ARCHIVED - Decision CRTC 2000-273
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Decision CRTC 2000-273 |
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| Ottawa, 26 July 2000 | |
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Novus Entertainment (B.C.) Inc. Vancouver (part of), British Columbia – 200002212 |
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Application processed by Public Notice CRTC 2000-62 dated 10 May 2000 |
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| Change to licensed service area | |
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The Commission approves the application to change the licensed area for the cable distribution undertaking serving part of Vancouver (Concord Pacific Place) to include the Greater Vancouver Regional District. |
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Novus Entertainment (B.C.) Inc., formerly Pacific Place Cable Ltd., carries on the cable system licensed in Decision CRTC 96-224 to serve Concord Pacific Place, a condominium and apartment complex on the north shore of False Creek in Vancouver. This development falls within the territory served by a Class 1 cable distribution undertaking operated by Rogers Cable Inc. |
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Rogers submitted an intervention to this application which, while not opposing the proposal, expressed concern that Novus would enter into exclusive agreements with building owners throughout the greater Vancouver region to serve their multiple-unit dwellings. Rogers argued that, if the Commission were to approve this application, it should prohibit Novus from entering into such agreements. |
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In 1998, Rogers filed a complaint with the Commission alleging that Pacific Place Cable had contracted an exclusive agreement with the owner to supply cable television services to the Europa, a multiple-unit dwelling building located at the Concord Pacific site. Rogers argued that the agreement constituted an undue preference contrary to section 9 of the Broadcasting Distribution Regulations. |
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In a decision letter dated 7 April 2000, the Commission, noting the special circumstances of this case, denied Rogers' complaint. At the time of licensing the cable system, the Commission had permitted this exclusive agreement to allow Pacific Place Cable to recover its costs. The Commission expected that, once the agreement expired in May 2003, there would be competitive access to the Europa. |
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In response to Rogers' intervention to the present application, Novus stated that there has been competitive access to the Europa since January 2000. Novus further indicated that the"special circumstances" exception established in the Commission's ruling of 7 April 2000 is "no longer relevant or necessary." |
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Novus affirmed that it will abide by the undue preference provision of the regulations throughout its service area.It, nevertheless, maintained that the prohibition proposed by Rogers would be anti-competitive and could hinder Novus' dealings with financial institutions and potential investors. |
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The Commission considers that a prohibition against exclusive agreements regarding access is not warranted in this case. It is satisfied with Novus' commitment to respect the regulations' directions regarding undue preference. |
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The Commission acknowledges the two other interventions submitted in support of this application stating that the expansion of Novus' cable system will increase consumer choice and competition in the Vancouver region. |
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Secretary General |
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca |
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