Broadcasting Distribution Regulations

12 (1) For the purposes of sections 12 and 15, wholesale rate means the fee payable on a monthly basis by a licensee to a programming undertaking to receive a programming service.

(2) If there is a dispute between the licensee of a distribution undertaking and the licensee of a programming undertaking or the operator of an exempt programming undertaking concerning the carriage or terms of carriage of programming, including the wholesale rate, originated by the programming undertaking, one or both of the parties to the dispute may refer the matter to the Commission for dispute resolution.

(3) The Commission may require the parties to engage in mediation before the Commission accepts a referral of the matter for dispute resolution.

(4) If the Commission accepts a referral of a matter for dispute resolution, the Commission may appoint a person to assist in the resolution of the dispute, by way of mediation or otherwise, or may proceed to render a decision in accordance with section 15.

(5) Any information relating to the resolution of a dispute filed with the Commission must be kept confidential, unless the Commission determines that it would be in the public interest to do otherwise.

(6) When the Commission accepts a referral of a matter for dispute resolution, information provided by a party for the purposes of the dispute resolution may not be used by the other party to the dispute for any other purpose except with the prior consent of the party providing the information.

(7) During dispute resolution, the person appointed under subsection (4) may request additional information from the parties or require their attendance at a meeting to discuss the matters in dispute.

(8) A person appointed under subsection (4) may refer a matter to the Commission if a party does not comply with a request under subsection (7), and the Commission may require the additional information or attendance at a meeting in order to discuss the matters in dispute.