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Public Notice
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Ottawa, 26 July 1984
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Public Notice CRTC 1984-195
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Direct-To-Home Satellite Services
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Introduction
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The purpose of this Public Notice is to provide an overview concerning the use of Canadian satellite facilities for the distribution of broadcasting services and to outline the Commission's position on the regulatory action required to permit the direct-to-home delivery of satellite broadcasting services.
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Background
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The extension of broadcasting services to all communities across Canada has been of continuing concern to the Commission over the years. In January 1980, the Commission formed the Committee on the Extension of Service to Northern and Remote Communities to report on the most suitable means of extending an attractive basic package of services to remote and underserved communities, taking into account the advent of domestic satellite communications facilities. Based on the recommendations of this committee, the Commission subsequently issued a network licence to Canadian Satellite Communications Inc. (CANCOM) to extend a variety of Canadian (Decision CRTC 81-252) and U.S. (Decision CRTC 83-126) broadcasting services, for satellite-to-cable and satellite-to-other broadcasting undertakings distribution to the more remote and underserved communities in Canada. The licensing of CANCOM services to some 860 small communities has been an important step in achieving the Commission's extension of service objectives.
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Canadian broadcasters have increasingly used satellites for the distribution of their services. The CBC has been the largest single broadcast user of Telesat Canada's facilities since their inception for the distribution of its network services. In addition to CANCOM, the Atlantic Television Network service (ATV-2) and the pay television network services were authorized in CRTC Decisions 81-253, 82-240 and 82-1023, using satellite facilities. Regional educational, and other television programming services, such as La Sette and the House of Commons, are also distributed by satellite. At this time, there are about 19 television services and 10 radio services being distributed by satellite.
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The Commission has also recently authorized the introduction of a variety of specialty programming services, both Canadian and non-Canadian (Public Notice CRTC 1984-81 and CRTC Decisions 84-338, 84-339, 84-444 and 84-445), and announced its intention to hold a public hearing this fall to consider a number of additional applications for the operation of satellite-to-cable networks for the distribution of certain new, complementary specialty programming services (Public Notice CRTC 1984-139).
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Furthermore, in Public Notices CRTC 1984-13 and CRTC 1984-68, Distant Canadian Signals, the Commission invited comments concerning the potential extension of the service area of Canadian broadcast signals outside of their originally licensed market area. One method of delivery of authorized "Distant Canadian Signals" either to cable operators or over-the-air broadcasters would be via satellite.
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The Department of Communications (DOC) published a report in June 1983 entitled "Direct-to-Home Satellite Broadcasting for Canada" in which it outlined the Government's continuing interest in the use of Canadian satellites as a vehicle for the distribution of broadcasting services to underserved communities, and invited public comment. On 29 June 1984, the Minister of Communications published a DOC Working Paper containing its policy objectives and findings on this matter.
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Direct-to-Home Services
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In reviewing the regulatory framework for the delivery of broadcasting signals via satellite, the Commission has considered the growing interest in extending these services for direct-to-home delivery.
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The satellite delivery systems which Canada has, or may have in the future are:
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1) Existing Canadian satellites (i.e. Anik B, Anik C and Anik D series) operating in the fixed satellite service (FSS) frequency bands at either 6/4 or 14/12 GHz;
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2) The next generation of replacement FSS satellites planned by Telesat (i.e. Anik E and Anik F series);
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3) True DBS (Direct Broadcasting Satellites) high power satellites operating in the designated DBS frequency band of 17/12 GHz.
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Existing FSS satellites have been used by Canadian broadcasters up to the present time primarily to deliver broadcast programming on a network basis to regional distribution centres, and directly to the head-ends of cable and subscription television (STV) systems and to over-the-air broadcasters. More recently, "interim DBS" services (i.e. direct-to-home services) have been considered. In this regard, CANCOM has announced its intention to extend its service on a direct-to-home basis, and there is a plan by Northstar Home Theatre Inc. for extending the existing pay television services to individual homes. This programming could shortly be available to any individual prepared to pay the cost of obtaining the necessary hardware and the cost of subscription fees if applicable.
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The conventional and pay television services now being distributed via satellite, as well as the specialty programming services soon to be included, have been authorized by the issuance of network broadcasting licences and are subject to specific regulations or conditions of licence. The possibility of direct-to-home reception of these services, already on the satellites, is not precluded by the network licences under which they are currently being distributed and, in the Commission's view, no regulatory purpose would be served by imposing any further licensing requirement upon the licensees of such existing satellite-delivered services simply to permit direct-to-home reception within the territory covered by the network licence.
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Proposals to distribute the signal of an existing transmitting undertaking beyond its existing coverage area by direct-to-home satellite delivery would require an amendment to the existing licence. A totally new proposed satellite service, one that is not currently transmitted to the public by conventional television transmitter or other means, would also require the issuance by the Commission of a new licence to carry on a broadcasting transmitting undertaking under which the direct-to-home satellite delivery of that service would be authorized.
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In Telecom Decision CRTC 84-9, the Commission announced rates for 14/12 GHz satellite service of Telesat, and advised that "the Commission intends to initiate a construction program review proceeding" which would include a review of Telesat's plans relating to its next generation Anik E and F replacement series of satellites. In view of the significant utilization of Canadian satellites by broadcasting services, the Commission will also want to explore during this review how broadcasting requirements along with the needs of other users for satellite facilities can adequately and efficiently be met.
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In the case of high power direct broadcast satellites, based on its review of the situation to date, the Commission considers that no regulatory action on such systems will be necessary in the near future.
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Furthermore, the planning for the future DBS satellite systems may be significantly affected by the introduction of other delivery systems, such as the multichannel service in the 2548 - 2686 MHz frequency band, and new features such as enhanced definition television (EDTV) or high definition television (HDTV).
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The Commission will monitor these developments and, at the appropriate time, may invite public comments.
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Fernand Bélisle Secretary General
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