ARCHIVED - Decision CRTC 2001-688

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Decision CRTC 2001-688

Ottawa, 9 November 2001

Rogers Cable Inc. and Rogers Cablesystems Ontario Limited
Bolton, Erin, Grand River/Kitchener, Grand Valley, Newmarket, Orangeville, Pickering, Pine Ridge/Oshawa, Richmond Hill, Toronto/Downsview, Toronto(Metro)/ Scarborough, Toronto/Peel, Toronto/York, Ajax, Guelph and Toronto/Etobicoke/ Mississauga, Ontario 2001-0320-1, 2001-0322-6, 2001-0335-9, 2001-0323-4, 2001-0324-2, 2001-0325-0, 2001-0326-8, 2001-0327-6, 2001-0328-4, 2001-0321-8, 2001-0329-2, 2001-0330-0, 2001-0331-7, 2001-0332-5, 2001-0333-3, 2001-0334-1

Applications processed by
Public Notice CRTC 2001-64
dated 5 June 2001

Distribution of WNYO-49 (Warner Brothers) Buffalo, New York


In Public Notice CRTC 2001-64, the Commission announced the receipt of applications to amend the broadcasting licences for the cable distribution undertakings serving the above-mentioned localities, by authorizing the licensees to distribute the signal of WNYO-49 (Warner Brothers) Buffa


Under the Broadcasting Distribution Regulations, Commission authorization is required if a Class 1 or 2 cable licensee wishes to distribute the programming service of any non-Canadian television station that is received directly over-the-air at the local head-end and that began operation after January 1, 1985. WNYO-49 began operating in October 1996.


In general, the Commission's policy only permits the distribution of U.S. stations that began operation after 1985 in cases where the station will not materially compete for Canadian advertising revenue with local broadcasters.


In support of its applications, Rogers stated that the digital carriage of WNYO-49 will increase diversity for subscribers, enhance competition, and help promote the implementation of digital technology.


Three interventions in opposition to these applications were submitted by the Canadian Association of Broadcasters (CAB), Global Television Network (Global) and by Klaus Krueger. The CAB and Global argued that the distribution of WNYO-49 would not contribute to the diversity of programming services available to Canadian cable subscribers, and suggested that WNYO-49 duplicates the programming of the Warner Brothers network, which is already available on superstations distributed by Rogers and by local Canadian television stations in the Greater Toronto Area.


In response to the interventions, Rogers argued that WNYO-49 will not duplicate existing programming, and that only approximately 5% of WNYO-49's weekly programming is otherwise available in the market.


The Commission concludes that the impact of the distribution of WNYO-49 as part of a discretionary digital tier in the affected communities will be minimal, and the applications are therefore approved.


In addition to the interventions noted above, the Commission has considered the interventions submitted in support of these applications.

Secretary General

This decision is to be appended to each licence. It is available in alternative format upon request, and may also be examined at the following Internet site:

Date Modified: 2001-11-09

Date modified: