ARCHIVED - Decision CRTC 2000-332

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Decision CRTC 2000-332
Ottawa, 16 August 2000
Maritime Tel & Tel Limited
Halifax Regional Municipality (Halifax, Dartmouth, Bedford and Sackville), Nova Scotia – 199918223
27 June 2000 Public Hearing
in Montréal
New cable distribution undertaking


The Commission approves the application by Maritime Tel & Tel Limited for a licence to carry on a cable distribution undertaking to serve the Halifax Regional Municipality (Halifax, Dartmouth, Bedford and Sackville). Subject to the requirements of this decision, the Commission will issue a Class 1 licence expiring 31 August 2006.


The operation of this undertaking will be regulated pursuant to the Broadcasting Distribution Regulations (the regulations) and the licence will be subject to the conditions specified in this decision and in the licence to be issued.


In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, CFTM-TV (TVA), CFJP-TV (TQS) Montréal, TVOntario (TFO) and Télé-Québec (STQ), as part of the basic service.


The licensee is also authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), provided that it is distributed on an unrestricted channel of the basic service.


Further, the licensee is authorized, by condition of licence, to distribute, at its option, WCVB-TV (ABC), WHDH-TV (NBC), WBZ-TV (CBS), WGBH-TV (PBS) Boston, Massachusetts and WUHF-TV (FOX) Rochester, New York, as part of the basic service. The Commission notes that the licensee will receive the above-noted signals via satellite.


The licensee may receive any authorized signal over the air, or from any licensed or exempted Canadian broadcasting distribution undertaking authorized to provide signals to other broadcasting distribution undertakings.


Under the regulations, licensees of all terrestrial broadcasting distribution undertakings, other than Class 3 systems, must contribute at least 5% of annual gross revenues derived from their broadcasting activities to the creation and presentation of Canadian programming. The licensee intends to offer its broadcasting services bundled with other services. This raises the issue of what method should be used to calculate gross revenues for the purposes of determining the 5% contribution.


The Commission expects the licensee to calculate its required contribution to Canadian programming based on the gross revenues derived from its broadcasting activities, by ascribing, to the portion of these gross revenues that consists of payment for a broadcasting service distributed within a bundled package, a dollar value equal to that which would be earned from subscribers, if the service was taken on a stand-alone, list price basis. The licensee shall accord similar treatment for broadcasting services offered on a free or discounted basis, whether bundled or not.


The licensee confirmed that it would comply with all the regulatory requirements regarding bundling of telecommunications and broadcasting services. The Commission expects the licensee to abide by these requirements and to include, in its competitive segment, all costs associated with deployment of competitive broadband infrastructure and revenues related to its broadcasting distribution undertaking activities.


It is a condition of licence that, for community programming and any other programming of a service that it originates, the licensee adhere to the guidelines on the depiction of violence in television programming set out in the Canadian Association of Broadcasters’ Voluntary code regarding violence in television programming, as amended from time to time and approved by the Commission.


The licence will only be issued and effective when the undertaking is ready to begin operation. When the licensee has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the undertaking is not constructed and ready to operate within 12 months of today’s date, extensions to this time frame may be granted provided that the licensee applies in writing to the Commission before the 12-month period or any extension of that period expires.


The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada.


The Commission acknowledges the two interventions submitted in support of this application.

Secretary General

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:
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