ARCHIVED - Public Notice CRTC 2001-82
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Public Notice CRTC 2001-82 |
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See also: 2001-82-1 Ottawa, 13 July 2001 |
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Revised lists of eligible satellite services |
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In this notice, the Commission sets out revised lists of eligible satellite services. The lists replace those contained in Public Notice CRTC 2000-143 dated 18 October 2000. The principal change is the inclusion of a new list, in Appendix D, entitled List of Part 2, Part 3 and DTH eligible satellite services for digital distribution. All of the services appearing on this new list are non-Canadian, and may be distributed to subscribers on a digital basis only. One further change is the removal from the Part 2, Part 3 and DTH lists of the U.S. service known as TV Food Network. This service is displaced from the lists as a consequence of the licensing of the Canadian specialty service Food Network Canada. |
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1. |
In Public Notice CRTC 2001-33 dated 2 March 2001, the Commission called for comments on requests by Canadian sponsors for the addition of non-Canadian satellite services to a digital list of eligible satellite services. In response to this notice, the Commission received over 9,000 comments and 2 petitions containing more than 16,000 signatures. The Commission thanks all of the parties who submitted comments in this process. |
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Requests for a delay in adding new foreign services |
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2. |
A number of broadcasters or their associates suggested in their comments that no new non-Canadian services should be authorized for distribution until the new Canadian Category 1 and Category 2 programming services have had an opportunity to launch. They argued that the new Canadian digital services should first be given every chance to succeed. |
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3. |
After reviewing these comments and the replies filed by the Canadian sponsors of the non-Canadian services, the Commission has decided to authorize the carriage of each sponsored service where it is satisfied that the proposed service is not competitive, either in whole or in part, with a Canadian programming service. It has placed these on a list of services that are authorized for digital distribution only (the digital list; see Appendix D). The Commission expects distributors to await the launch of the new Category 1 services in the Fall of 2001 before making these new non-Canadian services available to their subscribers. |
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Services added to the digital list |
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4. |
The Commission has carefully reviewed the requests filed by sponsors, the comments of interested parties and the sponsors’ replies thereto. Based on this review, it has decided to add the following non-Canadian services to the digital list. Their distribution will be subject to the requirements described below and set out in Appendix D. |
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BVN-TV |
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Discovery Wings |
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Eternal Word Television Network |
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EuroNews |
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Eurosportnews |
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KTO |
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Muslim Television Ahmadiyya |
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Muzzik* |
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Network TEN (Australia) |
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Oxygen Network |
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Paris-Première |
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Planète |
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RTV Palma |
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The Scandinavian Channel |
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Tropic |
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TV Land |
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TV3 Republic of Ireland |
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TV3 Television Network (New Zealand) |
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TV4 Television Network (New Zealand) |
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* Inclusion of this service on the list is by majority vote |
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Programming rights |
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5. |
In Public Notice CRTC 2000-173 dated 14 December 2000, the Commission required that proposals filed by Canadian sponsors include, among other things: |
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· a statement from the service provider that it has obtained all necessary rights for distribution of its programming in Canada; and |
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| · a statement from the non-Canadian service provider that it does not hold, will not obtain, and will not exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada. | |
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6. |
All providers of the sponsored non-Canadian services have submitted such statements. Considering the potential harm that could arise should a foreign service not meet the aforementioned commitments, the Commission, in Appendix D, has added adherence to them as a condition that must be met at all times if a foreign service is to be added and retained on the digital list. Should a non-Canadian service provider be found in breach of either of the two conditions, the Commission may withdraw the foreign service from the list. |
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7. |
The Commission notes that foreign services that are on the list in Appendix D are eligible for distribution, on a digital basis only, by all distributors, including licensees of cable distribution undertakings and multipoint distribution systems, as well as those of direct-to-home satellite distribution undertakings. |
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8. |
Further, in response to requests from the broadcasting industry, the Commission clarifies that foreign services previously authorized for distribution on an analog basis may also be distributed as part of the digital offering of a distribution undertaking. However, the new non-Canadian services authorized for distribution in Appendix D may only be distributed on a digital basis. |
