ARCHIVED -  Public Notice CRTC 1991-46

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Public Notice

Ottawa, 29 April 1991
Public Notice CRTC 1991-46
REVISED LISTS OF ELIGIBLE SATELLITE SERVICES
I.
Attached to this Public Notice are revised lists of "Part II Eligible Satellite Services" (Part II list) and "Part III Eligible Canadian Satellite Services" and "Part III Eligible Non-Canadian Satellite Services" (Part III list). The Part II list contains satellite services authorized for distribution by licensees holding Class 1 and Class 2 licences and is found in Appendix A. The Part III lists contain satellite services authorized for distribution by licensees holding Part III licences and are found in Appendix B.

The revisions to the lists announced today result from the Commission's consideration of comments received in response to Public Notice CRTC 1990-61 dated 12 June 1990. In that notice, the Commission invited comments on a number of proposed amendments to the lists of eligible satellite services. The Commission subsequently revised its lists of eligible satellite services in Public Notice CRTC 1990-115 dated 29 December 1990. However, in the notice, the Commission announced that it would defer its decision on whether to add Black Entertainment Television (BET), Consumer News and Business Channel (CNBC) and WSBK Boston to the lists of eligible satellite services until after its hearing on tiering and linkgage. Since the Commission postponed this hearing in Public Notice CRTC 1991-23, it has decided to address these outstanding matters at this time.

1. WSBK Boston
In Public Notice CRTC 1990-61, the Commission requested comments on a request by First Choice Canadian Communications Corporation (First Choice) to add WSBK Boston to Section "B" of the Part II list. WSBK's programming consists of classic movies, sports, children's programming and syndicated series.

The Canadian Cable Television Association (CCTA) supported the addition of WSBK Boston to the list. The Sports Network and Le Réseau des Sports (TSN/RDS) commented that WSBK Boston would compete directly with key programming available on TSN and RDS and therefore suggested that it should not be added to the list.

CityTV/MuchMusic stated that it was opposed to the distribution of any U.S. superstation in Canada, maintaining that the programming of these services is similar to that being distributed by Canadian independent stations. It is the Commission's view that the programming format of WSBK Boston is similar to that provided by several other superstations currently on the list. In addition, the Commission notes that services on Section "B" of the Part II list may be packaged only with Canadian pay services, and therefore should not have any undue impact on independent Canadian broadcasters or on Canadian specialty services.

The Commission will therefore add WSBK Boston to Section "B" of the Part II list and, for consistency, to the Part III list.

2. Black Entertainment Television
In Public Notice CRTC 1990-61, the Commission requested comments on a request to add BET to the Part II list. BET is currently on the Part III list. BET's programming is directed primarily to black Americans.

The CCTA, Rogers Cable T.V. Limited, Cablecasting Limited and the Satellite Communications Association of Canada supported the addition of BET to Section "A" of the Part II list. First Choice, The Family Channel and Allarcom Limited, however, suggested that BET should be added to Section "B" of the Part II list.

MuchMusic opposed the addition of BET to the list, noting that a significant percentage of BET's schedule is devoted to music video programming. MuchMusic stated that it has developed two black music video programs and noted that, if BET were widely distribute in Canada, Canadian services might choose not to carry this type of programming. The Commission is of the view that it is appropriate to add BET to Section "B" of the Part II list. In doing so, it notes that BET may be packaged only with Canadian pay television services, and, as such, should not have any undue impact on the carriage of music video programming in Canada by either Canadian specialty services or independent broadcasters.

3. Consumer News and Business Channel (CNBC)
In Public Notice CRTC 1990-61, the Commission requested comments on the addition of CNBC to Section "A" of the Part II list and to the Part III list. The Commission notes, however, that CNBC has recently announced that it will alter its programming to include information programs on weeknights and interviews and open-line shows on weekends. Since the extent to which this programming change causes CNBC to deviate from its original "consumer-oriented" format is unclear, the Commission is not prepared, at this time, to add CNBC to the lists.

In addition, the Commission has been informed that CNBC has recently bid to purchase the Financial News Network (FNN). If successful, CNBC has announced that it plans to merge the services of CNBC and FNN.

The Commission notes that the current authorization for FNN applies to the existing programming format only. As a result, if the FNN service as it currently exists is altered or discontinued, cable licensees would no longer be authorized to distribute the service. They would, however, be permitted to replace FNN with another authorized service from the lists of eligible satellite services.

The Commission may consider at an appropriate time the addition to the lists of any new service which incorporates elements of the FNN service.

Related documents: Public Notice CRTC 1990-61 dated 12 June 1990, Public Notice CRTC 1990-115 dated 28 December 1990 and Public Notice CRTC 1991-23 dated 18 February 1991.


