Date: May 25, 2016
Communications
We provide regulatory and transactional advice related to broadcasting, copyright and telecommunications.
We regularly appear on behalf of clients in proceedings before the Canadian Radio-television and
Telecommunications Commission ("CRTC") and the Copyright Board. Our communications law specialists
work closely with other members of the Advertising & Marketing, Entertainment, Information Technology, and
Intellectual Property Groups, as well as with our Securities Law, Commercial Litigation and Business Law
Groups, just to name a few.
We represent a wide range of clients, including:
Broadcasters (e.g., radio, television)
Broadcasting distribution undertakings (e.g., cable, satellite)
Content owners and producers
Performers
Telecommunications carriers and resellers
We offer advice to corporations and individuals in relation to the following communications law matters:
Canadian ownership issues - broadcasting and telecommunications
Broadcasting - entering the Canadian market
Broadcasting - obtaining licences from the CRTC
Copyright - filing and prosecuting tariffs before the Copyright Board
Internet domain names - disputes and transfers
New media - content licensing
Telecommunications - competition, licensing, and registration matters
Representative Transactions
Ownership
Many US-based and other non-Canadian clients require advice on Canadian ownership requirements under
the Broadcasting Act and Telecommunications Act. These matters may arise in the context of filing a
prospectus or preparing licence applications.
Broadcasting Act Policy
On an ongoing basis, the group's members represent various clients' policy reviews conducted by the CRTC
related to matters such as access issues, commercial radio, the CRTC's exemption order policies, and its
policies for Canadian television.
Broadcasting Licensing
We represent broadcaster clients in CRTC licence applications: radio; television broadcasting and specialty
television. We provide strategic advice on business planning; assist in the preparation of licence applications
and other submissions to the CRTC; and participate in clients' appearances at CRTC public hearings.
Telecommunications Competition
Since competition has been introduced into the Canadian telecommunications environments for long-distance
and local services, we have been called upon to advise equipment producers, telecommunications carriers,
and resellers with respect to the introduction of competition under the Telecommunications Act.
Telecommunications Policy - Rights of Way
Along with members of the firm's municipal law group, we advise telecommunications companies, land
developers and municipalities with respect to the CRTC's policies and requirements related to support
structures and rights of way.
Copyright Act Tariffs
We have represented the Neighbouring Rights Collective of Canada ("NRCC") with respect to their tariffs, filed
with the Copyright Board of Canada, and intervened on NRCC's behalf during proceedings related to the
Copyright Board's review of tariffs filed by other collective societies.
Internet/New Media
We represented a major New Media industry group, the Interactive Multimedia Arts and Technology
Association ("IMAT") during the CRTC's 1998-1999 New Media proceeding. This proceeding resulted in the
important decision by the CRTC to refrain from regulating broadcasting on the Internet.
Internet Liability
We advised Internet Service Providers ("ISPs") and others on the implications of the Copyright Board's
October 1999 decision regarding the potential liability of ISPs for the communication of works to the public via
the Internet.
Web-Casting
We provide advice to broadcasters and others in relation to the "web-casting" of signals over the Internet. This
requires an understanding of issues related to the Broadcasting Act, the CRTC's New Media exemption order,
the Radiocommunication Act, the Trade-marks Act and the Copyright Act.