ARCHIVED - Broadcasting Public Notice CRTC 2002-11

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Broadcasting Public Notice CRTC 2002-11

Ottawa, 28 February 2002

Call for comments on the application of the concept of "end-user choice" in the context of distribution services delivered to condominiums

The Commission calls for comments on whether, in the case of a condominium, the concept of "end-user choice" should apply at the level of the occupant of each unit or at that of the condominium board or strata council. Once the process initiated by this notice concludes, the Commission intends to issue its determination on a complaint filed by Novus Entertainment Inc. against Bell ExpressVu in which this issue is raised.

Background

1.

Novus Entertainment Inc. (Novus) filed a complaint (10 October 2001) regarding certain provisions of Bell ExpressVu's building access agreement with the owners of Strata Plan #4050. Among other things, the access agreement states:

.the owner will not allow more than two (2) providers of television or audio service, including ExpressVu, to provide service within the [multiple dwelling unit].

2.

According to Novus, this agreement entered into on behalf of the owners of individual units creates an environment in which Bell ExpressVu is the sole alternative among distributors that is available to residents of a condominium building at 501 Pacific Place in Vancouver. Novus, operator of a cable broadcasting distribution undertaking (BDU), alleged that the agreement breaches section 9 of the Broadcasting Distribution Regulations (the "Regulations") and requested that the Commission declare the provisions unenforceable.

3.

In its response (26 October 2001) to Novus' complaint, Bell ExpressVu argued, among other things, that the Strata Council of the building, in entering into the agreement, made an authorized decision on behalf of its membership, and hence, of end-users. More specifically, Bell ExpressVu stated:

.this is not a matter of end user choice, but rather a contractual matter between the parties. The property in question is a condominium. ExpressVu understands that, under the terms of agreements entered into by the owners of the individual units at the time of purchase, the elected Strata Council of the building is assigned the responsibility to act in a broad range of matters, including the selection of which broadcasting distributor is to be given access to the property.

4.

In its reply (2 November 2001), Novus was generally of the view that the concept of end-user choice should be applied at the level of individual units, rather than at the level of the condominium board or strata council.

Commission policy on end-user choice

5.

Since 1995, the Commission has promoted the introduction of facilities-based competition in the broadcasting distribution market. In Public Notice CRTC 1997-150 dated 22 December 1997, the Commission announced its policy to require end-user choice in multiple-unit dwellings, and noted that this policy would be enforced by way of the undue preference provision of section 9 of the Regulations.

6.

Nevertheless, the Commission's current policy on end-user choice does not differentiate between multiple-unit dwellings where there is condominium ownership and those where ownership resides with a landlord.

Call for comments

7.

The Commission has taken note of Bell ExpressVu's arguments summarized above. The Commission has also taken into consideration its stated objective of encouraging the development of a competitive environment between distribution undertakings in multiple unit dwellings in the interests of subscribers. Accordingly, the Commission hereby calls for comments on whether the concept of end-user choice, in the case of a condominium, should apply at the level of the occupant of each unit or at that of the condominium board or strata council.

8.

The Commission emphasizes that it does not seek comments on the complaint filed by Novus. Rather, it invites comments that address solely the policy issues and questions set out in this notice. The Commission will accept comments that it receives on or before 5 April 2002.

9.

The Commission will not formally acknowledge comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out below have been followed.

Procedures for filing comments

10.

Interested parties can file their comments on paper or electronically. Submissions longer than five pages should include a summary.

11.

Parties wishing to file their comments on paper should send them to the Secretary General, CRTC, Ottawa, K1A 0N2.

12.

Only those comments filed in electronic form will be placed on the Commission's web site at www.crtc.gc.ca and only in the official language and format in which they are submitted. Interested parties may consult the documentsby selecting the public notice number.

13.

Parties wishing to file electronic versions of their comments can do so by email or on diskette. The Commission email address is procedure@crtc.gc.ca

14.

Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.

15.

Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.

16.

The Commission encourages interested parties to monitor the public examination file (and/or the Commission's web site) for additional information that they may find useful when preparing their comments.

Examination of public comments and related documents at the following Commission offices during normal business hours

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218

Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721

405 de Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607 - TDD: 283-8316
Fax: (514) 283-3689

55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317

Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319

10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214

530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322

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

Date Modified: 2002-02-28

Date modified: