter dated October 6, 1997 from Gregory A. Piasetzki to Professor Frank Mathewson [filed October 14, 1998] CCC-25: Excerpts of transcripts from Retransmission Hearing, Volume 7 (March 26, 1992) and Volume 8 (March 27, 1992) [filed October 15, 1998] CCC-26: CCC-27: CCC-28: CCC-29: CCC-30: CCC-31: Hypothetical Retransmitter Graphic [filed October 15, 1998] Confidential Percentage of all ExpressVu s Quebec subscribers who have taken French basic service plus Sports Bar but no other English Package [filed October 16, 1998] Curriculum Vitae of David W. Jamieson [filed October 22, 1998] Warner Bros. Television News Release, August 19, 1997 re: Nomination of Steven Pearlman as Senior Vice President, Drama Development and Current Programs [filed October 23, 1998] CCC s Response to ExpressVu s Interrogatory No. 1 re: proposed amendment to definition of TVRO [filed November 25, 1998] Letter dated November 26, 1998 from Michael S. Koch confirming that CCC represents progams owned by FOX [filed November 26, 1998]
6 - 6 - FWS Joint Sports Claimants (FWS) FWS-1: FWS-2: FWS-3: FWS-3.A: FWS-4: FWS-5: FWS-6: FWS-7: FWS-8: FWS-9: FWS-10: FWS-11: FWS Statement of Case Outline of evidence of Mr. Val Pinchbeck, Senior Vice President, Broadcasting and Network Television, National Football League Outline of evidence of Ms. Tola Murphy-Baran, Vice President, Marketing and Sales, NFL Enterprises Résumé of Ms. Tola Murphy-Baran [filed June 10, 1998] Outline of evidence of Mr. Ellis (Skip) Prince, Vice President, Television and Business Affairs, National Hockey League Outline of evidence of Mr. R. Scott Colbran, President and CEO, Look TV Outline of evidence of Mr. David Campbell, Managing Partner, Media Buying Services Ltd. Report entitled Survey of Distant-Signal Programming Value, prepared by Decision Resources Inc. (with Appendices A to D) [revised version filed September 9, 1998] Outline of evidence of Mr. Brian Schecter, Media Analyst (with Appendix A and Schedules 1 to 3) Outline of evidence of Professor Frank Mathewson, Economist, University of Toronto (with Appendices 1 to 3) (revised Appendix 2 filed October 5, 1998) Outline of evidence of Mr. Lofthi Chahdi, Manager of the Radio & TV Project, Cultural Statistics Program, Statistics Canada (with Schedules 1 to 3) (revised Schedules 2 and 3 filed September 8 and October 5, 1998) Outline of evidence of Ms. Kirsten Embree, Communications Lawyer (with Schedules A to E)
7 - 7 - FWS-12: FWS-13: Outline of evidence of Mr. Jim Strickland, Manager, Information Services, Mediastats (with Schedules 1 to 9) U.S. Copyright Arbitration Royalty Panel Report FWS-14: CRTC Financial Summaries for All Specialty Signals ( ) FWS-15: FWS-16: FWS-17: FWS-18: FWS-19: FWS-20: FWS-21: FWS-22: FWS-23: FWS-24: BBM Bureau of Measurement Quintile 1 and 5 Comparison Chart Set of 3 charts used during Mr. Val Pinchbeck s testimony [filed October 6, 1998] DirecTV Programming Total Choice Packaging [filed October 6, 1998] Comparison between NFL Sunday Ticket and DirecTV [filed October 6, 1998] Set of 2 charts: (1) Relative Value of Distant Signal Programmes Weighted Data (2) Most serious unscheduled disruption [filed October 8, 1998] Supplementary Report by Ruth M. Corbin with respect to a commentary on the Cable Operator Survey submitted by Enrironics Research [filed October 8, 1998] Set of two charts used in Brian Schecter s testimony (1) Comparison of Viewership and Subscriber Revenue Between TSN and YTV on a Per Subscriber Basis for the Period (2) Comparison Between TSN and the Average of Other Specialty Signals by Subscriber / Advertising Revenue on a Per Subscriber Basis [filed October 13, 1998] Article from USA Today, August 17, 1998 entitled CBS s eye back on the NFL [filed October 22, 1998] Article from Broadcasting & Cable, October 5, 1998 entitled CBS to broadcast NFL in HDTV [filed October 22, 1998] List of Shaw Communications Inc. Major Shareholders, Executives and Number of Systems (Source: Mediastats Cable Guide) [filed October 22, 1998]
