ARCHIVED -  Public Notice CRTC 1995-166

Public Notice

Ottawa, 5 October 1995

Public Notice CRTC 1995-166

AMENDMENT TO THE EXEMPTION ORDER RESPECTING CLOSED CIRCUIT VIDEO PROGRAMMING UNDERTAKINGS

On 3 August 1995, the Commission issued Public Notice CRTC 1995-132, seeking comments on a proposed amendment to the Exemption Order Respecting Closed Circuit Video Programming Undertakings (Public Notice CRTC 1993-50, as corrected by Public Notice CRTC 1993-50-1).

Six comments were filed by the deadline date of 5 September 1995. Three of the parties who filed
comments, Hospitality Network Canada Inc., SpectraVision of Canada Inc. and Stentor Telecom Policy Inc., supported the proposed amendment to the Exemption Order. The other three commenting parties, Battlefords Community Cablevision (Battlefords), TELUS Corporation (TELUS) and the Canadian Cable Television Association (CCTA), either opposed or suggested changes to the proposed amendment.

The Commission considers that the matters raised by Battlefords and TELUS in their comments have pre-viously been taken into account by the Commission and therefore warrant no change to the proposed amendment.

In its comment, the CCTA supported the proposed amendment but suggested that the protection afforded to priority signals distributed by cable distribution undertakings be extended to local or priority signals when service is provided by exempt master antenna television (MATV) systems and multipoint distribution systems (MDS).

The Commission notes that, according to the Exemption Order Respecting Master Antenna Television Systems, all signals of local television stations must be distributed by an exempt MATV system. The Commission is of the view that this requirement ensures the protection of local signals when an MATV operator is also distributing the service of an exempt closed circuit video programming undertaking. For purposes of clarity, however, the Commission has decided that it would be appropriate to reflect this pre-existing obligation in the Exemption Order Respecting Closed Circuit Video Programming Undertakings, as was suggested by the CCTA.

With regard to the proposal to further extend protection to the distribution of priority services by MDS undertakings, the Commission notes that such undertakings are currently regulated by conditions of licence, not by general regulations such as the Cable Television Regulations, 1986. Although the Commission's policy is to regulate MDS undertakings in a manner similar to cable undertakings, specific carriage requirements applicable to any given MDS undertaking are
determined on a case-by-case basis at the time of licensing. The Commission has therefore decided not to address, at this time, the protection of services distributed by MDS undertakings in hotels, motels, hospitals or prisons, where the service of a closed circuit video programming undertaking is also being distributed.

In its comment, the CCTA submitted that the integrity of facilities owned by the cable operator should be maintained when such facilities are used to distribute the service of an exempt closed circuit video programming undertaking. It therefore proposed a further amendment to the Exemption Order Respecting Closed Circuit Video Programming Undertakings. Under the CCTA's proposal, the operator of an excempted undertaking would be required to obtain the prior written consent of a distribution undertaking operator whose facilities it was using, in order to delete or displace any service provided by the distribution undertaking, or to rearrange or manipulate the channel line-up of the authorized service provided by the distribution undertaking.

The Commission notes that this issue was dealt with extensively in Public Notice CRTC 1995-131. It remains the Commission's view that there are no grounds for disconnection of cable service as long as the closed circuit video programming undertaking is operating in compliance with the Exemption Order Respecting Closed Circuit Video Programming Undertakings, including the new criterion set out in this Public Notice. On the other hand, if a closed circuit video programming undertaking were to operate in a manner resulting in the deletion of a priority service, this would not satisfy the new criterion and, should such non-compliance not be rectified, the cable company would have grounds for disconnection of service.

Accordingly, the Commission has amended the Exemption Order Respecting Closed Circuit Video Programming Undertakings by adding the following:

The undertaking does not operate in a manner that prevents a hotel or motel guest, hospital patient or prison inmate from receiving any programming service listed in section 9 or section 22 (as applicable) of the Cable Television Regulations, 1986 when that service is provided to the owner or operator of a hotel, motel, hospital or prison as part of the basic service of a licensed cable distribution undertaking, or from receiving any signal of a local television station when that signal is provided by a master antenna television system operating in accordance with the Exemption Order Respecting Master Antenna Television Systems.

The revised exemption order for closed circuit video programming undertakings is attached as an appendix to this notice.

Related Documents: Public Notice CRTC 1993-50 dated 30 April 1993, as corrected by Public Notice CRTC 1993-50-1 dated 14 January 1994 and entitled "Exemption Order Respecting Closed Circuit Video Programming Undertakings"; Public Notice CRTC 1995-131 dated 3 August 1995 entitled "Provision of Cable Services to the Rooms of Temporary Residents of Premises also served by a Closed Circuit Video Programming Undertaking"; Public Notice CRTC 1995-132 dated 3 August 1995 entitled "Call for Comments - Proposed Amendment to the Exemption Order Respecting Closed Circuit Video Programming Undertakings".

Allan J. Darling
Secretary General

APPENDIX TO PUBLIC NOTICE CRTC 1995-166

EXEMPTION ORDER RESPECTING CLOSED CIRCUIT VIDEO PROGRAMMING
UNDERTAKINGS

The Commission, pursuant to subsection 9(4) of the Broadcasting Act, by this order, exempts from the requirements of Part II of the Act and any regulations, those persons carrying on broadcasting undertakings of the class defined by the following terms and conditions:

Purpose

The purpose of these television programming undertakings is to provide a programming service, whether for a separate fee or not, to temporary residents of hotels, motels and hospitals or to the inmates of prisons only, and not to residents of permanent dwelling places. The programming consists only of feature motion pictures intended for theatrical release, or information about the city or about the premises served by the undertakings, and does not contain any commercial messages.

Description

1. The Commission would not be prohibited from licensing the undertaking by virtue of any direction to the Commission by the Governor in Council.

2. The undertaking meets all technical requirements of the Department of Industry and has acquired all authorizations or certificates prescribed by the Department.

3. The undertaking does not broadcast programming that is
 religious or political in nature, excepting feature motion picture films intended for theatrical release.

4. The undertaking provides a programming service consisting only of feature motion picture films intended for theatrical release or promotions for such films, and information about the city and the facilities for the guests of hotels or motels, the patients of hospitals and the inmates of prisons.

5. The undertaking does not operate in a manner that prevents a hotel or motel guest, hospital patient or prison inmate from receiving any programming service listed in section 9 or section 22 (as applicable) of the Cable Television Regulations, 1986 when that service is provided to the owner or operator of a hotel, motel, hospital or prison as part of the basic service of a licensed cable distribution undertaking, or from receiving any signal of a local television station when that signal is provided by a master antenna television system operating in accordance with the Exemption Order Respecting Master Antenna Television Systems.

Revised 5 October 1995