ARCHIVED -  Public Notice CRTC 1996-107

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Public Notice

Ottawa, 31 July 1996
Public Notice CRTC 1996-107
CALL FOR APPLICATIONS FOR A BROADCASTING LICENCE TO CARRY ON A VIDEO-ON-DEMAND PROGRAMMING UNDERTAKING
The Commission announces that it has received two applications for broadcasting licences to carry on national video-on-demand (VOD) programming undertakings. The Commission hereby calls for applications from other parties wishing to seek authority to carry on VOD programming undertakings.
In Public Notice CRTC 1994-118 dated 16 September 1994, the Commission issued an exemption order allowing programming undertakings to conduct limited field trials or experiments in order to test and develop the technology for providing a VOD programming service and to determine the technical feasibility of delivering such a service.
In that notice, the Commission defined a VOD service as follows:
... a service that provides programs, as defined by the [Broadcasting] Act, transmitted by means of telecommunications, where individual consumers select specific programs to be received by means of broadcasting receiving apparatus at any time of their choosing.
The Commission also noted that, "... should a party wish to offer a VOD programming service other than on an experimental basis, and where the service would clearly have a bearing on attainment of the cultural objectives of the Act, it will regulate such a service through licensing".
Persons interested in submitting an application for a VOD programming undertaking are invited to file their application with the Commission on or before 29 October 1996, and to submit all necessary technical documentation to the Department of Industry by the same date.
It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the viability of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.
Without restricting the scope of the issues to be considered, the following should be addressed:
1. The means by which the applicant will meet the requirement set out in the Broadcasting Act that "each element of the Canadian broadcasting system shall contribute in an appropriate manner to the creation and presentation of Canadian programming."
2. The means by which the applicant intends to promote the availability of Canadian programming on its service. This could include for example the use of barker channels and the design and use of navigational systems.
3. A description of the nature of the programming made available by the service.
4. The potential impact of new VOD services on the abilities of existing programming undertakings to achieve the objectives established in the Broadcasting Act.
5. The distribution arrangement(s) proposed for the delivery of the VOD service to subscribers and the type of access arrangements to delivery systems that are envisaged.
6. Clear evidence of the financial viability of the investors involved to undertake the project and to fulfil the applicant's business plan. For the convenience of applicants, the Commission has available upon request a document entitled "Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing".
The Commission also reminds applicants that they should take into consideration the eligibility requirements set out in P.C. 1996-479, SOR/96-192, dated 11 April 1996 (Ineligibility of Non-Canadians) and in P.C. 1985-2108 dated 27 June 1985 (Ineligibility to hold broadcasting licences).
The Commission will announce at a later date the time and place of the public hearing where applications received pursuant to this public notice will be considered and the places where such applications may be examined by the public.
A resume of each application will also be published in newspapers of general circulation within the area to be served.
The public will be given the opportunity to comment on any application by submitting written intervention(s) to the undersigned and by serving a true copy of the intervention(s) on the applicant(s) at least twenty (20) days before the date of the hearing.
Allan J. Darling
Secretary General

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