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Public Notice
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Ottawa, 19 May 1998 |
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Public Notice CRTC 1998-52 |
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Canadian Television Policy Review - Call for Comments
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The Commission has received the following
applications: |
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WESTERN CANADA AND TERRITORIES REGION |
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1. COMMUNITY OF LAKE BONAVISTA, A
SUBDIVISION OF CALGARY AND THE COMMUNITIES OF GREENFIELD AND RHATIGAN RIDGE,
SUBDIVISIONS OF EDMONTON, Alberta |
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Applications (199800917, 199800925) by TELUS
MULTIMEDIA, operating as a division of TELUS Cable Holdings Inc., to amend
its broadcasting undertaking licences to suspend the application of
conditions of licences 1b) and 9, until such time as digital boxes are
deployed. With these amendments, the licensee would be authorized to continue
the operation of these field trials on an analog basis and would be required
to abide by the Distribution and Linkage Rules until the set-top boxes are
available and have been distributed. |
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Condition of licence 9 specifies that: |
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"9. The licensee shall not deliver a
broadcasting service to trial participants in an analog transmission format,
unless they first subscribe to a broadcasting service delivered in a digital
transmission format." |
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Condition of licence 1b) specifies that: |
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"1. a) Except as provided below, for the purpose
of the Cable Television Regulations, 1986 (the regulations), as amended from
time to time, the licensee is deemed to be a Class 1 licensee; |
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b) subsection 10(2) and sections 17
and 18 of the regulations shall not apply to the licensee; and..." |
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The Commission notes that the Cable
Television Regulations, 1986 were repealed on 1 January 1998 and were
replaced by the Broadcasting Distribution Regulations. Subsection
10(2) and sections 17 and 18 of the Cable Television Regulations, 1986
have generally been replaced by subsection 20(1) and sections 48 and 49 of
the Broadcasting Distribution Regulations. |
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Background: |
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Further to complaints received from Shaw
Communications and Videotron Communications Ltd., and based on the
information provided by TELUS, the Commission, in a letter dated 24 December
1997, directed TELUS to immediately comply with condition of licence 9 or to
cease and desist its operations until ti is in full compliance. The
Commission also required TELUS to report back, within ten (10) days, as to
the actions it has taken to comply with this direction. |
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On 31 December 1997, TELUS submitted that it is
in the public interest to continue with the field trial and committed to
adhere to the distribution and linkage rules until digital service is
provided and to keep the Commission fully informed of all dealings with its
set-top box vendor and its anticipated roll-out schedule for digital service.
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In a letter dated 27 January 1998, the
Commission indicated that it considered that TELUS' response did not provide
satisfactory evidence of the company's compliance with the Commission's
direction of 24 December 1997. The Commission required TELUS to report back,
within seven (7) days, with evidence of the company's compliance with the
Commission's direction. The Commission indicated that failing such response,
it intended to initiate a mandatory order hearing pursuant to section 12 of
the Broadcasting Act. TELUS responded by filing the above noted
applications, in order to bring itself into compliance in respect to its 991
current subscribers. |
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Examination of applications: |
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TELUS Multimedia
Main Floor
10020 - 100 Street North West
Edmonton, Alberta
T5J 0N5 |
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Main Floor
411 - 1 Street South East
Calgary, Alberta |
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PUBLIC PARTICIPATION |
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Intervention |
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PLEASE NOTE THAT AT THE PRESENT TIME THE
COMMISSION CANNOT ACCEPT INTERVENTIONS SENT BY ELECTRONIC MAIL. |
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IN ORDER TO BE CONSIDERED BY THE COMMISSION
AND PLACED ON THE PUBLIC FILE, |
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- 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; |
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- 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; |
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- 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 would provide reasons
why your written comments are not sufficient and an appearance is necessary;
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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. |
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DEADLINE FOR INTERVENTION: |
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25 June 1998 |
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EXAMINATION OF DOCUMENTS
DURING NORMAL OFFICE HOURS |
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Documents are available:
- at the local address provided in this notice; and
- at the following Commission offices: |
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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 |
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530 - 580 Hornby Street
Vancouver, British Columbia
V6C 3B6
Tel: (604) 666-2111 - TDD 666-0778
Telecopier: (604) 666-8322 |
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Other CRTC regional offices will also make
documents available upon request by interested parties (normal delay: 48
hours) |
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This document is available in alternative
format upon request. |
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Laura M. Talbot-Allan
Secretary General |