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Decision
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Rogers Cable TV Limited, on behalf of cable undertakings controlled by Rogers
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Proposal to insert certain promotional material in the local availabilities of U.S. satellite services
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In Public Notice CRTC 1994-99 dated 16 August 1994, the Commission announced applications submitted by Rogers Cable TV Limited (Rogers), on behalf of cable undertakings controlled by the licensee, for authority, by condition of licence, to alter the signal of U.S. satellite services for the insertion of certain promotional material in the local availabilities of those services.
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Rogers proposed that a minimum of 50% and not more than 66% of the availabilities would be used to enhance consumer awareness of the licensed Canadian conventional, specialty, pay and pay-per-view programming services. The remaining availabilities would provide customer service information, publicize renewal and rate applications to the Commission, promotion of the community channel, second outlets and other cable services, and Canadian public service announcements.
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The Commission acknowledges the numerous interventions received in support of these applications. It also noted, however, that a few interveners while generally supporting the applications, raised some concerns about the possibility that Rogers may concentrate on the promotion of its own interests and services, and that Rogers could use the availabilities to promote non-programming services. Also of concern was the possible impact on broadcasters and specialty services who rely on commercial revenues.
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In its reply to these concerns, Rogers stated that access to the availabilities will be offered on a non-discriminatory basis. Rogers asserted that its approach to scheduling of the availabilities will result in "... an equal rotation over all of the available advertising spots" and that its procedures will ensure the "widest possible participation" and that "...no programming service will receive preferential treatment...". Rogers also stated that the promotional material will not consist of traditional commercial advertising and therefore, not compete with broadcasters for advertising revenues.
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The Commission, following careful consideration of the licensee's request and the concerns expressed by interveners, has decided to approve Rogers' proposal in part. The Commission has determined that the licensees listed in the appendix to this decision may, by condition of licence, at their option, insert certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the local availabilities may be made available for the promotion of discretionary programming services and packages, customer service information, channel realignments, cable FM service and additional cable outlets.
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In addition, the Commission is not prepared to consider applications to use such availibilities for the broadcast of commercial advertising.
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Allan J. Darling
Secretary General
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Licensee/ Location/ Application No.
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Rogers Cable TV Part of Metropolitan Toronto, 932188600
Limited part of Mississauga, part of
the Town of Milton, the City
of Brampton and part of the Town
of Caledon/Secteur du Toronto
métropolitain, secteur de Mississauga,
secteur de la ville de Brampton et
secteur de la ville de Caledon,
Ontario
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Rogers Cable TV Kitchener, Stratford and 932189400
Limited area/et la région, Brantford,
Paris, St. Mary's and surrounding
area/et la région avoisinante,
Ontario
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Rogers Cable TV Part of London/Secteur de 932190200
Limited London, Ontario
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Rogers Cable TV Part of Hamilton and 932191000
Limited Stoney Creek/secteur
d'Hamilton et Stoney,
Creek, Ontario
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Rogers Cable TV Newmarket, Bradford, 932192800
Limited Holland Landing, River
Drive Park, Sharon and
Part of/et secteur de
West Gwillibury, Ontario
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Rogers Cable TV Cornwall and area/et la 932193600
Limited région, Ontario
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Rogers Cable TV Oshawa, Bowmanville, Whitby 932195900
Limited and/et Hampton, Ontario
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Rogers Cable TV Part of Metropolitan Toronto/ 932196900
Limited Secteur du Toronto métropolitain,
Ontario
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Rogers Ottawa Part of Ottawa, Vanier, 932194400
Limited/Limitée Rockliffe Park, Gloucester,
part of Nepean and parts of
the Rideau, Osgoode, Cumberland
and Russell Townships/Secteur
d'Ottawa, Vanier, Rockliffe
Park, Gloucester, secteur de
Nepean et des secteurs des
cantons Rideau, Osgoode,
Cumberland et Russell, Ontario
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Rogers Cable TV Vancouver, British Columbia/ 932197700
Limited (Colombie-Britannique)
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*Rogers Cable TV Victoria, Saanich, Esquimalt 932198500
Limited and/et Oak Bay, British Columbia/
(Colombie-Britannique)
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Rogers Cable TV Coquitlam, Maple Ridge and/et 932199300
Limited Mission, British Columbia/
(Colombie-Britannique)
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Rogers Cable TV New Westminster, Surrey, 932200900
Abbotsford, Clearbrook and/et
Matsqui, British Columbia/
(Colombie-Britannique)
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*Rogers Cable TV Part of Calgary/secteur de 932201700
Limited Calgary, Alberta
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*These cable systems were aquired by Shaw Cablesystems (B.C.) Ltd. pursuant to Decision CRTC 94-924 dated 19 December 1994.
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