|
Notice of Public Hearing
|
|
|
Telecom Public Notice CRTC 96-37
|
Notice of Public Hearing CRTC 1996-14
|
|
|
10 FEBRUARY 1997, 9:00 A.M.
|
The Commission will hold a public hearing commencing on 10 February 1997, at the Conference Centre, Phase IV, 140 Promenade du Portage, Hull, Quebec, to consider the following applications pursuant to the Broadcasting and Telecommunications Acts.
|
I. APPLICATIONS UNDER THE BROADCASTING ACT
|
The Commission has received the following applications under the Broadcasting Act:
|
1. REPENTIGNY, Quebec; and LONDON, Ontario
|
Applications (199603478, 199608270) by BELL CANADA, 1000 de la Gauchetière Street West, Montréal, Quebec, H3B 4Y7, for broadcasting licences to carry on distribution undertakings to serve the above-mentioned communities, for the purposes of conducting technical and market trials.
|
The proposed technical and market trials would be conducted over a two-year period, in areas of approximately 11,000 households in London and 12,000 households in Repentigny, and would be made available to a maximum penetration of 3,500 households in each market.
|
For the purposes of the market trials, the applicant proposes to distribute a package of basic and discretionary programming services in accordance with the rules and regulations established for Class 1 cable distribution undertakings. The applicant is prepared to distribute the community channel of the incumbent cable operators where the service is run on an arm's-length basis from the cable service. The applicant proposes several alternative community expression initiatives, including arranging for computer terminals in publicly accessible locations. Proposed programming services to be distributed include: national broadcasting television network services; local English and French-language broadcast television services; CPAC and certain provincial legislative services: Canadian specialty, pay and pay-per-view television services; radio services and digital pay audio programming; near video-on-demand and video-on-demand services. In addition, Bell Canada seeks authorization to distribute a programming guide, various promotional channels and interactive services. The applicant proposes that fees will vary with the package provided, and that its intention is to price at approximately the same level as the incumbent cable company, for a comparable package of services.
|
The applicant states that it will make use of a separate, overlay hybrid fiber-coaxial network in each location. The applicant proposes to offer telecommunication services making use of these networks, but these networks would not be used to provide traditional telephone services. The applicant proposes to package broadcasting and telecommunication services.
|
The Commission will only proceed with these applications at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that acceptable technical documentation has been filed with the Department.
|
Bell Canada is currently prohibited from holding a broadcasting licence and operating a broadcasting undertaking pursuant to section 7 of the Bell Canada Act. A bill to repeal this statutory provision, Bill C-57, has been introduced by the government in accordance with government policy as set out in the Convergence Policy Statement issued by the Hon. John Manley and Hon. Sheila Copps on 6 August 1996. In the event that section 7 of the Bell Canada Act is not repealed prior to the Commission's decisions regarding its applications, Bell Canada requests that the Commission approve its applications and issue broadcasting licences that would take effect upon the repeal of this statutory provision.
|
2. REPENTIGNY, Quebec; and LONDON, Ontario
|
Applications (199608288, 199608296) by 3056074 CANADA INC., 1000 de la Gauchetière Street West, Montréal, Quebec, H3B 4Y7, for broadcasting licences to carry on distribution undertakings to serve the above-mentioned communities, for the purposes of conducting technical and market trials.
|
The applicant, a BCE Inc. subsidiary, has filed identical applications to those filed by Bell Canada described above. These applications have been filed solely in the event that the statutory prohibition on Bell Canada to hold a broadcasting licence is not repealed prior to the Commission's decisions with respect to Bell Canada's applications. 3056074 Canada Inc. has indicated that it intends to withdraw its applications if section 7 of the Bell Canada Act is repealed prior to the Commission's decisions regarding Bell Canada's applications described above. If, however, this statutory provision is not repealed prior to the Commission's decisions, the applicant requests that the Commission approve its applications and issue broadcasting licences that will remain in force during the trials, or until the repeal of section 7 of the Bell Canada Act to coincide with the effective date of the licences that Bell Canada is requesting, as noted above.