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Single or limited point-of-view foreign religious services |
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9. |
In Public Notice CRTC 2001-33 dated 2 March 2001, the Commission stated that non-Canadian satellite services that provide single or limited point-of-view religious programming may only be linked, or "packaged", with Canadian single or limited point-of-view discretionary religious services. |
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10. |
In its comments, Vision TV requested that the Commission amend the aforementioned linkage requirement for single-faith or limited point-of-view religious services. Specifically, Vision TV noted that, under the existing rules, its balanced service could not be packaged with any foreign religious services or with any Canadian single or limited point-of-view services. It therefore asked the Commission to vary the policy on linkage to allow it to be distributed in a package with other Canadian or non-Canadian religious services, whether they be balanced or not. Covenant Communications Inc., licensee of a single-faith Category 2 discretionary religious service, opposed Vision TV’s request. |
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11. |
The Commission’s Religious Broadcasting Policy is contained in Public Notice CRTC 1993-78. Among other things, the policy stipulates that single or limited point-of-view religious services must be distributed in a manner that requires consumers to make a clear, positive choice to pay for and receive them. It is for this reason that, under the policy, single or limited point-of-view religious services may only be packaged with other single or limited point-of-view religious services. Thus, a consumer who wishes to subscribe to a discretionary service that is other than a single or limited point-of-view religious service is not also obliged to receive one that is. |
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12. |
The Commission intends soon to initiate a public process to review this aspect of its Religious Broadcasting Policy for the purpose of determining its continuing relevance in a digital environment. In the meantime, however, and in order to provide a measure of flexibility, distribution undertakings will be allowed to distribute a foreign single or limited point-of-view religious service on a "stand-alone" discretionary basis in a digital environment. Further, distributors will not be permitted to package this type of service with any non-religious or any balanced religious service. Although this rule does not mirror the linkage requirements for these types of services in the analog environment, it is nonetheless in keeping with the principles enunciated in the Commission’s Religious Broadcasting Policy. |
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Preponderance of Canadian services in a digital offering |
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13. |
In Public Notice CRTC 2000-6 dated 13 January 2000 and entitled Licensing Framework Policy for New Digital Pay and Specialty Services, the Commission stated: |
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14. |
The Commission reiterated this policy in Public Notice CRTC 2001-17 dated 1 February 2001, in which it amended the Broadcasting Distribution Regulations to incorporate the requirement that distributors must carry Category 1 specialty programming services. The Commission thus reminds all distributors that, when they add any of the new foreign services listed in Appendix D to their digital offering, they are required to ensure that the majority of services received digitally by each subscriber is Canadian. |
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Services not added to the digital list |
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15. |
In Public Notice CRTC 2001-33 dated 2 March 2001, the Commission stated that it would assess individual requests for the addition of non-Canadian services to the digital list against the background of its general policy. This policy precludes the addition of any new non-Canadian satellite service that can be considered either totally or partially competitive with a Canadian specialty or pay television service. |
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16. |
The Commission also stated that, in applying this policy, it would take into account the services of all specialty and pay television programming undertakings whose licence applications have, to date, been approved. These include the entire Category 1 and Category 2 specialty programming services approved in Decisions CRTC 2000-449 to 2000-731. |
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17. |
After carefully considering all of the views on this matter, the Commission has decided not to add the following services to the digital list on the grounds that they would be competitive, either in whole or in part, with one or more Canadian specialty and/or pay television programming undertakings: |
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Family Net |
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Festival |
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National Iranian Television (NITV) |
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Noggin† |
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Ovation – The Arts Network† |
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RTP International† |
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Spice Platinum |
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Spice Platinum 2 |
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Spice Platinum Live |
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Sundance Channel† |
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† Exclusion of these services from the list is by majority vote. |
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18. |
With respect to Spice Platinum, Spice Platinum 2 and Spice Platinum Live, a separate concern raised in comments was that these services are not obliged to adhere to Canadian law with respect to adult entertainment programming. Although the Canadian sponsor of these services (Canadian Cable Systems Alliance) did attempt to address this concern, the Commission is not satisfied that compliance would be maintained at all times. |
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19. |
With respect to the audio service Radio France Internationale, whose proposed addition to the digital list was sponsored by the Canadian Cable Television Association, the Commission has decided not to proceed with this request at this time. The Commission is now preparing a call for applications for licences for new specialty audio programming services. The addition of Radio France Internationale to the digital list will be considered once this process is completed. |
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20. |
