ARCHIVED - Decision CRTC 2000-200

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Decision CRTC 2000-200

Ottawa, 9 June 2000

Westman Media Cooperative Ltd.
Brandon, Manitoba – 199917142
Application processed by
Public Notice CRTC 2000-3
dated 7 January 2000

Addition of CITY-TV (IND) Toronto on a discretionary tier of the cable undertaking serving Brandon

1.

The Commission approves the application by Westman Media Cooperative Ltd. for authority to distribute CITY-TV (IND) Toronto as part of a discretionary tier of the undertaking serving Brandon.

2.

The Commission is satisfied that the distribution of CITY-TV is in line with the guidelines on the cable distribution of distant Canadian television signals as set out in Public Notice CRTC 1993-74.

3.

The licensee may receive any authorized signals over the air, or from any licensed or exempted Canadian broadcasting distribution undertaking authorized to provide signals to other broadcasting distribution undertakings. The Commission notes that the licensee will receive the above-noted signal via satellite.

4.

In its policy statement on violence in television programming, the Commission encouraged programming undertakings whose signals are distributed over various time zones to be sensitive to viewers in western time zones when scheduling programs (Public Notice CRTC 1996-36 dated 14 March 1996).

5.

There is a one-hour time difference between Brandon and Toronto. This means that programs with scenes of violence intended for adults that are broadcast on CITY-TV after the "watershed" hour of 9:00 p.m., as required by the Canadian Association of Broadcasters’ Voluntary Code Regarding Violence in Television Programming, could be distributed on the Brandon undertaking before 9:00 p.m. Accordingly, the Commission expects CITY-TV to be sensitive to the time zone differences in scheduling programs containing scenes of violence intended for adults.

Intervention

6.

Craig Broadcast Systems Inc., licensee of CKX-TV (CBC) Brandon and CHMI-TV (IND) Portage la Prairie/Winnipeg, submitted an opposing intervention claiming that the addition of CITY-TV on the cable system serving Brandon would "cause severe damage and dislocation to CKX-TV." The intervener also stated that it plans to file an application with the Commission for a transmitter to rebroadcast CHMI-TV to Brandon. It maintained that approval of Westman's proposal would prejudice the intervener's proposed application.

7.

Westman responded that Craig did not provide any facts to substantiate its claim that the addition of CITY-TV would harm CKX-TV. As an example of its own support for local Canadian broadcasters, Westman pointed out that, when it had interconnected its cable systems at three of the larger communities it serves, it extended program substitution of CKX-TV to these localities to help the station attract more advertising revenues. Westman further argued that it should be able to provide its customers with the same choice as its competitors who offer CITY-TV. The applicant also stated that, in a letter attached to this application, CITY-TV made a commitment not to solicit advertising in Brandon. The Commission is satisfied with Westman's response.

8.

CITY-TV is currently distributed in western Canada as part of the direct-to-home (DTH) satellite distribution undertakings operated by Star Choice Television Network Incorporated and ExpressVu Inc. The Commission has authorized carriage of CITY-TV on a number of Class 1 cable systems in Alberta and in British Columbia. Given that CITY-TV is widely available in western Canada and that the addition of this service will increase the diversity of programming services available in Brandon, the Commission considers that approval of this application is in the public interest.

9.

The Commission has not yet received an application from Craig for a rebroadcasting transmitter of CHMI-TV at Brandon. Should Craig file such an application and should it be approved, Westman would be required, in accordance with section 17 of the Broadcasting Distribution Regulations, to carry CHMI-TV as part of the basic band (channels 2 to 13) of the basic service of the cable system serving Brandon.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site:
www.crtc.gc.ca 
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