|
3. COMMUNITY OF LAKE BONAVISTA, A SUBDIVISION OF CALGARY, Alberta; AND THE COMMUNITIES OF GREENFIELD AND RHATIGAN RIDGE, SUBDIVISIONS OF EDMONTON, Alberta
|
Applications (199611208, 199611190) by TELUS MULTIMEDIA operating as a division of TELUS Cable Holdings Inc. (TELUS Multimedia) 31,10020 - 100 Street North West, Edmonton, Alberta, T5J 0N5, for broadcasting licences to carry on distribution undertakings to serve the above-mentioned communities, for the purposes of conducting technical and market trials.
|
The proposed technical and market trials would be conducted over an 18 to 24-month period, and be made available to a maximum of 3,400 households (2,000 in Calgary, 1,400 in Edmonton).
|
For the purposes of the market trials, the applicant proposes to distribute a basic programming package in accordance with section 9 of the Cable Television Regulations, 1986. As proposed, discretionary programming services would be distributed in thematic tiers and on an à la carte basis, and would not be subject to any distribution and linkage regulatory requirements. The applicant proposes to distribute a preponderance of Canadian programming services on the basic service, but not necessarily within each discretionary tier or within the à la carte selections made by the subscriber. A preponderance of Canadian programs would be distributed across all discretionary tiers and à la carte services.
|
Proposed programming services to be distributed include: national broadcasting television network services; local English and French-language broadcast television services; Canadian aboriginal and multicultural broadcast services; Canadian specialty, pay and pay-per-view (PPV) television services; community-based programming; A.M. and F.M. radio services; and authorized non-Canadian programming services. In addition, the applicant proposes to distribute near video-on-demand, video-on-demand, and interactive services. The applicant anticipates that its basic monthly fee will be within the range of $9.95 to $19.95 per month.
|
The proposed trials would be conducted by TELUS Multimedia by means of its own hybrid fiber coaxial cable networks. The applicant also proposes to offer telecommunications services making use of these networks. The applicant is not proposing to package broadcasting and conventional telephone services.
|
The Commission will only proceed with these applications at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that acceptable technical documentation has been filed with the Department.
|
II. APPLICATIONS UNDER THE
TELECOMMUNICATIONS ACT
|
4. Bell Canada has stated that it intends to trial two high speed Internet access services in association with its broadcasting distribution market trials in London and Repentigny, one which will provide personal computer (PC) access and one which will provide television (TV) access. Accordingly, the applicant filed, under the Telecommunications Act, Tariff Notice 5866 in respect of its planned market trial of a high speed PC Internet access service. It has not filed a tariff notice for its high speed TV Internet Access service which is still under development. It described its high speed PC Internet Access service as providing high-speed access local transport (at speeds greater than 1.5 Mb/sec) and Internet features such as the home page, e-mail and web-browsing services. It proposed a trial rate for this service of $49.95 per month, which would include unlimited usage. The applicant has requested an effective approval date of 16 June 1997.
|
Bell Canada further stated that, as part of its high-speed Internet access market trials, it wishes to provide trial participants with access to predominantly alphanumeric content of an entertaining and informative nature, and access to such content related to the company's services. In this connection, the applicant requested authorization, under section 36 of the Telecommunications Act, to control the content or influence the meaning of the telecommunications carried by means of its high-speed PC Internet access market trial.
|
Bell Canada further proposed to offer a TV screen assisted telephony service (caller identification on the TV set), which will not be associated with its broadcast distribution network facilities. It stated that, as provision of caller identification features are covered under existing tariffs, no further application pursuant to the Telecommunications Act is required.
|
5. TELUS Multimedia has filed Tariff Notice 1, amended by Tariff Notice 1A, under the Telecommunications Act in respect of its planned market trial of a high speed Internet access service. This service, which is intended for personal computer users, will provide access to the Internet and similar information and communications services and will operate with connection speeds between 3 Mb/sec and 51.84 Mb/sec. The applicant proposed a trial rate for this service of $49.95 per month, which would include unlimited usage. TELUS Multimedia has requested an effective approval date of 1 July 1997. TELUS Multimedia indicated that, depending on the results of its technical trial of this service, TELUS Multimedia may make technical decisions prior to the marketing trial which may result in changes to the rates for the proposed service. In such a case, the company will file amendments to its proposed pages at that time.
|
6. To the extent that the same or similar issues may arise both in this current proceeding respecting the technical and market trials, and in the proceeding initiated by Telecom Public Notice CRTC 96-36, Regulation of Certain Telecommunication Services Offered by Broadcast Carriers, dated 6 December 1996, the Commission notes that its determinations with respect to such issues in this current proceeding will be confined to the Bell Canada and Telus Multimedia's proposed market trials of telecommunications services.
