The CRTC’s hearings into the compliance with Canadian ownership and control requirements for Globalive open next Wednesday at 9:00 am.
In a letter earlier this week, the Commission identified the key issues to be explored during the hearings as:
- Financing arrangements of the Globalive venture
- The level of Orascom’s economic participation in the Globalive venture
- The relative experience of the shareholders
- Shareholder rights
- liquidity rights
- Thresholds for veto rights
- Boards of directors
- Nomination and appointment
- Role of Independent Directors and Independent Canadians
- The management and governance of Globalive
- Advisory services agreements as between Globalive and Orascom
I was asked by a reporter if the incumbents are using the regulatory processes as a means to block or impede competitive entry into the market. I replied that I don’t see the regulatory approvals as being on the critical path to launch. It is a parallel process.
As we described when the CRTC set up this process in July, the focus can be expected to be Section 16(3)(c) of the Telecom Act: “the corporation is not otherwise controlled by persons that are not Canadians.”
It seems reasonable to ensure that all carriers are operating under the same rules. There is a cost associated with restrictions on foreign investment. If there are new ownership structures that conform to government rules and can permit greater access to capital from abroad, then all service providers should be able to lower their cost of money.
When it created a set-aside for new entrants to acquire spectrum, the government did not elect to relax restrictions on foreign ownership – which would have been another lever to incent increased competition.
We’ll learn next week about how far the boundaries can be stretched.