ARCHIVED - Broadcasting Public Notice CRTC 2002-71
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Broadcasting Public Notice CRTC 2002-71 |
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Ottawa, 19 November 2002 |
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The Commission has received the following application: |
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DEADLINE FOR INTERVENTION |
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1. |
Across Canada |
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Application by STAR CHOICE TELEVISION NETWORK INCORPORATED (Star Choice) to replace conditions of licence requiring simultaneous and non-simultaneous deletion of programming with new conditions requiring local broadcaster carriage and compensation. |
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Introduction |
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The licensee proposes to amend its broadcasting licence to carry on a national direct-to-home satellite distribution undertaking (DTH) by being relieved of the requirements contained in conditions of licence 4b)(ii) and 5b) respecting simultaneous and non-simultaneous program deletion. |
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With respect to simultaneous program deletion, Star Choice's condition of licence 4b)(ii) specifies that: |
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By virtue of condition 5b) of its licence, Star Choice is obliged to perform a similar program deletion on a non-simultaneous basis (i.e., deletion of an identical signal broadcast within the same broadcast week), again upon seven days written notice from a licenced Canadian television programming undertaking. |
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The above conditions of licence are worded similarly to sections 42(1)(b) and 43(1) of the Broadcasting Distribution Regulations (the Regulations). However, these Regulations apply to licensees of a DTH distribution undertaking except as otherwise provided under a licensee's condition of licence. In the case of this application, Star Choice is applying to replace existing conditions of licence requiring simultaneous and non-simultaneous program deletion with new conditions of licence setting out in detail, among other things, requirements for local broadcaster carriage and compensation. |
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Background |
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In Introductory statement - Licensing of new direct-to-home (DTH) satellite distribution undertakings, and new DTH pay-per-view (PPV) television programming undertakings, Public Notice CRTC 1995-217 (PN 1995-217), 20 December 1995, the Commission explained its reasons for imposing conditions of licence requiring program deletion and substitution by licensees of DTH undertakings. Specifically, the Commission stated: |
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As part of the same public notice, the Commission noted discussions between some DTH distribution applicants and the Canadian Association of Broadcasters (CAB) concerning alternative measures to compensate or protect local and regional program rights and advertising revenues. The Commission stated that it would accept alternatives to program deletion and substitution requirements that had been mutually agreed upon by all parties. |
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In Star Choice Television Network Incorporated, Decision CRTC 96-529, 27 August 1996, the Commission approved the licence for Star Choice to operate a DTH undertaking and imposed conditions of licence with respect to simultaneous and non-simultaneous program deletion. |
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In Express Vu, Alpha Star Canada Inc., and Star Choice Television Network Incorporated, Decision CRTC 97-576, 8 October 1997, the Commission addressed an application by Star Choice and other DTH undertakings proposing licence amendments affecting the program deletion requirements of DTH satellite distribution undertakings. The Commission temporarily relieved all parties from their respective conditions of licence requiring simultaneous and non-simultaneous deletion of identical programming. The Commission stated that it expected all parties involved to use the time provided by this temporary relief to negotiate and reach an agreement on appropriate mechanisms that could be employed by DTH distribution undertakings to protect the program rights and advertising base of Canadian television stations. |
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On 30 September 1999, a comprehensive agreement was signed between Star Choice and the CAB dealing with the compensation of television licensees. In Star Choice Television Network Inc., Decision CRTC 2000-39, 11 February 2000 (Decision 2000-39), the Commission stated that, on balance, it was satisfied that the terms of the agreement reached between Star Choice and the CAB provided for appropriate compensation to affected broadcasters and that the agreement constituted a reasonable and acceptable alternative to the program deletion requirements imposed on Star Choice. The Commission stated that it would offer temporary relief from conditions of licence that would otherwise require Star Choice, upon receipt of a request from a licensed Canadian television station, to carry out the simultaneous and non-simultaneous deletion of programming distributed to a subscriber. To allow for this temporary relief, the Commission amended Star Choice's licence by adding the following condition: |
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Bell ExpressVu Application for Relief from Conditions of Licence Concerning Simultaneous and Non-Simultaneous Deletion of Programming |
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On 12 August 2002, Bell ExpressVu Limited Partnership (Bell ExpressVu) applied for a licence amendment granting temporary relief from conditions of licence on simultaneous and non-simultaneous deletion of programming. The application was filed pursuant to a Memorandum of Understanding (MOU) reached between Bell ExpressVu and the CAB respecting alternative measures to simultaneous and non-simultaneous program deletion. The MOU formed part of the Bell ExpressVu application. |
