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Public Notice
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Ottawa, 4 May 1987
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Public Notice CRTC 1987-122
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PROPOSED AMENDMENTS TO THE CABLE TELEVISION REGULATIONS, 1986
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Related Documents: See Public Notices CRTC 1986-182 dated 1 August 1986 and 1987-27 dated 30 January 1987.
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Pursuant to subparagraphs 16(1)(b) (vii) and (viii) of the Broadcasting Act, the Commission proposes for public comment, amendments to the Cable Television Regulations, 1986 (the regulations) as set out in the appendix to this notice. The purpose of these amendments is to make certain adjustments to the regulations which the Commission considers will make clearer the original intent and purpose of each section. These amendments would treat CBC affiliates under paragraph 9(1)(f) in a similar manner to CBC's owned-and-operated stations, and would expand the existing definition of "capital expenditure" as set forth in subsection 18(5). As well, the Commission proposes a minor correction to subsection 18(7) and an amendment to subsection 22(1) of the regulations.
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Paragraph 9(1)(f) is intended to ensure that CBC service is distributed by all cable systems in Canada by means of satellite delivery in the absence of available over-the-air signals. It was not intended to disrupt existing market arrangements which pertain to CBC affiliates which may be carried already by virtue of local or regional over-the-air reception. Cable systems are currently obliged to apply for a condition of licence in order to be relieved from having to carry the satellite service of the CBC, referred to in paragraph 9(1)(f) of the regulations, even if a CBC affiliate service is distributed on the system. The proposed amendment will now enable cable systems which distribute the service of a CBC affiliate, either as a local or a regional television station, to satisfy this priority carriage requirement.
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The proposed changes to the definition in subsection 18(5) of "capital expenditure" would expand the existing definition to include capital costs for the replacement of existing subscriber drops to upgrade the quality of service provided. It will also now include costs for the purchase of equipment used exclusively for community programming to enhance the quality or quantity of community programming. These modifications will better accomplish the Commission's objective of encouraging licensees to rebuild and improve old plant and equipment, and improve the technical capabilities of systems, so that overall service to subscribers will be improved.
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The proposed amendment to subsection 22(1) would enable the Commission to exempt Part III licensees, on a case-by-case basis, by condition of licence, from the television service priorities set out in that subsection. According to subsection 22(1) of the regulations, a Part III licensee is obliged to distribute on the basic band of its undertaking the programming services of (a) all local television stations and (b) all regional television stations other than affiliates or members of a network of which a local television station is an affiliate or member. The Commission is of the view, however, that a Part III licensee should be able to apply for relief from the requirement to distribute the programming service of a remote station, as defined in the Television Broadcasting Regulations, 1987, if that cable licensee provides community programming. The Commission therefore proposes to amend subsection 22(1) of the regulations primarily to allow a licensee providing such programming to be relieved, by condition of licence, from the obligation to carry the programming services of local or regional low-power television stations in remote communities.
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The amendment proposed for subsection 18(7) is to correct a typographical error in the English version.
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Comments on these amendments should be received by the Commission on or before 12 June 1987 and be addressed in writing to the Secretary General, CRTC, Ottawa, Ontario, K1A 0N2.
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Fernand Bélisle Secretary General
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