ARCHIVED -  Public Notice CRTC 1997-60

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Public Notice

Ottawa, 16 May 1997
Public Notice CRTC 1997-60
The Commission has received the following applications:
1.  ACROSS CANADA
Application (199703609) by EXPRESSVU INC. to amend the broadcasting licence to carry on a national direct-to-home satellite distribution undertaking by being relieved of the requirements contained in conditions of licence 4b) and c).
Condition of licence 4b) requires ExpressVu Inc. to "...delete programming received by subscribers located within the Grade B contour of a licensed Canadian television programming undertaking, where the programming distributed as part of the DTH undertaking is identical to the programming broadcast by the Canadian television programming undertaking;"
For the purposes of condition of licence 4b), the term "identical" has the same meaning as that contained in section 2 of the Cable Television Regulations, 1986;
Condition of licence 4c) requires ExpressVu Inc. to "... delete programming received by subscribers located within the Grade B contour of licensed Canadian television programming undertakings where the programming distributed as part of its service is identical (i.e. in relation to the above-mentioned programming, not less than 95 per cent of the video and audio components of those programming services, exclusive of commercial messages and any part of the services carried on a subsidiary signal are the same) to the programming broadcast by the Canadian television programming undertaking and is distributed on a non-simultaneous basis within the same broadcast week;"
For the purposes of condition of licence 4c), the term "broadcast week" means a period of seven consecutive days, beginning on Sunday.
Examination of application:
ExpressVu Inc.
155 Queen Street
Suite 200
Ottawa, Ontario
K1P 6L1
2.  ACROSS CANADA
Application (199703749) by ALPHASTAR CANADA INC. to amend the broadcasting licence to carry on a national direct-to-home satellite distribution undertaking by being relieved of the requirements contained in conditions of licence 4b)ii) and 5b).
Condition of licence 4b)ii) requires AlphaStar Canada Inc. to "... delete a programming service that is identical to that of the Canadian television programming undertaking and that is receivable by subscribers located within the grade B contour of the Canadian television programming undertaking."
For the purposes of condition of licence 4b)ii), the term "identical" has the same meaning as that set out in section 2 of the Cable Television Regulations, 1986;
Condition of licence 5b) states: "Where the licensee receives, at least seven days before the date on which the programming service is broadcast, a written request for deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall delete a programming service that is identical to that of the Canadian television programming undertaking and that is receivable by subscribers located within the grade B contour of the Canadian television programming undertaking."
For the purposes of condition of licence 5b), "identical", in respect of two or more programming services, means that not less than 95 per cent each of the video and audio components of those programming services, exclusive of commercial messages and any part of the services, carried on a subsidiary signal, are the same and are broadcast on a non-simultaneous basis within the same broadcast week; "broadcast week" means a period of seven consecutive days beginning on Sunday; "commercial message" has the same meaning as that set out in section 2 of the Cable Television Regulations, 1986.
Examination of application:
AlphaStar Canada Inc.
775 Main Street East
Milton, Ontario
L9T 3Z3
3.  ACROSS CANADA
Application (199704937) by STAR CHOICE TELEVISION NETWORK INCORPORATED to amend the broadcasting licence to carry on a national direct-to-home satellite distribution undertaking by amending condition of licence 4b)i) and by being relieved of the requirements contained in conditions of licence 4b)ii) and 5.
Condition of licence 4b)i) requires Star Choice Television Network Incorporated to "...delete a non-Canadian television programming service and substitute the identical programming service of the Canadian television programming undertaking whose signal is also distributed by the licensee, and..."
Star Choice Television Network Incorporated requests that this condition now reads: "...delete a non-Canadian television programming service and substitute the identical programming service of the Canadian television programming undertaking whose signal is also distributed by the licensee, provided that both the non-Canadian television programming service and the Canadian television programming service both originate from the same up-link centre, and..."
Condition of licence 4b)ii) requires Star Choice Television Network Incorporated to "...delete a programming service that is identical to that of the Canadian television programming undertaking and that is receivable by subscribers located within the grade B contour of the Canadian television programming undertaking..."
For the purpose of condition of licence 4b)ii), the term "identical" has the same meaning as that set out in section 2 of the Cable Television Regulations, 1986.
Condition of licence 5 states:
"5a) For the purpose of this condition, "identical", in respect of two or more programming services, means that not less than 95 per cent of the video and audio components of those programming services, exclusive of commercial messages and any part of the services carried on a subsidiary signal, are the same and are broadcast on a non-simultaneous basis within the same broadcast week; "broadcast week" means a period of seven consecutive days beginning on Sunday; "commercial message" shall have the same meaning as that set in section 2 of the Cable Television Regulations, 1986.
b) Where the licensee receives, at least seven days before the date on which the programming service is broadcast, a written request for deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall delete a programming service that is identical to that of the Canadian television programming undertaking and that is receivable by subscribers located within the grade B contour of the Canadian television programming undertaking.
c) The licensee may discontinue a deletion made pursuant to paragraph b) where the licensee verifies that the programming service in respect of which the deletion is made is not, or is no longer, identical."
Examination of application:
Star Choice Television Network Incorporated
439 University Avenue
Suite 1600
Toronto, Ontario
M5G 1Y8
PUBLIC PARTICIPATION
Intervention
PLEASE NOTE THAT AT THE PRESENT TIME THE COMMISSION CANNOT ACCEPT INTERVENTIONS SENT BY ELECTRONIC MAIL
IN ORDER TO BE 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 a proof of such sending must accompany the original 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;
·  your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, with facts and grounds therefor. In the event that the application is brought to the oral phase of a hearing it would be helpful to the Commission if you provide reasons why your written comments are not sufficient and an appearance is necessary;
Your intervention 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.
DEADLINE FOR INTERVENTION:
23 June 1997
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
Tel: (819) 997-2429 - TDD 994-0423
Telecopier: (819) 994-0218
Bank of Commerce Building
Suite 1007
1809 Barrington Street
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD 426-6997
Telecopier: (902) 426-2721
Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec H3A 3J6
Tel: (514) 283-6607 - TDD 283-8316
Telecopier: (514) 283-3689
Kensington Building
Suite 1810
275 Portage Avenue
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD 983-8274
Telecopier: (204) 983-6317
530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD 666-0778
Telecopier: (604) 666-8322
Other CRTC regional offices will also make documents available upon request by interested parties (normal delay: 48 hours).
 This document is available in alternative format upon request.
Allan J. Darling
Secretary General
AVI97-60_0
Date modified: