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ARCHIVED - Public Notice CRTC 2000-142

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Public Notice CRTC 2000-142
Ottawa, 6 October 2000
Amendments to section 10 of the Broadcasting Distribution Regulations for the purpose of implementing a revised policy on access to inside wire

1.

The Commission hereby announces that it has made amendments to section 10 of the Broadcasting Distribution Regulations thereby giving effect to its revised policy concerning access to inside wire announced in Public Notice CRTC 2000-81 dated 9 June 2000.

2.

The amendments, adopted as originally proposed by the Commission in its June 2000 notice, were made on 15 September 2000 and came into force upon their registration with the Clerk of the Privy Council on 18 September 2000 (SOR/2000-356). They were published in the Canada Gazette, Part II on 27 September 2000. A copy of the amendments is appended to this notice.

3.

In its call for comments on the proposed amendments, the Commission had set a deadline of 10 July 2000 for the receipt of submissions. The Commission, in Public Notice CRTC 2000-81-1 dated 17 July 2000, subsequently extended this deadline to 21 August 2000. The Commission acknowledges the comments contained in the 18 submissions filed in response to the call. It notes, however, that relatively few of the parties commented on the specific wording of the proposed amendments. Rather, many parties addressed their comments to the revised policy concerning inside wire, as announced in PN 2000-81. The Commission nonetheless thanks all parties for their interest.

4.

With respect to the specific wording of the amendment, the CCTA submitted that the proposed amendment appears to require a licensee to respond to a request by any third party for the use of the inside wire, regardless of whether or not the third party is acting on behalf of the subscriber. The CCTA submitted that the wording be revised to clarify that a request under section 10(1) must be made by a subscriber, or an agent acting on behalf of the subscriber, for the provision of service.

5.

The Commission is of the view that such an amendment is not necessary. It can be expected that a third party seeking to use the inside wire would do so for the purpose of providing services to subscribers.

6.

Certain parties also suggested that section 10 of the regulations should stipulate that, in single unit dwellings, there would be no charge for use of the inside wire and, in multiple unit dwellings, there would be no charge for use of inside wire more than five years old.

7.

The Commission considers these proposed amendments to be unnecessary. In PN 2000-81, the Commission noted that the cable industry has generally advocated a charge only for wiring in multi-unit dwellings and only for wiring that is less than five years old. Accordingly, in that notice, the Commission requested that the CISC cable working group meet to develop an appropriate rate for such wiring, and that the rate be put in place within two months of the coming into effect of the regulatory amendment. Alternatively, if consensus was not reached within that period, the Commission indicated that the CISC should submit any dispute to the Commission for resolution.

8.

Persons wishing to participate in the working group or who otherwise wish to receive the documentation relating to the work of the group must notify the Commission of their interest within 10 days of the date of this Public Notice. They may do so by writing to the Secretary General, CRTC, Ottawa, Ontario K1A 0N2. Alternatively, they may FAX the Commission at (819) 953-0795 or contact the Commission by email at procedure@crtc.gc.ca.  The Commission will issue a list of interested parties at a later date.
Secretary General
This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca

SOR/2000-356

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENT

1. Section 10 of the Broadcasting Distribution Regulations1 and the heading before it are replaced by the following:

Inside Wire

10. (1) A licensee that owns an inside wire shall, on request, permit the inside wire to be used by a subscriber, by another licensee, or by a broadcasting undertaking in respect of which an exemption has been granted, by order under subsection 9(4) of the Act, from the requirement to obtain a licence.
(2) The licensee that owns an inside wire may charge a just and reasonable fee for the use of the wire.
(3) The licensee that owns an inside wire must not remove it from a building if a request for the use of the wire has been made and is pending under subsection (1), or while the wire is being used in accordance with that subsection.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.
_______________________

1 SOR/97-555

 

 

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