As an unrelated matter, the Commission notes that it has removed the U.S. service known as TV Food Network (TVFN) from the Part 2, Part 3 and DTH lists of eligible satellite services. In Decision CRTC 2000-217, the Commission approved an application for a licence to carry on a new specialty television programming service called Food Network Canada (FNC). The removal of TVFN from the lists was requested by its U.S. operator, who is also a minority shareholder in FNC. |
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Secretary General |
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This notice 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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APPENDIX A |
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LIST OF PART 2 ELIGIBLE SATELLITE SERVICES |
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A) |
Learning and Skills Television of Alberta |
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Télé-Québec (STQ) |
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TVOntario (TVO and TFO) |
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Open Learning Agency (Knowledge Network) |
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Atlantic Satellite Network (ASN) |
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CFTU-TV Montréal |
IND* |
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CBC English-language Television Service |
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CBC French-language Television Service |
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WHDH-TV Boston/WGRZ-TV Buffalo/WPTZ Burlington/ |
NBC* |
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WGBH-TV Boston/WNED-TV Buffalo/WETK Burlington/ |
PBS* |
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WBZ-TV Boston/WIVB-TV Buffalo/WCAX-TV Burlington/ |
CBS* |
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WCVB-TV Boston/WKBW-TV Buffalo/WVNY Burlington/ |
ABC* |
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WUTV Buffalo/WFFF-TV Burlington/WFTC Minneapolis/ |
FOX* |
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ART America |
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The Arts and Entertainment Network (A&E) |
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BBC World |
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Black Entertainment Television (BET) |
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Cable News Network (CNN) |
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CNN Headline News (CNN-2) |
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Cable Satellite Public Affairs Network (C-Span) |
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Consumer News and Business Channel (CNBC) |
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Court TV |
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Deutsche Welle |
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The Filipino Channel |
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The Golf Channel |
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The Learning Channel |
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The Health Network |
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The Nashville Network (TNN) |
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Radio-France outre-mer (RFO1)* |
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The Silent Network (Kaleidoscope) |
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Speedvision |
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TV Japan |
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TV Polonia |
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The Weather Channel (TWC) |
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WMNB-TV: Russian-American Broadcasting Company |
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Licensed pay audio programming undertaking(s)** |
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B) |
KSTW (IND) Tacoma/Seattle* |
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KTLA Los Angeles |
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KWGN Denver |
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WGN-TV Chicago |
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WPIX New York City |
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WSBK-TV Boston |
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WTBS Atlanta |
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WUAB-TV (IND) Cleveland* |
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WWOR-TV New York City |
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American Movie Classics |
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Comedy Central |
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Game Show Network |
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Lifetime Television |
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Playboy TV*** |
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Turner Classic Movies |
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Received from a licensed SRDU |
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A pay audio programming undertaking may not be used for linkage purposes for the distribution of any non-Canadian eligible satellite services. |
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Playboy TV is only authorized for distribution at the specific request of a subscriber. Distributors are not permitted to package Playboy TV in such a way that subscribers are obligated to purchase Playboy TV in order to purchase any other programming service. Distributors are required to take measures to fully block the reception of both the audio and video portions of Playboy TV to subscribers that request it not be receivable in their home (in either unscrambled or scrambled analog form). |
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Authorization for the above-noted services is subject to the following: |
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| - When this list of Part 2 eligible satellite services is replaced by another list of Part 2 eligible satellite services, the only authorized services will be those contained in the most recent list; accordingly, this list supersedes the list dated 18 October 2000 (PN 2000-143). | |||
| - In the case of signals received from a licensed SRDU, ASN, the CBC English- and French-language Television Services and foreign satellite services, licensees are required to enter into the necessary contractual arrangements for such carriage. | |||
| - Licensees that distribute a PBS signal received at the local head end by terrestrial transmission may distribute one PBS service received from a licensed SRDU. All other licensees may distribute a maximum of two PBS services received from a licensed SRDU. Licensees may not distribute the signal of more than one affiliate of the same commercial U.S. network, received from a licensed SRDU, unless otherwise authorized pursuant to a condition of licence. | |||
