2012 01 30Abridged2commercially sensitive and confidential information that is subject to reciprocal, binding, non-disclosure obligations. As such, it is information that is consistently treated in confidence by Belland the NHL and NFL, respectively, not to mention the Canadian communications industry moregenerally, and by the Commission in the underlying dispute giving rise to BD 2011-765. As theCommission is aware, these agreements were entered into following competitive licensingprocesses. Disclosure of this information would prejudice the competitive position not only of Bell, but also of the leagues in any future negotiations regarding the licensing of such content inCanada. As such, the disclosure of this information can reasonably be expected to affectcontractual or other negotiations in relation to such content. Accordingly, the Company is filingan abridged version of this Report and the Attachment and providing Telus with the abridgedversions of these documents.
Report on the accessibility and availability of NHL and NFL programming for mobiledistribution(a)NHL Content
The content licensing agreement between Bell and the NHL that was at issue inBD 2011-765 expired on #. It was entered into effective #. As isevident, this agreement was entered into many months prior to the announcement of theCommission's 7 March 2011 temporary moratorium against the entering of new exclusiveprogramming agreements in Broadcasting Decision CRTC 2011-173, issued as part of theCommission's approval of BCE's acquisition of CTV. It was also entered into well before theCommission's temporary moratorium, and later prohibition against exclusive licensingagreements announced in the
Regulatory framework for vertical integration
, BroadcastingRegulatory Policy CRTC 2011-601 (the VI Framework). In keeping with the VI Frameworkprohibition against exclusivity, the Company entered into a new, non-exclusive, mobile contentlicensing agreement with the NHL, dated ,# which covers the period# to #.
Bell does not have the right to sublicense this content to Telus, but because the licencegranted by the NHL under the new agreement is no longer exclusive to Bell, Bell can confirmthat access to this content is available to mobile distributors directly from the NHL. Therefore,no steps are required to be taken by Bell to ensure access by third party mobile serviceproviders to this programming.
The content licensing agreement between Bell and the NFL at issue in BD 2011-765 isdated # and is discussed in a letter from the NFL to Bell, dated19 January 2012, (the NFL Letter) attached to this Report, portions of which are filed inconfidence pursuant to the confidentiality claim above.
As noted in the NFL Letter, the agreement between the NFL and Bell expires on,# meaning that there are # # NFL seasons covered under thatagreement.
The NFL Letter provides useful background confirming key facts adduced by Bell in theproceeding culminating in BD 2011-765, in particular that the NFL conducted a competitivebidding process for its Canadian mobile distribution rights when they were first made availablein Canada. The package of rights to NFL content includes exclusive distribution rights in# Filed in confidence with the CRTC.