ARCHIVED - Telecom Public Notice CRTC 95-34
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Telecom Public Notice |
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Ottawa, 5 July 1995
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Telecom Public Notice CRTC 95-34
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PROVISION OF NON-PROGRAMMING SERVICES BY BROADCAST DISTRIBUTION UNDERTAKINGS - CHANGES TO THE PROCEEDING
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In Provision of Non-Programming Services by Broadcast Distribution Undertakings, Telecom Public Notice CRTC 95-22, 9 May 1995 (Public Notice 95-22), the Commission initiated a proceeding to consider issues raised by an application filed on 1 February 1995 by the Canadian Daily Newspaper Association (CDNA) against Rogers Cable TV Limited (RCTV). In its application, CDNA noted that RCTV distributes non-programming services on its cable television facilities. CDNA argued that, in doing so, RCTV is in breach of (1) subsection 25(1) of the Telecommunications Act, by providing such services without a tariff, and (2) subsection 27(2) of the Telecommunications Act, by giving to itself an undue or unreasonable preference in the delivery of non-programming services on its own facilities.
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In Public Notice 95-22, the Commission specifically requested comment on the following:
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(1) under what conditions, if any, would the carriage of non-programming services by a cable television undertaking result in that undertaking operating as a Canadian carrier as defined in the Telecommunications Act, and
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(2) if a cable television undertaking is found to be acting as a common carrier of telecommunications services, and given the possibility of limited capacity, how the requirements established by the Commission pursuant to the Broadcasting Act are to be reconciled with the operations of a common carrier pursuant to the Telecommunications Act.
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By letter dated 30 May 1995, Cogeco Cable Canada Inc. (Cogeco) requested (1) that the proceeding initiated by Public Notice 95-22 be expanded to cover the implications of, and policy issues relating to, the carriage of non-programming services by distribution undertakings generally, and (2) that the words "cable television undertaking" in the two questions posed in the Public Notice be replaced by the words "broadcasting distribution undertaking" so as to seek comment covering not only cable distribution undertakings, but also new distribution undertakings such as direct-to-home/direct broadcast satellite (DTH/DBS) distribution undertakings.
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The Commission agrees with Cogeco that it would be appropriate to consider the issues raised in Public Notice 95-22 as they relate to all distribution undertakings, as defined in section 2 of the Broadcasting Act, and not only to cable distribution undertakings. Accordingly, the Commission invites comment on the following:
(1) under what circumstances, if any, would the carriage of non-programming services by a broadcasting distribution undertaking result in that undertaking operating as a Canadian carrier, as defined in the Telecommunications Act, and |
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(2) if a broadcasting distribution undertaking is found to be acting as a Canadian carrier and, given the possibility of limited capacity, how the requirements established by the Commission pursuant to the Broadcasting Act are to be reconciled with the common carrier nature of an entity that is a Canadian carrier pursuant to the Telecommunications Act.
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In their comments, parties may also wish to address whether differences between various types of distribution undertakings warrant different regulatory treatment.
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Procedure
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2. Other persons wishing to participate in this proceeding must notify the Commission of their intention to do so by writing to Mr. Allan J. Darling, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, fax: 819-953-0795, by 21 July 1995. The Commission will issue a complete list of parties and their mailing addresses.
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3. The record of the proceeding may be examined at the offices of the CRTC in the following locations:
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Central Building
Les Terrasses de la Chaudière 1 Promenade du Portage Room 201 Hull, Quebec |
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Bank of Commerce Building
1809 Barrington Street Suite 1007 Halifax, Nova Scotia |
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Place Montréal Trust
1800 McGill College Avenue Suite 1920 Montréal, Quebec |
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275 Portage Avenue
Suite 1810 Winnipeg, Manitoba |
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800 Burrard Street
Suite 1380 Vancouver, British Columbia |
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4. Parties may file comments with the Commission, serving copies on all other parties, by 4 August 1995.
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5. Parties may file reply comments with the Commission, serving copies on all other parties, by 18 August 1995.
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6. Where a document is to be filed or served by a specific date, the document must be actually received, not merely mailed, by that date.
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Allan J. Darling
Secretary General |
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- Date modified: