Court File No. 19-A-58

FEDERAL COURT OF APPEAL

B E T W E E N:

BRAGG COMMUNICATIONS INCORPORATED (c.o.b. EASTLINK), COGECO COMMUNICATIONS INC., ROGERS COMMUNICATIONS CANADA INC., SHAW CABLESYSTEMS G.P. and VIDEOTRON LIMITED

Moving Parties

and

BRITISH COLUMBIA BROADBAND ASSOCIATION, CANADIAN NETWORK OPERATORS CONSORTIUM INC., DISTRIBUTEL COMMUNICATIONS LIMITED, ICE WIRELESS INC., PUBLIC INTEREST ADVOCACY CENTRE, VAXINATION INFORMATIQUE and TEKSAVVY SOLUTIONS INC.

Respondents

AFFIDAVIT OF DENNIS BÉLAND

I, the undersigned, Dennis Béland, carrying out my professional duties at Quebecor

Media Inc. (“Quebecor Media”), 612, rue Saint-Jacques, Montréal, Québec, H3C 4M8,

SOLEMNLY AFFIRM as follows:

1. I am Vice President, Regulatory Affairs, Telecommunications at Quebecor Media, and I

have held this position since April 2013. In my capacity as Vice President, Regulatory

Affairs, Telecommunications, I am responsible for the regulatory compliance policies and

practices of Videotron Ltd. (“Videotron”) regarding its activities in the

telecommunications industry (i.e., fixed-line telephone network, wireless services and

Internet access).

2. Videotron is a wholly-owned subsidiary of Quebecor Media, which in turn is held by

Quebecor Inc., a public corporation traded on the Toronto Stock Exchange.

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10. In view of this speed matching requirement, to the extent Videotron offers its Giga

Service to its retail customers, it must provide that same service to Resellers.

11. As a direct result of Order 2019-288, Videotron has decided it can no longer offer its

Giga Service to Videotron's retail or wholesale customers.

12. To continue to offer its Giga Service, Videotron must make substantial ongoing

investments to upgrade and expand its network. These expenditures cannot be justified in

view of the risk arising from the wholesale HSA services rates set by Order 2019-288.

As a responsible business, Videotron cannot continue to make investments when

regulatory conditions prevent it from earning a return on these investments.

13. Accordingly, on October 23, 2019, Videotron filed a notice of tariff modification with the

CRTC in order to destandardize its Giga Service. A copy ofVideotron's notice of tariff

modification dated October 23, 2019, is produced herewith as Exhibit C, en liasse.

14. As indicated in its notice of tariff modification of October 23, 2019, Videotron will

grandfather its existing Giga Service retail and wholesale customers. -5-

18. Disclosure of Videotron Confidential Information will provide competitors, including

other Moving Parties and the Respondents to this proceeding, with information about

Videotron' s network, business and strategy that may be used by those competitors to their

commercial advantage and to Videotron's detriment, thereby granting them an unfair

advantage over Videotron.

19. As a result, Videotron requests that the Videotron Confidential Information be protected

pursuant to an order of confidentiality.

20. All the facts contained in this affidavit are true.

SWORN BEFORE ME at the Montreal, in the Province of 31st d· v of October, 2019.

DENNIS BELAND