8 - 8 - FWS-25: Supplementary Evidence of Brian Schecter: U.S. network advertising revenues for different program genres [filed November 20, 1998] Major League Baseball Collective of Canada (MLB) MLB-1: MLB s Statement of Case Society of Composers, Authors and Music Publishers of Canada (SOCAN) SOCAN-1: SOCAN-2: SOCAN s Statement of Case (Television) Report of Professor S.J. Liebowitz entitled Calculating SOCAN s Share of the Retransmission Royalty SOCAN-3: Agreement between SOCAN and CTV Television Network Ltd. dated November 1, 1995 Canadian Cable Television Association (CCTA) CCTA-1: CCTA-2: CCTA s Statement of Case Responses to Interrogatories: Interrogatory 36 (CBRA) Interrogatory 40 (BBC, CBRA, CRC, CRRA) Interrogatory 41 (BBC, CBRA, CRC, CRRA) Interrogatory 42 (BBC, CBRA, CRRA, CRC) Interrogatory 43 (BBC) Interrogatory 44 (CBRA) Interrogatory 68 (CRRA) Interrogatory 69 (CBRA, CRC, CRRA) CCTA-3: Effects of Scheduling Strategies on Television Audiences, a report by Duncan A. McKie of Insight Canada Research (with Appendix A) CCTA-4: CBRA Statement of Program Expenditures Associated With Compilation Effort for the Year Ended August 31, 1993 (as revised by CCTA)
9 - 9 - CCTA-5: Report of Dennis Lane CCTA-6: Testimony of Robert Babe, Retransmission Hearing of June 1995 Transcripts, Volume 1, pages 92, 97-99, and CCTA-7: Testimony of Ron Hudson, Retransmission Hearing of June 1995 Transcripts, Volume 2, pages and 467 CCTA-8: Testimony of Dennis Lane, Retransmission Hearing of June 1995 Transcripts, Volume 3, pages CCTA-9: Testimony of Mark Lewis, Retransmission Hearing of June 1995 Transcripts, Volume 1, pages and Volume 2, page 306 CCTA-10: Testimonies of Duncan McKie and Don McPherson, Retransmission Hearing of June 1995, Transcripts, Volume 3, pages CCTA-11: Testimony of Alan Sternfeld, Retransmission Hearing of June 1995, Transcripts, Volume 1, pages 165 and 247 and Volume 2, pages 276, 287, , 301 and 305 CCTA-12: Testimony of Tony Twibell, Retransmission Hearing of June 1995, Transcripts, Volume 2, pages and 328 CCTA-13: CCTA s Supplementary Statement of Case [filed September 28, 1998] ExpressVu Inc. (Television) EXPRESSVU-1: ExpressVu s Statement of Case (Television) (amended version filed July 31, 1998) (second amended version filed August 24, 1998) EXPRESSVU-2: Subscribers to each Rogers Cable System EXPRESSVU-3: Subscribers to each Shaw Cable System
10 EXPRESSVU-4: Subscribers to each Videotron Cable System EXPRESSVU-5: Subscribers to each Cogeco Cable System EXPRESSVU-6: Free-to-Air signals in ExpressVu s Basic Package L ENTRÉE EXPRESSVU-7: Francophone viewing of Free-to-Air Signals EXPRESSVU-8: L ENTRÉE Subscribers with Postal Codes within the Area of Transmission of the 4 Free-to-Air Francophone Signals included in L ENTRÉE EXPRESSVU-9: Coverage of Free-to-Air Francophone Signals in Quebec EXPRESSVU-10: SRC Program Schedule EXPRESSVU-11: TQS Program Schedule EXPRESSVU-12: TVA Program Schedule EXPRESSVU-13: Télé-Québec Program Schedule EXPRESSVU-14: Directions to the CRTC (Direct-to-Home [DTH] Satellite Distribution Undertakings) Order EXPRESSVU-15: Decisions CRTC and EXPRESSVU-16: Decision CRTC EXPRESSVU-17: Memorandum of Agreement between ExpressVu Inc. and the Canadian Association of Broadcasters EXPRESSVU-18: CRTC Letter Decision of March 3, 1998
11 EXPRESSVU-19: ExpressVu s Supplementary Statement of Case [filed September 28, 1998] EXPRESSVU-20: CRRA s Response to ExpressVu s Interrogatory 1 [filed September 28, 1998] EXPRESSVU-21: L ENTRÉE Subscribers with postal codes within the area of transmission of one or more Télé-Québec stations EXPRESSVU-22: Confidential Penetration of French Basic (L ENTRÉE) Combinations with Free-to- Air Signals - Québec Only [filed October 15, 1998] EXPRESSVU-23: Program Menu [filed October 15, 1998] EXPRESSVU-24: ExpressVu s Licence amendment application to the CRTC (April 1997) and relevant appendix and annex re: impact of simultaneous and non-simulteneous deletion obligations [filed October 22, 1998] ExpressVu Inc. (Radio) EXPRESSVU-1: ExpressVu s Statement of Case (Radio) EXPRESSVU-2: CRTC Letter Decision of March 3, 1998 Star Choice Television Network Inc. STARCHOICE-1: Star Choice s Statement of Case STARCHOICE-2: Information on channel-packaging options offered by Star Choice Joint SOCAN/CBRA/CRRA (Radio) RADIO-1: Statement of Case on behalf of SOCAN, CBRA and CRRA
12 RADIO-1.A: Agreement made between SOCAN/CBRA/CRRA and the Canadian Cable Television Association (CCTA) and Star Choice Television Network Inc. (Star Choice) on January 1, 1998 (original signed copy filed on August 12, 1998)
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