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In Bell ExpressVu (Application No. 2002-0653-3), Public Notice CRTC 2002-57, 4 October 2002 (PN 2002-57), the Commission initiated a three phase public process requesting additional information from the applicant, inviting public comment on the application and the MOU, and providing the CAB and Bell ExpressVu with an opportunity to reply to the comments. The Commission subsequently extended the deadlines for the process in Extension of Deadlines for the submission of comments, Public Notice CRTC 2002-57-1, 21 October 2002 and Further Extension of Deadlines for the submission of comments, Public Notice CRTC 2002-57-2, 31 October 2002. The three-phase process has not been completed. |
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Call for comments |
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The Commission initiates a two-phase public process to consider Star Choice's application. The Commission notes that Star Choice's application addresses issues also raised by Bell ExpressVu's application in the proceeding announced in PN 2002-57. |
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Phase 1: |
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The Commission invites written comments from the public concerning this application. Interested parties have until 20 December 2002, to file comments on the application. Comments received in response to Call for comments-Carriage of local television stations by DTH undertakings in smaller markets, Public Notice CRTC 2001-103, 28 September 2001 (PN 2001-103), will form part of the record of this proceeding. Accordingly, this invitation to comment is limited to issues raised in this specific application. Those who wish to provide comments to the Commission must also send a copy of their submission to Star Choice at the address below. The complete process for filing an intervention is outlined at the end of this notice. |
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Phase 2: |
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The Commission will give Star Choice until 17 January 2003 to reply to the comments filed in Phase 1 of this proceeding. The reply comments may only address matters raised by the comments submitted during the first phase of this proceeding. |
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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. |
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Procedures for filing comments |
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Licensee's address: |
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Examination of application: |
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[ Intervention Form] |
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PUBLIC PARTICIPATION |
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DEADLINE FOR INTERVENTION |
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20 December 2002 |
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The intervention must be received by the CRTC and by the applicant ON OR BEFORE the above-mentioned date. The Commission cannot be held responsible for postal delays. |
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Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions. |
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Submit your written intervention to the Secretary General of the Commission in ONLY ONE of the following formats: |
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by using the form |
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OR |
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by electronic mail to |
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OR |
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by mail at |
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OR |
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by fax to the |
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A true copy MUST be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission. |
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Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission. |
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Please note that only the documents (applications and interventions) electronically filed will be available on the Commission's web site. You will be able to access these documents by indicating the public notice or the notice of public hearing number. |
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Each paragraph of the document should be numbered. |
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Your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds for your proposal. |
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In the event that the application is brought to the oral phase of the hearing, and if you wish to appear, you must provide reasons why your written comments are not sufficient and why an appearance is necessary. |
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In exceptional circumstances, the Commission may allow an intervenor to present its intervention by teleconference. At the time of filing its intervention, the intervenor must clearly indicate why the Commission should grant such a request. |
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EXAMINATION OF DOCUMENTS DURING NORMAL OFFICE HOURS |
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Documents are available at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within 48 hours, at any other CRTC offices and documentation centres. |
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Central Building |
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Metropolitan Place |
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405 de Maisonneuve Blvd East |
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55 St. Clair Avenue East, Suite 624 |
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Kensington Building |
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Cornwall Professional Building |
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10405 Jasper Avenue, Suite 520 |
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530-580 Hornby Street |
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This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca |
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Secretary General |
Date Modified: 2002-11-19
- Date modified: