ARCHIVED -  Decision CRTC 95-920

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Decision

Ottawa, 21 December 1995
Decision CRTC 95-920
Various Locations in Canada
Licence amendments concerning the distribution of a video games service
Following Public Notice CRTC 1995-154 dated 14 September 1995, the Commission approves the applications to amend the broadcasting licences of the cable distribution undertakings listed in the appendix to this decision by authorizing the licensees to originate a video games service as a special programming service, offered on a discretionary basis.
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).
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 applicants, the Commission is satisfied that the licensees will be, in fact, the operators 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 listed in the appendix to this decision:
1. The video games service (the service) not include programming that is religious or political in nature.
2. The service consist only of:
 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
 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.
3. The service make the greatest practicable use of Canadian creative and other resources in the creation and presentation of programming.
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.
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.
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.
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.
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.
The Commission has considered it central to its approval of these applications that cable licensees commit to ensuring that the terms of this commitment are met. Accordingly, and consistent with the approach taken by the Commission in Decision CRTC 95-591 dated 24 August 1995, the Commission requires that cable licensees 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 cable licensees accountable to the Commission for its fulfilment.
Allan J. Darling
Secretary General
APPENDIX / ANNEXE
Licensee/ Location/ Application No./
Titulaire Endroit N° de demande
Newfoundland/Terre-Neuve
Community Cable Limited Conception Bay 951342500
Andromeda Cablevision Winterton 951343300
Limited
Nova Scotia/Nouvelle-Écosse
Baddeck Cable T.V. Baddeck 951643600
Company Ltd.
Able Cablevision Ltd. Caledonia 951350800
East Port Medway 951351600
Greenfield 951352400
Liverpool 951353200
Seabreeze Cablevision Clark's Harbour 951354000
Ltd.
Lockeport 951355700
Shelburne 951356500
Thomasville 951357300
Access Cable Television Dartmouth 951318500
Limited
Digby 951319300
Freeport 951320100
Sandy Cove 951321900
Tiverton 951323500
Westport 951333400
Seaside Cable T.V. Glace Bay 951639400
(1984) Limited
Halifax Cablevision Halifax 951348200
Ltd.
Kings Kable Limited Kentville and area/ 951383900
et la région
St. Peter's Cablevision St. Peter's 951642800
Ltd.
Viking Cable T.V. Ltd. Yarmouth 951349000
New Brunswick/Nouveau-Brunswick
Access Cable Television Sussex 951322700
Limited
Licensee/ Location/ Application No./
Titulaire Endroit N° de demande
Quebec/Québec
Valleyfield Transvision Valleyfield 951335900
Inc.
Ontario
Saugeen Telecable Alma 951309400
Limited
Ayton 951310200
Chesley 951311000
Drayton 951312800
Durham 951313600
Elmwood 951314400
Hanover 951315100
Milverton 951316900
Neustadt 951317700
Cablevue (Quinte) Belleville 951334200
Ltd.
Southmount Cable Hamilton (Part of/ 951337500
Limited Secteur de)
Mountain Cablevision Hamilton (Parts of 951346600
Ltd. Caledonia, Dunnville,
Cayuga, Hagersville,
Binbrook and Mt. Hope/
Secteurs de Caledonia,
Dunnville, Cayuga,
Hagersville, Binbrook,
et Mt. Hope)
Lindsay CATV Systems Lindsay 951347400
Limited
Compton Cable T.V. Uxbridge and/et 951344100
Limited Port Perry
Alberta
Videotron Communications Edmonton 952185700
Ltd.
British Columbia/Colombie-Britannique
Omineca Cablevision Burns Lake 951306000
Ltd.
Fraser Lake 951307800
Vanderhoof 951308600
Campbell River T.V. Campbell River 951345800
Association
Licensee/ Location/ Application No./
Titulaire Endroit N° de demande
Delta Cable Television Delta 951338300
Limited
Coast Cable Communications Gibsons/Sechelt 951339100
Ltd.
Masset Haida Television Masset 951341700
Society
Revelstoke Cable T.V. Revelstoke 951340900
Ltd.
Ucluelet Video Services Ucluelet 951336700
Limited

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