ARCHIVED -  Decision CRTC 99-212

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    Ottawa, 12 August 1999

    Decision CRTC 99-212

    Viewer's Choice Canada Inc.

    Across Canada - 199813275

    Application processed by
    Public Notice CRTC 1999-92
    dated 27 May 1999

    Deletion of the condition of licence regarding the purchase of non-proprietary exhibition rights for feature films from Canadian distributors

    1.  The Commission approves the application by Viewer's Choice Canada Inc. to amend the licence for the national, digital, English-language video-on-demand (VOD) programming undertaking, by removing the following condition of licence:

     9. The licensee shall purchase non-proprietary exhibition rights for feature films from Canadian distributors. This includes any production other than the exceptions specified in Investment Canada's current policy which defines proprietary rights as those where the world-wide distribution rights to the program are owned by the licensor, or where the licensor has provided not less than one-half of the cost of the creation of the film.

    2.  The licensee stated that this condition is a serious obstacle to the acquisition of feature films for its VOD service, which represent the core of its programming. The Commission considers that a limited number of films would be affected by this condition of licence and the impact of its removal would be minimal. Given all of these factors, the Commission is of the view that approval of this application serves the public interest.

    3.  In the case of films for which a Canadian distributor has acquired proprietary rights, the Commission expects the licensee to continue to purchase them from Canadian distributors.

    This  decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:

    Secretary General

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