ARCHIVED -  Public Notice CRTC 1997-17

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Public Notice

Ottawa, 19 February 1997
Public Notice CRTC 1997-17
CALL FOR COMMENTS ON REQUESTS BY SPONSORS TO ADD NON-CANADIAN SATELLITE SERVICES TO THE LISTS OF ELIGIBLE SATELLITE SERVICES
I Requests by Sponsors
In Public Notice CRTC 1996-122 dated 4 September 1996, the Commission announced that it was prepared to consider requests from Canadian "sponsors" to add non-Canadian satellite services to the lists of eligible satellite services ("the lists").
In its notice, the Commission stated that such requests should be accompanied by evidence that the non-Canadian service has agreed to be sponsored by the Canadian party filing the request, and should include a statement from the service provider that it has obtained all of the necessary Canadian distribution rights for its programming. Sponsors were also directed to provide a brief description of the service, a copy of the current program schedule, and evidence of discussions with distributors with respect to potential demand for the service. Further, they were asked to specify which list(s) and, if appropriate, to which section of the list the sponsor wishes the non-Canadian service to be added.
In response to its notice, the Commission received submissions from 11 separate Canadian sponsors requesting that 28 non-Canadian satellite services (as identified in the appendix to this notice) either be added to the lists or that current restrictions concerning their distribution be amended or removed.
The appendix contains a brief description of each of the services, the name and address of the Canadian sponsor, and the list(s) and, where applicable, the section of the list to which the sponsor has requested the non-Canadian service be added.
II Call for Comments
As stated in Public Notice CRTC 1996-122, the Commission intends to assess all requests for amendments to the lists in the context of the Commission's general policy, which, among other things, precludes the addition of new non-Canadian satellite services that can be considered either totally or partially competitive with Canadian specialty or pay television services.
In applying this policy, the Commission will take into account all existing Canadian specialty and pay television programming undertakings, as well as those whose applications were approved on 4 September 1996 in decisions introduced by Public Notice CRTC 1996-120 of that date. These include the new specialty services undertakings that will not be subject to the Access Rules until 1 September 1999.
In addition, in Public Notice CRTC 1993-78 entitled "Religious Broadcasting Policy", the Commission stated that:
 At the appropriate time, the Commission intends to establish a list of eligible foreign religious services to be linked exclusively with Canadian single or limited point-of-view discretionary religious services. Linkage with a foreign religious service will be at the discretion of the licensee of the Canadian programming undertaking.
It should be noted however, that there are not, as yet, any licensed Canadian single or limited point-of-view discretionary religious services.
The Commission hereby invites comments from interested parties on the requests by sponsors described in the appendix. Interested parties must follow the process outlined in the "Public Participation" section of this notice.
As part of this public process, those parties named in the appendix to this notice as having filed requests will have an opportunity to submit written responses to comments filed by interested parties.
III Other Matters
The Commission notes that some of the requests raise certain policy issues, as discussed below.
a) Placement of Services on the Lists
Currently, the Part II list contains satellite services authorized for distribution on a discretionary basis by a licensee holding a Class 1 licence (6,000 or more subscribers) or a Class 2 licence for an undertaking having 2,000 or more, but fewer than 6,000 subscribers. It is divided into Sections "A" and "B". Non-Canadian satellite services in Section "A" may be packaged with either Canadian pay television or specialty services. Non-Canadian satellite services in Section "B" may be packaged only with a Canadian pay television service.
The Part III list contains satellite services authorized for distribution by Part III licensees or licensees holding a Class 2 licence for an undertaking that has fewer than 2,000 subscribers.
In addition to their specific requests, ACCESS - Learning & Skills Television of Alberta Limited (ACCESS) and the Canadian Cable Television Association (CCTA) have proposed new options with respect to where additional non-Canadian services could be placed on the lists. ACCESS suggested that:
 ...it may be appropriate to consider a modified B list or the addition of a C list to the existing Part II services that would specify eligible services that could be added primarily as digital services, but with the option of analog.
The CCTA indicated that its first preference would be to have all authorized non-Canadian services available for packaging with any of the Canadian pay or specialty services. It suggested, however, that, given possible concerns about available channel capacity in the short term, an alternative would be to add new non-Canadian services both to the Part III list and to Section "B" of the Part II list. Under this alternative, the scope of Section "B" would be expanded so that non-Canadian services placed on it would be available for packaging with either pay television services or any of the specialty services licensed on 4 September 1996.
As a third option, the CCTA suggested that new non-Canadian services, other than those authorized for packaging with pay television services, could be authorized for packaging only with the services licensed on 4 September 1996, but which do not become subject to the Commission's Access Rules until September 1999.