|
|
|
a) Examination of the applications of Bell Canada and 3056074 Canada Inc.:
|
Bell TeleboutiqueTM
Galerie Rive Nord
100 Brien Boulevard
Repentigny, Quebec
|
Bell PhonecentreTM
Westmount Mall
Upper Level
785 Wonderland Road South
London, Ontario
|
b) Examination of TELUS Multimedia applications:
|
Main Floor
411 - 1 Street South East
Calgary, Alberta
|
Main Floor
10020 - 100 Street North West
Edmonton, Alberta
|
|
|
PLEASE NOTE THAT AT THE PRESENT TIME THE COMMISSION CANNOT ACCEPT INTERVENTIONS SENT BY ELECTRONIC MAIL
|
ANY PERSON WHO IS INTERESTED IN THE APPLICATIONS FILED UNDER THE BROADCASTING ACT AND/OR UNDER THE TELECOMMUNICATIONS ACT MAY FILE COMMENTS IN RELATION THERETO.
|
IN ORDER TO HAVE YOUR INTER-VENTION CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,
|
- submit your original written intervention to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2). A true copy MUST be sent to the applicant and proof that this has been done must accompany the original intervention sent to the Commission;
|
- the intervention must be received by the CRTC and by the applicant ON OR BEFORE the deadline date indicated below. The Commission cannot be held responsible for postal delays;
|
- one may also communicate with the Commission:
- by telecopier: (819) 994-0218
|
- your intervention must clearly identify the application. It must also include clear indication of whether you support or oppose the application, or, if you propose changes to it, include the facts and grounds therefor. In the event that the subject application is brought to the oral phase of the hearing, and should you wish to appear, your intervention must include a request to do so, together with reasons as to why your written submission is not sufficient and why your appearance is necessary. The Commission will inform interveners whether their requests to appear are granted. All written interventions are considered by the Commission when it makes its decisions.
|
To ensure the effective use of public hearing time, and consistent with the Commission's practice in similar proceedings, it may group the appearance of various interveners to particular applications at the same time.
|
DEADLINE FOR INTERVENTION:
|
|
|
The general procedure to be followed at the oral phase of this public hearing will be as set out below:
|
1. The applicant may present its application and will be subject to questioning by the Commission.
|
2. Interveners whose requests to appear have been granted may present their submissions and may be subject to questioning by the Commission. Interveners will be advised of the order of appearance prior to the hearing.
|
3. The applicant may present oral argument.
|
4. Interveners whose request to appear has been granted may present oral argument.
|
5. The applicant and each intervener may file with the Commission written argument at the time they present their oral argument, serving a copy thereof on all appearing interveners and the applicant respectively.
|
6. The applicant may file final written reply argument within 7 days of the adjournment of the oral hearing, serving a copy thereof on all appearing interveners.
|
All documents must actually be received, and not merely mailed, by the dates indicated.
|
EXAMINATION OF DOCUMENTS
DURING NORMAL OFFICE HOURS
|
Documents are available:
°at the local address provided in this notice; and
°at the following Commission offices:
|
Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 201
Hull, Quebec K1A 0N2
Tels: (819) 997-2429 - TDD 994-0423
Telecopier: (819) 994-0218
|
Bank of Commerce Building
Suite 1007
1809 Barrington Street
Halifax, Nova Scotia B3J 3K8
Tels: (902) 426-7997 - TDD 426-6997
Telecopier: (902) 426-2721
|
Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec H3A 3J6
Tels: (514) 283-6607 - TDD 283-8316
Telecopier: (514) 283-3689
|
Kensington Building
Suite 1810
275 Portage Avenue
Winnipeg, Manitoba R3B 2B3
Tels: (204) 983-6306 - TDD 983-8274
Telecopier: (204) 983-6317
|
530 - 580 Hornby Street
Vancouver, British Columbia
V6C 3B6
Téls: (604) 666-2111 - TDD 666-0778
Telecopier: (604) 666-8322
|
CRTC regional offices not directly involved in this public hearing will also make documents available upon request by interested parties (normal delay: 48 hours).
|
Allan J. Darling
Secretary General
|