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ARCHIVED - Public Notice CRTC 2000-72

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Public Notice CRTC 2000-72

Ottawa, 31 May 2000
Clarification of the "first come, first served" policy for exempt programming services
The Commission clarifies its "first come, first served" policy for the carriage of services of exempt programming undertakings by distribution undertakings under its Access Rules. The Commission requires distribution undertakings to advise operators of exempt undertakings in writing as to their place in line for distribution, and to distribute a service that is first in line within three months of receiving a request for distribution.

1.

In Public Notice CRTC 1996-60, dated 26 April 1996 Access Rules for Broadcasting Distribution Undertakings, the Commission indicated that broadcasting distribution undertakings (BDUs) should select the services of exempt programming undertakings that they will distribute using a "first come, first served" approach. The "first come, first served" policy applies in cases where the distributor, or similar type of entity, has an ownership interest in an exempt service that it distributes.

2.

The Commission has received three complaints by Torstar Corporation (Torstar) regarding its attempts to gain access for the programming services of its exempt programming undertaking on three distribution undertakings. Two of these complaints, regarding the activities of Cogeco Cable Inc. and Western Co-Axial Limited (now called Cableworks Communications Inc.), involve the application of the "first come, first served" policy. While the Commission has determined (in letter decisions issued separately today) that the distribution undertakings in question have not breached the relevant policies or regulations, the Commission is of the view that a clarification of its "first come, first served" policy is required. The Commission wishes to ensure that exempt programming undertakings are able to obtain a clear understanding as to their place in line from a distributor and that services are distributed in a timely fashion.

3.

Accordingly, effective immediately, under the "first come, first served" policy, a BDU must advise the operator of the exempt undertaking, in writing, as to the place that its service holds in line for distribution on a "first come, first served" basis. This information must be provided immediately upon receiving a request from the operator for access. Distributors must also immediately advise all exempt programming services that are in line of any changes to entitlement under this policy.

4.

Further, BDUs are required to distribute the exempt service that is first in line within three months of receiving such a request for access.

5.

In the event that an exempt service enjoying first in line status is not ready to launch within three months, the service that is second in line becomes first in line. The distributor must launch this service within three months.
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.
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