The Commission seeks the views of interested parties on these or other possible options with respect to the placement of additional non-Canadian services on the lists.
b)  CCTA's Request concerning the "DTH Superstation Rule"
The CCTA requested that distribution undertakings be granted the same flexibility now accorded to licensed DTH distribution undertakings, namely the flexibility to designate one of the authorized U.S. superstations and package the signal of that superstation with Canadian specialty services on a 1:1 linkage basis.
The CCTA acknowledged that it had also put forward this request in its submission to the Commission in the context of the proceeding concerning a new regulatory framework for broadcasting distribution undertakings. Given that a decision on this issue is now pending, the Commission does not seek comment on the CCTA's request as part of this process. A public notice announcing the Commission's new regulatory framework will be issued in the near future.
IV Public Participation
PLEASE NOTE THAT AT THE PRESENT TIME THE COMMISSION CANNOT ACCEPT COMMENTS SENT BY ELECTRONIC MAIL
IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,
·  submit the original of your written comments on the sponsored non-Canadian service or services listed in the appendix to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2). A true copy MUST be sent to the appropriate Canadian sponsor, or sponsors if there is more than one for a given service, at the addresses provided in the appendix. Proof of such sending must accompany the original of the comments sent to the Commission;
·  comments must be received by the CRTC and by the Canadian sponsors ON OR BEFORE Monday, 7 April 1997. The Commission cannot be held responsible for postal delays;
·  comments should clearly identify the request or requests to which they apply. They should also indicate whether you support, oppose, or propose changes to the requests, and should be accompanied by the facts and grounds therefor.
Your comments will be considered by the Commission and will form part of the public record of the proceeding without further notification to you, provided the procedure set out above has been followed. You will be contacted only if your submission raises procedural questions.
Parties who are identified in the appendix as sponsors of requests filed pursuant to Public Notice CRTC 1996-122 may file a written reply to any comments received concerning their requests. Such replies should be filed with the Commission, and a copy sent to the person who submitted the comments by no later than Monday, 21 April 1997.
All material filed with respect to this proceeding will be available for public examination at the following offices of the Commission during normal office hours:
CRTC Head Office
1 Promenade du Portage
Hull, Quebec
Halifax Regional Office
Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia
Montreal Regional Office
Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec
Winnipeg Regional Office
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
Vancouver Regional Office
530 -580 Hornby Street
Vancouver, British Columbia
Allan J. Darling
Secretary General
APPENDIX
1. America's Health Network
Description of Service:
Consumer health and medical information
Location on List:
Part II (A) and Part III
Sponsor name and address:
Canadian Cable Television Association (CCTA)
Suite 1010
360 Albert St.
Ottawa, Ontario
K1R 7X7
FAX (613) 232-2137
2. American Movie Classics
Description of Service:
Movies from the 30's to 70's and specials
Location on List:
Part II (B) and Part III
Sponsor name and address:
TMN Networks Inc.
BCE Place, 181 Bay St.
P.O. Box 787, Suite 100
Toronto, Ontario
M5J 2T3
FAX: (416) 956-2012
3. ART America
Description of Service:
Drama, travel, magazines, sports, feature films, music, history, cuisine and children's programming in Arabic languages
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
4. BBC World
Description of Service:
News and Information
Location on List:
Part II and Part III
Sponsor name and address:
ACCESS - Learning & Skills TV of Alberta Limited
3720-76 Avenue
Edmonton, Alberta
T6B 2N9
FAX: (403) 440-8899
5. Black Entertainment Television
Description of Service:
News, entertainment and specials aimed primarily at Black Americans
Location on List:
Request to move the service from Part II (B) to Part II (A)
Sponsor name and address:
CCTA
(See above for address)
6. Bloomberg Information Television
Description of Service:
Business News and Information
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
7.  Consumer News and Business Channel (CNBC)
Description of Service:
Entertainment, information and variety programming on weekends and during the evenings on weekdays; business and financial programming during the daytime on weekdays
Location on List:
This service is currently included on the Part II (A) and Part III lists. The request is for the removal of the present restriction that limits distribution of this service to the hours between 6 a.m. and 7 p.m. weekdays
Sponsor name and address:
CCTA
(See above for address)
8. Cornerstone TeleVision
Description of Service:
Interdenominational Christian programming
Location on List:
Part II (B)
Sponsor name and address:
Allarcom Pay Television Limited
Suite 200
5324 Calgary Trail
Edmonton, Alberta
T6H 4J8
FAX: (403) 437-3188
9. Court TV
Description of Service:
Courtroom proceedings and legal news
Location on List:
Part II (B) (Allarcom)
Part II (A) and Part III (CCTA)
Sponsors names and addresses (separate requests):
Allarcom Pay Television Limited)
(See above for address)
CCTA
(See above for address)
10. Deutsche Welle
Description of Service:
News, magazines, features and documentaries from Germany
Location on List:
Part II (B) and Part III (Mascon)
Part II (B) (Allarcom)
Part II (A) and Part III (CCTA)
Sponsors names and addresses (separate requests):
Mascon Communications Corp.
