|
Public Notice
|
|
Ottawa, 28 May 1984
|
|
Public Notice CRTC 1984-124
|
|
Cable Carriage of Audio Services
|
|
Section 15 of the Cable Television Regulations requires cable television licensees serving 3,000 or more subscribers to distribute on the FM channels of their undertakings, the signals of CBC AM stations, all local FM stations and, in certain cases, specific regional FM stations and sets out an order of priority for carriage of these services. Licensees are also permitted, under the existing regulations, to distribute a variety of optional FM and other audio services subject to specific authorization, which is governed by the criteria set out in the Commission's 1975 cable television policy statement and its 1979 Public Notice "A Review of Certain Cable Television Programming Issues." As a general rule, however, the carriage of the signals of commercial AM radio stations has not been authorized.
|
|
During the public hearing on the Review of Radio in March 1982, the Commission received a number of submissions asking for changes in the Commission's policies with respect to the cable carriage of audio services to allow, inter alia, the distribution of a variety of Canadian audio signals, particularly the priority carriage of local AM stations.
|
|
The Commission notes that since 1975 FM radio has developed to the extent that its listenership has equalled or surpassed that of AM radio in many regions of the country. Accordingly, the Commission considers that it is appropriate at this time to modify the special measures initiated in 1975 to protect and stimulate the development of FM radio.
|
|
The Commission wishes all local Canadian radio stations to be given the maximum opportunity to improve the technical quality of their signals. At the same time, it considers that Canadians should be provided with an extended range of signals using the stereo capability of the audio channels of cable television systems. The Commission, therefore, proposes to amend the cable carriage priorities to add a further priority for local AM stations which broadcast in stereo.
|
|
The Commission has examined the technical capacity of cable television undertakings in terms of the potential availability of audio channels and is satisfied that, except in a few of the larger urban centres, cable television undertakings have ample capacity to add a wide variety of additional new audio services.
|
|
Accordingly, cable television licensees will be allowed the maximum flexibility to distribute, without prior application to the Commission, a variety of optional audio services provided the priority services are carried, and subject to minimum regulatory constraints which are set out below and are described in more detail in the draft of the proposed amendments to the Cable Television Regulations attached as an appendix to this notice.
|
|
The Commission expects to issue shortly for public comment a comprehensive proposal for new Cable Television Regulations incorporating the provisions attached hereto. However, pursuant to the requirements of the Statutory Instruments Act, the proposed regulations will first be sent for examination to the Privy Council Office and the Department of Justice.
|
|
The Commission proposes to establish three categories of services for carriage on the cable audio service:
|
|
1) a mandatory category, requiring the carriage of the signals of all local AM and FM radio stations broadcast as stereo signals and all local CBC and educational AM and FM stations;
|
|
2) a mandatory-upon-request category, requiring a cable licensee to carry the audio portion of specified television services provided in stereo, including pay television, upon request of the licensee originating such services; and
|
|
3) an optional category, which would permit a cable licensee to distribute a variety of Canadian and non-Canadian audio services, as channel capacity permits.
|
The Commission reminds licensees that, following consideration of the numerous comments supporting such a proposal, it authorized the carriage of the stereo audio feed of Canadian pay television services for an experimental period of one year on the grounds that this would enhance the attractiveness of these new Canadian discretionary services (Public Notice CRTC 1984-2). The proposed regulation will include these services in the "mandatory-upon-request" category.
|
|
Where there is insufficient channel capacity, Canadian optional signals will have priority over non-Canadian signals, in that no Canadian optional signal would be deleted from the audio service or placed on impaired channels to allow for the carriage of additional services if a non-Canadian signal can be deleted or placed on an impaired channel.
|
|
The Commission reiterates its current policy prohibiting the carriage of any non-Canadian radio service soliciting advertising in Canada. In addition, non-Canadian religious stations may not be distributed; existing authorities for the carriage of U.S. religious stations will not be renewed.
|
|
The attached draft of the proposed amendments to the Cable Television Regulations essentially sets out the conditions pertaining to the carriage of audio services and the criteria for the mandatory, priority and optional carriage of these services, and introduces new definitions for a "local AM station" and a "local FM station".
|
|
Fernand Bélisle Secretary General
|
|
DRAFT OF PROPOSED REVISIONS TO THE CABLE TELEVISION REGULATIONS
|
|
Appendix
|
|
Audio Services
|
|
16.(1) Subject to subsection (9) and any condition of licence, a licensee shall distribute on the audio channels of its undertaking, in the following order of priority, the signals of all
|
|
(a) local AM stations and local FM stations owned and operated by the Corporation;
|
|
(b) local AM stations and local FM stations owned and operated by an educational authority;
|
|
(c) local AM stations and local FM stations broadcast as stereo signals.
