ARCHIVED -  Decision CRTC 98-271

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Ottawa, 10 August 1998
Decision CRTC 98-271
Star Choice Television Network Incorporated
Across Canada - 199715710
Application to insert certain promotional material in the local availabilities of U.S. satellite services
1. Following Public Notice CRTC 1998-2 dated 23 January 1998, the Commission approves the application by Star Choice Television Network Incorporated (Star Choice) for authority to alter the signal of U.S. satellite services for the insertion of promotional material in the local availabilities of those services, by adding the following condition of licence:
The licensee may, at its option, insert certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the commercial availabilities may be made available for the promotion of discretionary programming services and packages, customer service information and channel realignments.
2. This amendment is consistent with the approach taken by the Commission in Decision CRTC 95-12 dated 18 January 1995, Decision CRTC 95-501 dated 28 July 1995, and Decision CRTC 97-667 dated 4 December 1997.
3. Interventions with respect to this application were submitted by Canadian Satellite Communications Inc. (Cancom), Global Television Network (Global) and the Specialty and Premium Television Association (SPTV).
4. While all three interveners supported approval of the application in principle, Global and the SPTV suggested that it should be clear that no charge for the insertion of promotional material should be made to programming undertakings. Cancom suggested that the Commission specify that the non-Canadian satellite services referred to in the condition do not include the U.S. 4+1 signals.
5. In its reply to the interventions, Star Choice noted that the Commission has not previously prohibited a DTH distributor from charging a fee for the insertion of promotional material, and that it is reasonable to recover costs from the programming licensees who are the beneficiaries of additional exposure.
6. With respect to the U.S. 4+1 signals, Star Choice noted that its reference to non-Canadian satellite services in its application includes only authorized U.S. superstations and specialty service signals.
7. The Commission has considered the views of the applicant and those of the interveners. The Commission notes that the approval granted herein is consistent with that accorded other licensees under similar circumstances, and considers it appropriate that the same opportunities granted to those licensees be extended to Star Choice. In light of this, the Commission is also of the view that Star Choice should not be prohibited from charging for the insertions.
8. The Commission reminds the licensee that it is not prepared to consider applications to use such availabilities for the broadcast of commercial advertising.
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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