P.O. Box 3386
4901 Auto Road S.E.
Salmon Arm, British Columbia
V1E 4S2
FAX: (604) 832-5575
Allarcom Pay Television
(See above for address)
CCTA
(See above for address)
11. Eternal Word Television Network
Description of Service:
Catholic Religious
Location on List:
Part II (A) (Cable Regina)
Part II (A) and Part III (CCTA and Access Cable Television)
Sponsors names and addresses (separate requests):
Cable Regina
2250 Park Street
Regina, Saskatchewan
S4N 7K7
FAX: (306) 565-5395
CCTA
(See above for address)
Access Cable Television Limited
190 Victoria Road
P.O. Box 404
Dartmouth, Nova Scotia
B2Y 3Y5
FAX: (902) 466-0543
12. The Filipino Channel
Description of Service:
Comedies, variety shows, drama, sports, news, talk shows, movies from the Philippines
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
13. Fit TV
Description of Service:
Fitness instruction and information
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
14. Game Show Network
Description of Service:
Game shows
Location on List:
Part II (B)
Sponsor name and address:
The Family Channel
BCE Place, 181 Bay Street
P.O. Box 787
Toronto, Ontario
M5J 2T3
FAX: (416) 956-2035
15. The Golf Channel
Description of Service:
Tournaments and information on golf
Location on List:
Part II (A) and Part III
Sponsor name and address:
The Canadian Cable Systems Alliance (CCSA)
1 Gondola Point Road
Unit 1
Rothesay, New Brunswick
E2E 5J6
FAX: (506) 849-1338
16. The Inspirational Network
Description of Service:
Religious programming from Christian denominations
Location on List:
Part II (B)
Sponsor name and address:
Allarcom Pay Television
(See above for address)
17. KWGN (Denver)
Description of Service:
U.S. commercial independent superstation
Location on List:
Part II (B) and Part III
Sponsor name and address:
CCTA
(See above for address)
18. Newsworld International
Description of Service:
News
Location on List:
Part II (A) and Part III
Sponsor name and address:
3264777 Canada Inc.
79 Wellington Street West
Suite 2810
Toronto, Ontario
M5K 1J5
FAX: (416) 367-7023
19. Playboy TV
Description of Service:
Adult entertainment featuring movies, series and live events
Location on List:
Part II (B)
Sponsor name and address:
Allarcom Pay Television
(See above for address)
20. The Popcorn Channel
Description of Service:
Movie listings, previews and interviews
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
21. Prime Time 24
Description of Service:
WNBC (NBC) New York, WJLA (ABC) Washington, WRAL (CBS) Raleigh, PBS Network (National), FOX Network (National), KNBC (NBC) Los Angeles, KOMO (ABC) Seattle, KPIX (CBS) San Francisco
Location on List:
Part II (A) and Part III
Sponsors names and addresses (joint request):
CCSA
(See above for address)
Star Choice Television Network Inc.
205 St. David Street
P.O. Box 424
Lindsay, Ontario
K9V 4S5
FAX: (705) 324-7428
22. Speedvision
Description of Service:
Automotive, aviation and marine information and entertainment
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
23. Three Angels Broadcasting Network
Description of Service:
Child/family development and educational, children's programming, health, music and preaching
Location on List:
Part II (B)
Sponsor name and address:
Allarcom Pay Television
(See above for address)
24. Turner Classic Movies
Description of Service:
Movies from the 20's to 80's and specials
Location on List:
Part II (B)
Sponsor name and address:
The Family Channel
(See above for address)
25. TV Food Network
Description of Service:
Food preparation and presentation
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
26. TV Japan
Description of Service:
News, drama, variety, music, documentaries, educational and sports from Japan
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
27. TV Polonia
Description of Service:
Films, news, documentaries, children's programs and sports from Poland
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)
28.  WMNB-TV: Russian-American Broadcasting Company
Description of Service:
Russian-language series, information/news, and movies
Location on List:
Part II (A) and Part III
Sponsor name and address:
CCTA
(See above for address)

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