|
|
(2) In the absence of any station described in paragraphs 1(a) or 1(b), the licensee shall distribute on the audio channels of its undertaking the signal of an equivalent regional radio station.
|
|
(3) A licensee shall distribute on the audio channels of its undertaking, at the request of the broadcaster or network operator licensed to provide the programming service distributed by the licensee, the portion of
|
|
(a) the signal of a television station described in paragraphs 6(1)(a), (b) or (c) which broadcasts its signal as a stereo signal;
|
|
(b) a licensed pay television service which is transmitted to the licensee by means of a stereo signal; and
|
|
(c) a licensed music specialty service transmitted to the licensee by means of a stereo signal.
|
|
(4) Where the requirements set out in subsections (1), (2) and (3) have been satisfied, a licensee may distribute on the audio channels of its undertaking
|
|
(a) the signals of other licensed radio stations received directly at a local headend of that undertaking;
|
|
(b) the audio portion of other licensed programming services;
|
|
(c) the audio portion of its community channel or any special programming channel;
|
|
(d) closed circuit audio services;
|
|
(e) licensed student carrier current radio stations where no commercial message is carried thereon;
|
|
(f) the signal of a licensed AM station or licensed FM station which is distributed to the headend of the undertaking by means of satellite transmission and does not duplicate the for mat of any local AM station or local FM station.
|
|
(5) Subject to any condition of licence, where its distribution would not result in the termination of any service described in subsection (4) or cause the distribution of any such service to be moved from an unrestricted channel to a restricted channel, the licensee may distribute on the audio channels of its undertaking
|
|
(a) the signal of any foreign FM station distributed on the undertaking as of the date of coming into force of these Regulations;
|
|
(b) the signal of any foreign FM station not described in paragraph (a) whose broadcast signal is receivable at a local headend of the undertaking;
|
|
(c) the audio portion of a foreign programming service equivalent to a music specialty service;
|
|
(d) an international radio service operated or funded by a government or its agent.
|
|
(6) A licensee shall not distribute on an audio channel of its undertaking the signal of any radio station or audio portion of any programming service not described in subsections (1) to (5) without having obtained authorization therefor from the Commission.
|
|
(7) Subject to subsection (8), the distribution of any service described in subsection (4) may not be terminated or moved by a licensee from an unrestricted channel to a restricted channel prior to the termination, or distribution on a restricted channel, of any service described in subsection (5).
|
|
(8) The distribution on an audio channel of an undertaking of the audio portion of a programming service shall be terminated or moved by a licensee from an unrestricted channel to a restricted channel prior to the termination, or change of distribution from an unrestricted channel to a restricted channel, of the signal of a radio station.
|
|
(9) A signal described in subsections (1), (2) or (3) shall not be carried on a restricted channel with out authorization by the Commission.
|
|
(10) This section applies to all class A cable licensees and class C cable licensees and to any class B cable licensee that elects to distribute a service described herein.
|
|
INTERPRETATION
|
|
"audio channel", in relation to a cable undertaking, means a channel on which a frequency-modulated transmission capable of being received by subscribers by means of a conventional FM radio receiver is distributed;
|
|
"local AM station" means, in relation to a cable undertaking, any licensed AM broadcasting station whose principal studio is located within 20 miles of, and whose night-time interference-free contour encloses, any part of the licensed area of that undertaking;
|
|
"local FM station" means, in relation to a cable undertaking, any licensed FM broadcasting station whose 3,000 microvolt per metre official contour encloses any part of the licensed area of that undertaking;
|
|
"programming service" means a television service by which programming is provided by a cable licensee or STV licensee to a subscriber;
|
|
"Regional AM station" means, in relation to a cable undertaking, any licensed AM broadcasting station, other than a local AM station, whose night-time interference-free official contour encloses any part of the licensed area of that undertaking;
|
|
"regional FM station" means, in relation to a cable undertaking, any licensed FM broadcasting station, other than a local FM station, whose 500 microvolt per metre official contour encloses any part of the licensed area of that undertaking;
|
|
"restricted channel" means, in relation to a cable undertaking, any channel thereof that is the same as a channel on which signals are transmitted by
|
|
(a) a local television station, or a local FM station or
|
|
(b) any television station or FM radio station whose transmitter site is located outside of Canada within 20 miles of any part of the licensed area of that undertaking.
|
|
|