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Date of issue: 13 July 2001
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APPENDIX B |
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LIST OF PART 3 ELIGIBLE SATELLITE SERVICES |
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Learning and Skills Television of Alberta |
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Télé-Québec (STQ) |
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TVOntario (TVO and/et TFO) |
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Open Learning Agency (Knowledge Network) |
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Atlantic Satellite Network (ASN) |
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Aboriginal Peoples Television Network (APTN) |
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CBC English-language Television Service |
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CBC French-language Television Service |
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The programming service of any licensed television programming undertaking* |
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WHDH-TV Boston/WGRZ-TV Buffalo/WPTZ Burlington/ |
NBC* |
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WGBH-TV Boston/WNED-TV Buffalo/WETK Burlington/WTVS Detroit/ |
PBS* |
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WBZ-TV Boston/WIVB-TV Buffalo/WCAX-TV Burlington/ |
CBS* |
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WCVB-TV Boston/WKBW-TV Buffalo/WVNY Burlington/WXYZ-TV |
ABC* |
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WUTV Buffalo/WFFF-TV Burlington/WFTC Minneapolis/WUHF Rochester/ |
FOX* |
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KSTW Tacoma/Seattle |
IND * |
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WUAB-TV Cleveland |
IND* |
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KTLA Los Angeles |
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KWGN Denver |
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WGN-TV Chicago |
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WPIX New York City |
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WSBK-TV Boston |
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WTBS Atlanta |
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WWOR-TV New York City |
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American Movie Classics |
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ART America |
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The Arts and Entertainment Network (A&E) |
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BBC World |
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Black Entertainment Television (BET) |
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Cable News Network (CNN) |
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CNN Headline News (CNN-2) |
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Cable Satellite Public Affairs Network (C-Span) |
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Comedy Central |
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Consumer News and Business Channel (CNBC) |
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Court TV |
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Deutsche Welle |
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The Filipino Channel |
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Game Show Network |
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The Golf Channel |
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The Health Network |
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The Learning Channel |
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Lifetime Television |
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The Nashville Network (TNN) |
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Playboy TV ** |
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Radio-France outre-mer (RFO1)* |
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The Silent Network (Kaleidoscope) |
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Speedvision |
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Turner Classic Movies |
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TV Japan |
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TV Polonia |
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The Weather Channel (TWC) |
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WMNB-TV: Russian-American Broadcasting Company |
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Licensed pay audio programming undertaking(s) |
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Received from a licensed SRDU |
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** |
Playboy TV is only authorized for distribution at the specific request of a subscriber. Distributors are not permitted to package Playboy TV in such a way that subscribers are obligated to purchase Playboy TV in order to purchase any other programming service. Distributors are required to take measures to fully block the reception of both the audio and video portions of Playboy TV to subscribers that request it not be receivable in their home (in either unscrambled or scrambled analog form). |
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Authorization for the above-noted services is subject to the following: |
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| - When this list of Part 3 eligible satellite services is replaced by another list of Part 3 eligible satellite services, the only authorized services will be those contained in the most recent list; accordingly, this list supersedes the list of Part 3 eligible satellite services dated 18 October 2000 (PN 2000-143). | |||
| - In the case of out-of-province educational services, there should be no objection on the part of the originating service. | |||
| - In the case of a licensed SRDU signals, ASN, the CBC English- and French-language Television Services and foreign satellite services, licensees are required to enter into the necessary contractual arrangements for such carriage. | |||
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- In the case of licensed television programming undertakings offering TVA or CTV programming, a licensee also distributing the signal of a local TVA or CTV affiliate shall delete the duplicate programming from the services received from a licensed SRDU or substitute the local service(s) when the programming is identical. |
