ARCHIVED - Decision CRTC 95-683
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Ottawa, 12 September 1995
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Decision CRTC 95-683
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Cablevision du Nord de Québec Inc.
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Val d'Or, Cadillac, La Sarre, Macamic, Normétal, Sainte-Germaine-Boulé, Duparquet, Notre-Dame-du-Nord, Témiscaming, Taschereau and Rouyn-Noranda, Quebec - 950915900 - 950916700- 950917500 - 950918300 - 950919100 - 950920900 - 950921700 - 950922500 - 950923300- 950924100 - 950914200
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Licence amendments concerning the distribution of a video games service
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Following Public Notice CRTC 1995-87 dated 30 May 1995, the Commission approves the applications to amend the broadcasting licences of the cable distribution undertakings serving the localities noted above by authorizing the licensee to originate a video games service as a special programming service, offered on a discretionary basis.
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The Commission stresses that all programming for the proposed interactive video games service is the responsibility of authorized cable licensees. The Commission notes that the video games will be provided by Sega Canada Inc. (Sega, the video games supplier).
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Based upon indicators of control outlined in Public Notice CRTC 1995-5 dated 13 January 1995 entitled "Policy Governing the Distribution of Video Games Programming Services" and on information provided by the applicant, the Commission is satisfied that the licensee will be, in fact, the operator of the service, and that approval of a licence amendment is appropriate. Accordingly, the following conditions of licence will apply in respect of each undertaking noted above:
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1. The video games service (the service) not include programming that is religious or political in nature.
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2. The service consist only of:
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a) software and related information which will enable a person to select and play video games using broadcasting receiving apparatus located at the subscriber's premises; and
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b) ancillary programming consisting of promotional information concerning only the programming service and video games offered by the video games supplier, except for such games that are rated or found to be unsuitable for the cable service, provided such programming is broadcast in conjunction with programming set out in a) above and not on a separate channel.
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3. The service make the greatest practicable use of Canadian creative and other resources in the creation and presentation of programming.
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4. At least 10% of the total number of video games offered on the monthly menu be Canadian. Where fewer than 10% of the video games on the monthly menu are Canadian, the service shall be distributed on a channel that would otherwise be available, under the current linkage rules, for the distribution of a non-Canadian eligible satellite service as part of a discretionary tier.
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5. The service be in compliance with the Canadian Association of Broadcasters' "Sex-Role Portrayal Code for Television and Radio Programming", "Voluntary Code Regarding Violence in Television Programming" and "Broadcast Code for Advertising to Children", as amended from time to time and approved by the Commission.
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6. The video games offered be categorized, and information be provided to subscribers indicating, at a minimum, the suitability of individual games for use by children and adolescents.
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7. The licensee provide to the Commission, upon request, the monthly menu of the games offered during any month within the previous twelve months of the date of the request and indicate which games are Canadian.
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In Public Notice CRTC 1995-5, the Commission had noted Sega's commitment to establish an Interactive Entertainment Development Fund to provide financial assistance to Canadians developing and producing new Canadian multimedia products. More specifically, Sega committed to contribute to such Fund on a monthly basis, depending upon the total number of paying subscribers obtained in Canada, an amount ranging from 3% to 5% of the gross revenues in the previous month attributable to the video games service.
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The Commission has considered it central to its approval of these applications that the cable licensee commit to ensuring that the terms of this commitment are met. Accordingly, and consistent with the statement made by the licensee in its reply to the intervention, the Commission requires it to ensure that the terms of the above-noted commitment form part of any contractual agreement entered into with Sega for the provision of video games programming services and will consider the licensee accountable to the Commission for its fulfilment.
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The Commission acknowledges and has considered the intervention received with respect to these applications as well as the licensee's reply thereto.
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Allan J. Darling
Secretary General |
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