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ARCHIVED - Public Notice CRTC 2000-25

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Public Notice CRTC 2000-25

Ottawa, 10 February 2000
The Commission has received three applications by Canal Indigo to modify the condition of licence of their cable pay-per-view television undertaking, direct-to-home pay-per-view and video-on-demand undertaking. The licensee proposes to amend the current condition of licence by changing the contribution to Canadian programming from 10% to 5% of the annual gross revenues earned, for the remainder of its licence term.
In Decision CRTC 2000-5, the Commission approved the transfer of effective control and ownership of broadcasting undertakings from Radiomutuel to Astral Communications inc. As a result of this transaction, Astral as direct and indirect interest in 9 of the 15 French-language specialty services. In addition, through its 50% interest in Viewer’s Choice, Astral has interest in Canal Indigo (pay-per-view, direct-to-home and video on demand).
The parties may wish to comment on the modifications proposed by the licensee for the following applications in light of Astral’s position in the market:
1. ACROSS CANADA
Application (199911110) by CANAL INDIGO S.E.N.C., licensee of a national, French-language, pay-per-view television programming undertaking.
This application proposes to amend the current condition of licence by changing the contribution to Canadian programming from 10% to 5% of the annual gross revenues earned, for the remainder of its licence term.
The current condition of licence (No. 5) reads as follows:
"The licensee is required, over the licence term, to invest at least 10% of its gross revenues in the production of Canadian feature films and Canadian events. These investments are in addition to the commitment made by the licensee to promote these feature films and events. For the period from the commencement of operation of the service to 31 August 1996, the licensee shall contribute at least 10% of its current year's gross revenues and for the subsequent years at least 10% of its previous year's gross revenues. This contribution shall be remitted to a fund which shall be administered independently from the licensee."
2. ACROSS CANADA
Application (199911128) by CANAL INDIGO S.E.N.C., licensee of a national, French-language, direct-to-home (DTH) pay-per-view television programming undertaking.
This application proposes to amend the current condition of licence by changing the contribution to Canadian programming from 10% to 5% of the annual gross revenues earned, for the remainder of its licence term.
The current condition of licence (No. 8) reads as follows:
"The licensee is required to contribute a minimum of 10% of the annual gross revenues earned by its DTH pay-per-view programming undertaking to an existing Canadian program production fund administered independently of the undertaking. The licensee is also required to report to the Commission, before the service commences operations, identifying the name of the existing fund to which it will remit its contributions. The licensee is further required to remit its first contribution no later than 45 days following the end of the month in which it commences operations; contributions thereafter shall take the form of monthly installments remitted within 45 days of month's end and representing a minimum of 10% of that month's gross revenues."
3. ACROSS CANADA
Application (199911136) by CANAL INDIGO S.E.N.C., licensee of a national, digital, French-language video-on-demand (VOD) programming undertaking.
This application proposes to amend the current condition of licence by changing the contribution to Canadian programming from 10% to 5% of the annual gross revenues earned, for the remainder of its licence term.
The current condition of licence (No. 5) reads as follows:
"The licensee shall contribute to The Harold Greenberg Fund / Le Fonds Harold Greenberg, for equity investment in Canadian films, a minimum of 10% of the gross annual revenues earned by its VOD programming. The licensee is required to remit its first contribution no later than 45 days following the end of the month in which it commences operations. Contributions made thereafter shall take the form of monthly instalments to be remitted within 45 days of month's end and representing a minimum of 10% of that month's gross revenue."
Examination of applications:
Canal Indigo
2100 Ste-Catherine Street West
Suite 900
Montréal, Quebec
H3H 2T3
PUBLIC PARTICIPATION / PARTICIPATION DU PUBLIC

Intervention
IN ORDER TO BE CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,

- submit your original written intervention to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2). A true copy MUST be sent to the applicant and proof that this has been done must accompany the original intervention sent to the Commission.
Please note that you may also file your interventions by Electronic Mail

- the intervention may be filed with the Commission by electronic mail at the following e-mail address: procedure@crtc.gc.ca and should indicate if a true copy has been sent to the applicant. Each paragraph of the document should be numbered. In addition, as an indication that the document has not been damaged during electronic transmission, the line ***End of document*** should be entered following the last paragraph of each document. However, your intervention and the proof of service to the applicant will also have to be filed in hard copy;

- please note, that only the documents (applications and interventions) electronically filed will be available on the Commission’s web site. You will be able to access these documents by indicating the public notice or the notice of public hearing number;

- the intervention must be received by the CRTC and by the applicant ON OR BEFORE the deadline date indicated below. The Commission cannot be held responsible for postal delays;

- your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds therefor. In the event that the application is brought to the oral phase of the hearing it would be helpful to the Commission if you provide reasons why your written comments are not sufficient and an appearance is necessary;
Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out above has been followed. You will be contacted only if your submission raises procedural questions.

DEADLINE FOR INTERVENTION:

16 March 2000
EXAMINATION OF DOCUMENTS
DURING NORMAL OFFICE HOURS
Documents are available at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within a 48 hour delay, at any other CRTC offices and documentation centres.
Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Ground Floor
Hull, Quebec K1A 0N2
Tels: (819) 997-2429 - TDD 994-0423
Telecopier: (819) 994-0218
Bank of Commerce Building
Suite 1007
1809 Barrington Street
Halifax, Nova Scotia B3J 3K8
Tels: (902) 426-7997 - TDD 426-6997
Telecopier: (902) 426-2721
Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tels: (204) 983-6306 - TDD 983-8274
Telecopier: (204) 983-6317
530 - 580 Hornby Street
Vancouver, British Columbia
V6C 3B6
Tels: (604) 666-2111 - TDD 666-0778
Telecopier: (604) 666-8322
C.R.T.C. Documentation Centre
405 De Maisonneuve Boulevard East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tels: (514) 283-6607 - TDD 283-8316
Telecopier: (514) 283-3689
C.R.T.C. Documentation Centre
55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Telephone: (416) 952-9096
Telecopier: (416) 954-6343
C.R.T.C. Documentation Centre
Room 103
Cornwall Professional Building
2125, 11th Avenue
Regina, Saskatchewan
S4P 3X3
Telephone: (306) 780-3422
Telecopier: (306) 780-3319
C.R.T.C. Documentation Centre
Scotia Place Tower Two
19th Floor, Suite 1909
10060 Jasper Avenue
Edmonton, Alberta
T5J 3R8
Telephone: (780) 495-3224
Telecopier: (780) 495-3214
Secretary General
This document is available in alternative format upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca
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