ARCHIVED -  Public Notice CRTC 1995-183

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Public Notice

Ottawa, 26 October 1995
Public Notice CRTC 1995-183
Removal of Restrictions Concerning the Solicitation or Acceptance of Subscriptions by the Licensees of Radiocommunication Distribution Undertakings Within the Authorized Service Areas of Other Subscription-based Distribution Undertakings
In the past, when issuing or renewing licences authorizing persons to carry on subscription-based radiocommunication distribution undertakings, the Commission has generally imposed a condition of licence prohibiting such licensees from soliciting or accepting a subscription from, or making available decoding equipment for use by, any person resident within the autho-rized service area of any cable distribution undertaking, or within the approved service contours of any other subscription-based broadcasting undertaking.
The Commission's stated purpose in attaching such a condition of licence has been to avoid jeopardizing the financial viability of neighbouring, subscription-based distribution undertakings. Recently, however, in its 19 May 1995 report to the Government following the Information Highway proceeding, the Commission expressed the view that consumers should have increased choice among distributors of broadcasting and other services, and stated that it is prepared to consider, without delay, licence applications by those (other than telephone companies) seeking to carry on distribution undertakings to compete in the core cable market.
The Commission has determined that it would be consistent with this approach to cease attaching conditions of licence that have the effect of reducing competition between distribution undertakings. Accordingly, the Commission will no longer routinely impose conditions of licence, such as that described above, when issuing or renewing a licence for a radiocommunication distribution undertaking, unless a compelling case is made through the intervention process that the absence of such a condition would have an undue negative impact on the provision of service to the public.
Licensees of existing radiocommuni- cation distribution undertakings who are subject to such a condition of licence may submit applications requesting its deletion. All such applications will be processed by public notice in order to allow interested parties to comment on the impact that deletion of the condition of licence would have on the provision of service to the public.
Allan J. Darling
Secretary General

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