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Public Notice
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Ottawa, 30 November 1987
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Public Notice CRTC 1987-262
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Proposed Amendments to the Cable Television Regulations, 1986
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Related documents: Public Notices CRTC 1986-182 dated 1 August 1986 and CRTC 1987-121 dated 4 May 1987.
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Pursuant to paragraph 16(1)(b) 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 adjustments to the regulations to take into account the new provisions related to distribution and linkage set out in Public Notice CRTC 1987-261 dated 30 November 1987, entitled Distribution and Linkage Requirements and to set out a scheme to permit cable licensees to increase the basic monthly fee in respect of the mark-up described at pages 71 to 73 in Public Notice CRTC 1987-260 dated 30 November 1987, entitled Introductory Statement to Decisions CRTC 87-895 to 87-906: Canadian Specialty and Pay Television Services.
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These amendments would replace the public notice referred to in subsection 10(2) of the regulations to incorporate by reference the new distribution and linkage requirements for programming services. In addition, the amendments would add new subsections, subsections 18(2.1) and (2.2), and make consequent changes to subsection 18(4), to permit a cable licensee to increase the basic monthly fee by an amount of one cent for every two Canadian specialty services the licensee distributes as part of the basic service, and to permit a cable licensee in a francophone market (as defined in Public Notice CRTC 1987-261) who distributes the complete package of 5 French-language specialty services on the basic service, and a licensee in an anglophone market who similarly distributes the complete package of 6 English-language services, to increase the basic monthly fee by a maximum of five cents.
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Comments on these amendments should be received by the Commission on or before 29 January 1988 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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SCHEDULE 1987-1048 (CG-I)
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1. Subsection 10(2) of the Cable Television Regulations, 1986 is revoked and the following substituted therefor:
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"(2) Except as otherwise provided pursuant to a condition of its licence, where a licensee distributes a programming service referred to in paragraph (1)(e), (f), (h) or (i), the licensee shall distribute the service in accordance with the rules governing the distribution of those services as set out in Public Notice CRTC 1987-261, entitled Distribution and Linkage Requirements".
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2. (1) Section 18 (Note 1) of the said Regulations is amended by adding thereto, immediately after subsection (2) thereof, the following subsections:
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"(2.1) For the purpose of subsection (2.2), "operating in a francophone market" has the meaning set out in Public Notice CRTC 1987-261, entitled Distribution and Linkage Requirements.
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(2.2) A licensee may increase its base portion
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(a) by $0.01 when it first commences to distribute a second specialty service as part of the basic service;
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(b) by a further $0.01 when it first commences to distribute a fourth specialty service as part of the basic service; and
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(c) by a further $0.03
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(i) when it first commences to distribute a fifth specialty service as part of the basic service, in the case of a licensee operating in a francophone market, or
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(ii) when it first commences to distribute a sixth specialty service as part of the basic service, in the case of a licensee not operating in a francophone market".
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(2) All that portion of subsection 18(4) of the said Regulations preceding paragraph (b) thereof is revoked and the following substituted therefor: "(4) Where a licensee intends to increase its basic monthly fee by an amount permitted pursuant to subsection (2), (2.2) or (3), it shall not implement the increase unless
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(a) it sends to each of its subscribers a written notice of the increase, setting forth separately the increase expressed in dollars in each part of the basic monthly fee increased pursuant to subsection (2), (2.2) or (3), as applicable;"
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3. Paragraph 18(4)(b) of the said Regulations is further amended by deleting the work "and" at the end of subparagraph (ii) thereof and by adding thereto, immediately after subparagraph (ii) thereof, the following subparagraph:
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"(ii.1) in the case of an increase referred to in subsection (2.2), a list of specialty services for which the increase is sought, and"
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Note 1 - SOR/87-424, 1987 Canada Gazette Part II, p. 2820
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