ARCHIVED - Decision CRTC 2000-49

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Decision CRTC 2000-49

Ottawa, 17 February 2000
Canadian Satellite Communications Inc.
Across Canada - 199906773
Application processed by
Public Notice CRTC 1999-78
dated 6 May 1999

Summary

Canadian Satellite Communications Inc. (Cancom) is required, by condition of licence, to distribute all conventional, Canadian French-language services that purchase national program rights. The Commission approves Cancom's application to be relieved of this requirement in the case of CFTM-TV (TVA) Montréal.
The Commission is satisfied that its policy objective of supporting national distribution of licensed French-language television services can be effectively achieved through the distribution of TVA as part of the basic service of all Class 1, Class 2, and direct-to-home (DTH) broadcasting distribution undertakings as required by Distribution Order 1999-1. The Commission notes that TVA has now arranged for its national distribution by Bell ExpressVu Limited Partnership (Bell ExpressVu). Accordingly, the Commission considers that it is no longer necessary for Cancom to distribute TVA.

Background

1. Cancom is the licensee of a national satellite relay distribution undertaking (SRDU). In Public Notice CRTC 1998-60, the Commission set out its policy framework for SRDUs. The policy requires SRDUs to distribute nationally all conventional, Canadian, French-language television services that purchase national program rights, except for the CBC's French-language television network which is already generally available to broadcasting distribution undertakings (BDUs) via satellite. The Commission established this requirement in order to support the national distribution of Canadian, French-language services and imposed it, by condition of licence, on Cancom in its latest licence renewal decision (Decision CRTC 98-171).
2. At present, TVA is the only Canadian, French-language conventional television service, other than the CBC, that purchases national distribution rights. Accordingly, Cancom currently distributes CFTM-TV Montréal, TVA's flagship station.
3. In Distribution Order 1999-1 (the Order), the Commission ordered Class 1 and Class 2 broadcasting distribution undertakings as well as DTH distribution undertakings to distribute CFTM-TV, or one of its TVA affiliates, as part of the basic service. The Order stipulates that TVA must pay for the satellite uplink and transponder costs related to transmission of its service (the Order was appended to Public Notice CRTC 1999-27). TVA has arranged to have its signal distributed nationally by Bell ExpressVu.

The application

4. The applicant argued that, since TVA is now distributed throughout Canada by Bell ExpressVu and is available free of charge to all distribution undertakings, fewer customers wish to purchase the signal from Cancom. It claimed that it would experience revenue losses if it continued delivering TVA. The applicant did state, however, that it would respect its contractual obligations to offer TVA to distribution undertakings wanting to continue receiving CFTM-TV from Cancom.
5. TVA will also be available from the new company that will be created following the merger of Cancom and Star Choice approved in Decision CRTC 99-169. The amalgamated company plans to integrate the technology used for delivering the SRDU services offered by both Cancom and Star Choice as well as the DTH service provided by Star Choice. A condition of licence set out in Decision CRTC 98-172 requires Star Choice to deliver TVA on its SRDU. Distribution Order 1999-1 requires it to offer TVA on its DTH undertaking.

The Commission's findings

6. In evaluating this application, the Commission has examined the impact that approval might have on Class 3 distribution undertakings. Those undertakings currently receiving TVA from Cancom might incur expenses to change their technology in order to receive the signal from either Bell ExpressVu or Star Choice.
7. The Commission considers that the costs to smaller undertakings would be reduced because:

. once the licensee of a distribution undertaking has purchased the necessary hardware, it can receive the signal free;

. TVA has made a commitment to give decoders to small undertakings distributing its signal (see Public Notice CRTC 1998-115);

. Cancom has made a commitment that when, and if, it offers CFTM-TV only through Star Choice, Cancom will help customers to change their equipment by contributing to the costs of replacing receiver-decoders.

8. The Commission is satisfied that its policy objective of supporting national distribution of French-language programming can be effectively achieved by its requirement that Class 1, Class 2 and DTH distribution undertakings distribute TVA as part of the basic service. Since the Commission requires TVA to pay distribution costs associated with its service, the signal is being provided to all BDUs free. It is also distributed, nationally, by Bell ExpressVu. In the Commission's view, it is no longer necessary to require Cancom to distribute TVA. Accordingly, the Commission approves the application.
9. The Commission notes that the applicant will continue to distribute TVA to distribution undertakings that want to receive CFTM-TV from Cancom. TVA will also still be available through the new company that will be created following the merger of Cancom and Star Choice through the latter's SRDU and DTH operations.
10. This approval only relieves Cancom of the requirement to distribute TVA. Cancom must still distribute any other Canadian, French-language service that purchases national distribution rights. While Cancom is no longer required to distribute TVA, it continues to have the option of distributing this signal.
11. The Commission notes that there were no interventions to this application.

Related CRTC documents

. Distribution Order 1999-1 (appended to Public Notice CRTC 1999-27) - Order respecting the distribution of the French-language television service of TVA Group Inc.

. Public Notice CRTC 1998-115 - Call for comments on a proposed Order respecting the distribution of the French-language service of TVA Group Inc.

. Public Notice CRTC 1998-60 - A policy framework for the introduction of competition to the satellite relay distribution industry

. Decision CRTC 99-169 - Amalgamation of Cancom and Star Choice

. Decision CRTC 98-172 - Approval of Star Choice's new national satellite relay distribution undertaking

. Decision CRTC 98-171 - Licence renewal for the national satellite relay distribution undertaking carried on by Cancom

Secretary General
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: www.crtc.gc.ca 
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