Allan J. Darling
Secretary General
APPENDIX A/ANNEXE A

LIST OF PART II ELIGIBLE SATELLITE SERVICES/
LISTES DES SERVICES PAR SATELLITE ADMISSIBLES EN VERTU DE LA PARTIE II

(Cable Television Regulations, 1986, section 10)/
(Règlement de 1986 sur la télédistribution, art. 10)

A)Access Network
Radio Québec
TVOntario
Knowledge Network
Atlantic Television System Ltd. (ASN)
CBC English-language Television Service/Service de télévision de langue anglaise de la SRC
CBC French-language Television Service/Service de télévision de langue française de la SRC
CANCOM
- CHCH-TV HamiltonInd
- CFTM-TV MontréalTVA
- CITV-TV Edmonton Ind
- CHAN-TV VancouverCTV
- WDIV-TV DetroitNBC
- WTVS-TV DetroitPBS
- WJBK-TV DetroitCBS
- WXYZ-TV DetroitABC
Cable News Network (CNN)
CNN Headline News (CNN-2)
The Nashville Network (TNN)
The Arts and Entertainment Network (A&E)
Financial News Network (FNN)*
The Weather Channel (TWC)
Country Music Television
Cable Satellite Public Affairs Network (C-Span)
The Silent Network
The Learning Channel (TLC)

B)WTBS-TV Atlanta
WGN-TV Chicago
WOR-TV New York City
WPIX-TV New York City
WSBK-TV Boston
Black Entertainment Television (BET)
Lifetime Television

Authorization for the above-noted services is subject to the following:
- when this list of Part II Eligible Satellite Services is replaced by another list of Part II Eligible Satellite Services, the only authorized services will be those contained in the most recent list; accordingly, this list supersedes the list dated 28 December 1990.

- in the case of CANCOM signals, ASN, the CBC English- and French-language Television Services and U.S. satellite services, licensees are required to enter into the necessary contractual arrangements for such carriage.

* In the case of the Financial News Network (FNN) service, the authorization to distribute the service does not include the programming of sports.

Date of issue:
29 April 1991
APPENDIX B/ANNEXE B

LIST OF PART III ELIGIBLE SATELLITE SERVICES/
LISTE DES SERVICES PAR SATELLITE ADMISSIBLES EN VERTU DE LA PARTIE III

(Cable Television Regulations, 1986, section 24)/
(Règlement de 1986 sur la télédistribution, art. 24)

Part III Eligible Canadian Satellite Services/Services par satellite canadiens admissibles en vertu de la partie III

Access Network
Radio Québec
TVOntario
Knowledge Network
Atlantic Television System Ltd. (ASN)
CBC English-language Television Service/Service de télévision de langue anglaise de la SRC
CBC French-language Television Service/Service de télévision de langue française de la SRC
CANCOM
-CHCH-TV HamiltonInd
-CFTM-TV MontréalTVA
- CITV-TV EdmontonInd
- CHAN-TV VancouverCTV
- WDIV-TV DetroitNBC
- WTVS-TV DetroitPBS
- WJBK-TV DetroitCBS
- WXYZ-TV DetroitABC

Part III Eligible Non-Canadian Satellite Services/Services par satellite non canadiens admissibles en vertu de la partie III

WTBS-TV Atlanta
WGN-TV Chicago
WOR-TV New York City
WPIX-TV New York City
WSBK-TV Boston
Cable News Network (CNN)
CNN Headline News (CNN-2)
The Nashville Network (TNN)
The Arts and Entertainment Network (A&E)
Financial News Network (FNN)*
The Weather Channel (TWC)
Country Music Television
Cable Satellite Public Affairs Network (C-Span)
The Silent Network
The Learning Channel (TLC)
Black Entertainment Television (BET)
Lifetime Television

Authorization for the above-noted services is subject to the following:
- when these lists of Part III Eligible Satellite Services are replaced by other lists of Part III Eligible Satellite Services, the only authorized services will be those contained in the most recent lists; accordingly, these lists supersede the list of Part III Eligible Canadian Satellite Services and the list of Part III Eligible Non-Canadian Satellite Services dated 28 December 1990.

- in the case of out-of-province educational services, there should be no objection on the part of the originating service;
- in the case of CANCOM signals, ASN, and the CBC English- and French-language Television Services, licensees are required to enter into the necessary contractual arrangements for such carriage;
-  in the case of CFTM-TV and CHAN-TV, a licensee also distributing the signal of a local TVA/CTV affiliate shall delete the duplicate programming from the CANCOM services or substitute the local service(s) when the programming is identical. * In the case of the Financial News Network (FNN) service, the authorization to distribute the service does not include the programming of sports.

Date of Issue:
29 April 1991

Date modified: