ARCHIVED - Public Notice CRTC 2000-173

Public Notice CRTC 2000-173

Ottawa, 14 December 2000

Call for proposals to amend the lists of eligible satellite services through the inclusion of additional non-Canadian services eligible for distribution on a digital basis only

On 24 November 2000, the Commission decided to approve the issuance of licences for new Category 1 and 2 digital Canadian specialty and pay television services. With those decisions published, the Commission is now prepared to entertain proposals to amend the Lists of eligible satellite services. This call for proposals, and the Commission’s plan for a streamlined approach to consider them, are as contemplated in Public Notice CRTC 2000-6 dated 13 January 2000 and entitled Licensing framework policy for new digital pay and specialty services.

The non-Canadian satellite services that broadcasting distribution undertakings are authorised to distribute are identified in the Lists of eligible satellite services (the lists). There are currently three lists of non-Canadian satellite services, one for Class 1 and Class 2 undertakings, another for Class 3 undertakings, and a third list for direct-to-home (DTH) undertakings.

In this notice, the Commission invites proposals to amend the lists through the inclusion of additional non-Canadian programming services that would be authorized for distribution on a digital basis only. In the circumstances, the Commission considers that any such additional services could be placed on a separate, new list that would be applicable to all distribution undertakings, including Class 1, Class 2 and Class 3 cable undertakings, all DTH undertakings and all multipoint distribution (MDS) undertakings.

Role of non-Canadian French-language services

In Notice of Public Hearing CRTC 2000-5 pertaining to the applications for new digital pay and specialty services, the Commission announced that it wished to explore the role that non-Canadian French-language services could play in increasing the availability and diversity of French-language programming in Canada.

Pay and specialty applicants who addressed this matter indicated that they would not oppose the addition of non-Canadian French-language services, provided the Commission evaluated them according to the existing policy on the carriage of non-Canadian services.

As noted in Public Notice CRTC 2000-171 issued today, the Commission has considered all of the information filed as part of the public process, and has decided to maintain its approach, as outlined below, with respect to the addition of non-Canadian services to the lists of eligible satellite services, regardless of the language of the service.

Who may submit proposals, and what form should they take

The Commission is prepared to consider proposals that are submitted by a Canadian sponsor. Sponsors could include licensees of broadcasting distribution undertakings, licensees of pay television or specialty services undertakings, and such organizations as the Canadian Cable Television Association.

The Commission will consider proposals for additional non-Canadian programming services, regardless of their language of operation.

Consistent with the requirements stipulated by the Commission in the context of earlier calls for proposals to amend the lists, proposals filed with the Commission in response to this notice must include the following:

• evidence that the non-Canadian service has agreed to be sponsored by the Canadian party filing the proposal;

• a statement from the service provider that it has obtained all necessary rights for distribution of its programming in Canada;

• a brief description of the service;

• a copy of the current program schedule;

• evidence of potential demand, as gathered through discussions with distributors; and

• an undertaking from the non-Canadian service provider that it does not hold, will not obtain, nor will it exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada. For example, the provider of a non-Canadian service would have to satisfy the Commission that it does not currently, nor will it in future, deal in rights to programming in a manner that unduly precludes a Canadian programming undertaking from acquiring that programming.

All proposals for the inclusion of a service on the new list will be assessed in the context of the Commission’s policy that generally precludes the addition of new non-Canadian satellite services if the Commission determines them to be either totally or partially competitive with Canadian specialty or pay television services.

In applying this policy, the Commission will take into account the services of all specialty and pay television programming undertakings whose licence applications have, to date, been approved by the Commission. These include all of the Category 1 and Category 2 specialty programming services approved in Decisions CRTC 2000-449 to 2000-731.

Public process

All proposals filed in response to this notice should be addressed to the Secretary General, CRTC, Ottawa, Ontario, KlA ON2 and should be received no later than Friday, 12 January 2001.

The Commission intends, on or about 26 January 2001, to issue a public notice that will provide a list of the proposals received, and invite comments from interested parties on the specific services that have been proposed.

Parties wishing to file comments on the specific services that have been proposed will be required to do so by 23 February 2001.

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