UPDATE: CRTC creates flexible ownership review regime; Globalive subjected to most stringent test

Globalive Wireless Management Corp. could still launch wireless service in late 2009 as scheduled. According to a correction issued today, the CRTC intends to issue a decision on the company’s ownership and control review within 30 days of the close of the oral hearing. Globalive will still undergo a rigorous and public review culminating in an oral hearing on Sept. 23 and 24. The company will be subjected to the CRTC’s type 4 ownership and review process, the most public and open in its newly created arsenal. The review will allow third parties to submit comments and will consist of an oral hearing with Globalive and potentially other third parties appearing. The record of the proceeding and the decision will be made public. “Specifically, the commission considers that given the complexity of Globalive's corporate structure and financing arrangements, the determination with respect to its compliance with section 16 of the Act would contain valuable precedents concerning the commission's understanding of eligibility under that section,” reads the decision. “Moreover, the commission considers the evidentiary record would be improved by third-party submissions and that the appearance of third parties will assist the commission in its completion and examination of the evidentiary record.” The public review of Globalive’s ownership is only one process under a new ownership and control review regime the CRTC instituted today. In creating the new rules, the commission cited the need to establish an appropriate balance between efficient decision making and coherent regulation. There are four categories of reviews: confidential, bilateral review; written, bilateral review, resulting in the release of a public record and decision; written, public, multi-party proceeding; and oral, public, multi-party proceeding. The commission has established a set of guidelines to determine whether an ownership and review will be public. If a review “involves complex or novel ownership or governance structures, particularly those involving complete or novel financing arrangements,” it will be held in public. “While the commission is under no legal obligation to conduct such reviews, it considers that doing so may in some instances provide substantive precedents and a level of much needed certainty to all industry players,” it notes in the decision. “For example, a public decision would afford industry players and the general public with a better understanding of the commission's interpretation of the ownership and control regime.” But a public, multi-party review may not be required in all cases. “Ownership and control reviews will need to vary in order to address the relative complexity or novelty of the ownership or governance structure of the carrier under review,” the commission says. Third-party comments to the Globalive ownership review are due Aug. 21, but if any party wants to appear at the oral hearing, they have to notify with reasons why by August 10. Tech Media Reports will have more on this later this week.

UPDATE: CRTC creates flexible ownership review regime; Globalive subjected to most stringent test

News | 07/20/2009 6:25 pm EDT

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