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| - Licensees that distribute a PBS signal received at the local head end by terrestrial transmission may distribute one PBS service received from a licensed SRDU. All other licensees may distribute a maximum of two PBS services received from a licensed SRDU. Licensees may not distribute the signal of more than one affiliate of the same commercial U.S. network, received from a licensed SRDU, unless otherwise authorized pursuant to a condition of licence. | |||
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Date of issue:13 July 2001
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APPENDIX C |
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LIST OF DTH ELIGIBLE SATELLITE SERVICES |
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A) |
ART America |
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The Arts and Entertainment Network (A&E) |
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BBC World |
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Black Entertainment Television |
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Cable News Network (CNN) |
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CNN Headline News (CNN-2) |
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Cable Satellite Public Affairs Network (C-Span) |
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Consumer News and Business Channel (CNBC) |
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Court TV |
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Deutsche Welle |
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The Filipino Channel |
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The Golf Channel |
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The Health Network |
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The Learning Channel |
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The Nashville Network (TNN) |
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The Silent Network (Kaleidoscope) |
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Speedvision |
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TV Japan |
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TV Polonia |
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The Weather Channel (TWC) |
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WMNB-TV: Russian-American Broadcasting Company |
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Radio France outre-mer (RFO1) |
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B) |
KSTW (IND) Tacoma/Seattle* |
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KTLA Los Angeles* |
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KWGN Denver* |
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WGN-TV Chicago* |
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WPIX New York City* |
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WSBK-TV Boston* |
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WTBS Atlanta* |
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WWOR-TV New York City* |
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American Movie Classics |
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Comedy Central |
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Game Show Network |
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Lifetime Television |
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Playboy TV ** |
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Turner Classic Movies |
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* |
U.S. Superstation |
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** |
Playboy TV is only authorized for distribution at the specific request of a subscriber. Distributors are not permitted to package Playboy TV in such a way that subscribers are obligated to purchase Playboy TV in order to purchase any other programming service. |
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Authorization for the above-noted services is subject to the following: |
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| - When this list of DTH eligible satellite services is replaced by another list of DTH eligible satellite services, the only authorized services will be those contained in the most recent list; accordingly, this list supersedes the list dated 18 October 2000 (PN 2000-143). | |||
| - Licensees are required to enter into the necessary contractual arrangements for carriage of foreign satellite services. | |||
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Date of issue: 13 July 2001
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APPENDIX D |
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LIST OF PART 2, PART 3 and DTH ELIGIBLE SATELLITE SERVICES FOR DIGITAL DISTRIBUTION |
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BVN-TV |
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Discovery Wings |
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Eternal Word Television Network |
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EuroNews |
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Eurosportnews |
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KTO |
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Muslim Television Ahmadiyya |
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Muzzik |
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Network TEN (Australia) |
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Oxygen Network |
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Paris-Première |
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Planète |
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RTV Palma |
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The Scandinavian Channel |
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Tropic |
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TV Land |
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TV3 Republic of Ireland |
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TV3 Television Network (New Zealand) |
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TV4 Television Network (New Zealand) |
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Authorization for the above-noted services is subject to the following: |
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| - When this List of Part 2, Part 3 and DTH Eligible Satellite Services for Digital Distribution is replaced by another list, the only authorized services will be those contained in the most recent list. | ||
| - Licensees are required to enter into the necessary contractual arrangements for carriage of these foreign satellite services. | ||
| - Providers of these foreign services must have obtained and must remain in possession of all necessary rights for the distribution of their programming in Canada. | ||
| - Providers of these foreign services must not hold, nor try to obtain, nor exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada. | ||
| Date of issue: 13 July 2001 | ||
Date Modified: 2001-07-13
- Date modified: