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ARCHIVED -  Public Notice CRTC 1996-52

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    Public Notice

    Ottawa, 4 April 1996

    Public Notice CRTC 1996-52

    CALL FOR COMMENTS - PROPOSED AMENDMENT TO THE EXEMPTION ORDER RESPECTING CLOSED CIRCUIT VIDEO PROGRAMMING UNDERTAKINGS

    Interest has been expressed in providing video games services to temporary residents of hotels. In particular, Hospitality Network Canada Inc. advised the Commission that it has developed, in cooperation with SaskTel's Research and Development department and Nintendo of Canada, Ltd., a video games service for hotel guests. This service, which includes patented technology, combines the use of broadband cables with regular telephone lines, to enable hotel guests to play video games in their rooms.

    The Commission considers that any undertaking involved in such activities falls within the definition of a broadcasting undertaking set out in the Broadcasting Act (the Act), and hence fall within the Commission's jurisdiction.

    Subsection 9(4) of the Act states that:

    The Commission shall, by order, on such terms as it deems appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all requirements of this Part or of a regulation made under this Part

 where the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the [broadcasting policy for Canada].

    In Public Notice CRTC 1995-5 dated 13 January 1995, the Commission published an Exemption Order Respect- ing Video Games Programming Service Undertakings. This order exempted from the requirements of Part II of the Act and any regulations made thereunder, those persons carrying on broadcasting undertakings which provide the subscribers of cable distribution undertakings with programming distributed through the facilities of those distribution undertakings, to enable the subscribers to select and play video games using facilities located at their premises.

    In addition, in Public Notice CRTC 1993-50 dated 30 April 1993 (corrected by Public Notice CRTC 1993-50-1 dated 14 January 1994 and amended in Public Notice CRTC 1995-166 dated 5 October 1995), the Commission published an Exemption Order Respecting Closed Circuit Video Programming Undertakings. This order was based on the Commission's policy set out in Public Notice CRTC 1993-43 dated 30 April 1993; the order exempted from the requirements of Part II of the Act and any regulations made thereunder, those persons carrying on broadcasting undertakings which provide a programming service to temporary residents of hotels, motels and hospitals or to the inmates of prisons. The programming may consist only of feature motion pictures intended for theatrical release, or information about the city or about the premises served by the undertaking.

In view of the two above-mentioned exemption orders, the Commission considers that to require the operators of closed circuit video programming undertakings who wish to provide video games programming services, to comply with Part II of the Act or with any regulations made thereunder would not contribute in a material manner to the implementation of the broadcasting policy for Canada.

    Accordingly, the Commission hereby proposes to amend the Exemption Order Respecting Closed Circuit Video Programming Undertakings by revising the Purpose Section as follows (revised text in Italics):

    The p urpose of these television programming undertakings is to provide a programming service, whether for a separate fee or not, to temporary residents of hotels, motels and hospitals or to the inmates of prisons only, and not to residents of permanent dwelling places. The programming consists only of feature motion pictures intended for thea- trical release, video games programming services, or information about the city or about the premises served by the undertaking, and does not contain any commercial messages.

    All interested parties wishing to comment on the proposed amendment must send their submissions to the Secretary General, CRTC, Ottawa, K1A 0N2, by 7 May 1996. While receipt of submissions will not be acknowledged, they will be considered by the Commission and will form part of the public record of the proceeding.

    Allan J. Darling
    Secretary General

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