ARCHIVED - Broadcasting Decision CRTC 2002-248

Broadcasting Decision CRTC 2002-248

Ottawa, 26 August 2002

Saskatchewan Telecommunications
Regina, Saskatoon, Moose Jaw, Prince Albert, Yorkton, Estevan, Weyburn, Swift Current, North Battleford, Battleford, White City and Pilot Butte, Saskatchewan

Application 2002-0041-0
Broadcasting Public Notice CRTC 2002-15
20 March 2002

Distribution of U.S. 4+1 television signals

In this decision, the Commission denies an application by Saskatchewan Telecommunications (SaskTel) for an amendment to its condition of licence no. 2 that would allow it to distribute, at its option and as part of the basic service of its cable broadcasting distribution undertaking serving the communities noted above, four non-Canadian television stations from the Eastern time zone (one each from ABC, NBC, FOX, PBS) and one non-Canadian television station from the Central time zone (CBS) without identifying each specific signal. The Commission approves SaskTel's alternative proposal for a condition of licence authorizing it to distribute WCVB-TV (ABC) Boston, Massachusetts, WCCO-TV (CBS) Minneapolis, Minnesota, WHDH-TV (NBC) Boston, WFXT-TV (FOX) and WGBH-TV (PBS) Boston, as part of the basic service.

The application

1.

The Commission received an application from Saskatchewan Telecommunications (SaskTel) to amend its condition of licence no. 2 that authorizes it to carry, at its option, WXYZ-TV (ABC) Detroit, Michigan, WCCO-TV (CBS) Minneapolis, Minnesota, WDIV-TV (NBC) Detroit, WUHF-TV (FOX), Rochester, New York and WTVS-TV (PBS) Detroit, as part of the basic service of its cable broadcasting distribution undertaking (BDU) serving the communities noted above.

2.

3.

The amended condition of licence no. 2 proposed by the applicant would not specify the call letters of each of the U.S 4+1 signals to be distributed. Each proposed signal would originate in the same time zone as the signals which SaskTel is already authorized to carry (the initial proposal).

4.

Should the Commission decide not to approve this request, SaskTel proposed, as an alternative, that the Commission authorize the applicant to distribute, at its option and as part of the basic service, WCVB-TV (ABC) Boston, Massachusetts, WCCO-TV (CBS) Minneapolis, Minnesota, WHDH-TV (NBC) Boston, WFXT-TV (FOX) Boston and WGBH-TV (PBS) Boston (the alternative proposal).

5.

SaskTel stated that the purpose of its present application is to enable it to provide programming services that would be more relevant to subscribers in its authorized service area.

Interventions

6.

Three parties submitted interventions to this application: Access Communications Co-operative Limited (Access Communications), the licensee of a number of cable BDUs serving communities in Saskatchewan, the Canadian Cable Television Association (CCTA) and the Canadian Association of Broadcasters (CAB).

7.

While Access Communications and the CCTA did not oppose SaskTel's application, they submitted that, if the Commission were to approve the initial proposal, it should also extend the same flexibility to all licensees of cable BDUs.

8.

SaskTel responded that it considered the request made by Access Communications and the CCTA to be reasonable.

9.

The CAB opposed SaskTel's initial proposal because of its potential negative impact on local television broadcasters. The intervener stated that the proposal would enable SaskTel to change any U.S. 4+1 signal for another without prior Commission approval and, therefore, without advance notice to interested parties. The CAB expressed concern that local television broadcasters might, thus, lose opportunities to request simultaneous substitution until they have adjusted their schedules.

10.

The CAB stated that, if the Commission should decide to approve the initial proposal, it should require SaskTel to provide advance notification of at least 60 days to all local television broadcasters in all the communities where it intends to change any of the U.S. 4+1 signals it distributes. In addition, the Commission should require SaskTel to distribute the same set of U.S. 4+1 signals in all the communities that it is licensed to serve.

11.

The CAB did not oppose SaskTel's alternative proposal to replace the currently authorized ABC, NBC, FOX and PBS signals with their counterparts originating in Boston.

12.

SaskTel responded that it would work closely with local television broadcasters in the communities it serves to determine how it could best meet their needs for simultaneous substitution. The applicant, therefore, considered that mandated advance notification would not be necessary. It also confirmed that it would distribute the same signals in all the communities that it is licensed to serve.

The Commission's analysis and conclusion

13.

The Commission's practice is to authorize the carriage of U.S. 4+1 television network signals by a condition of licence that specifies the call sign of each signal to be distributed as part of the basic service. Accordingly, a licensee of a cable BDU wishing to change any of these signals must first file an application for approval by the Commission. This provides an opportunity for broadcasters and other interested parties to comment on the proposal and enables the Commission to continue to evaluate any potential adverse impact. The Commission considers that this public process should be maintained.

14.

In accordance with section 30 of the Broadcasting Distribution Regulations, SaskTel must perform simultaneous substitution when requested to do so, in advance, by a regional or local television broadcaster.

15.

The Commission considers that simultaneous substitution is an effective tool for maintaining the integrity of the program rights purchased by Canadian broadcasters and protecting their advertising revenue base. In the present case, the Commission shares the concern expressed by the CAB that SaskTel's initial proposal could have a negative impact on local television broadcasters by making it more difficult for them to request simultaneous substitution.

16.

Based on the foregoing, the Commission denies the application by SaskTel to replace its current condition of licence no. 2 with a general condition of licence that would authorize the applicant to distribute, at its option and as part of the basic service, four non-Canadian television stations from the Eastern time zone (one each from ABC, NBC, FOX, PBS) and one non-Canadian television station from the Central time zone (CBS), as contained in the List of Part 2 eligible satellite services, as amended from time to time.

17.

The Commission, nevertheless, recognizes that SaskTel would like to offer programming services that it considers more relevant for its subscribers. Accordingly, the Commission approves SaskTel's alternative proposal to replace the U.S. 4+1 signals that it is currently authorized to distribute and amends condition of licence no. 2 to read as follows:

In addition to the services required or authorized to be distributed pursuant to the applicable sections of the Broadcasting Distribution Regulations, the licensee is authorized to distribute, at its option and as part of the basic service, WCVB-TV (ABC) Boston, WCCO-TV (CBS) Minneapolis, WHDH-TV (NBC) Boston, WFXT-TV (FOX) Boston and WGBH-TV (PBS) Boston.

Secretary General