ARCHIVED - Broadcasting Public Notice CRTC 2002-71

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Broadcasting Public Notice CRTC 2002-71


Ottawa, 19 November 2002


The Commission has received the following application:



20 December 2002


Across Canada
Application No. 2002-0752-3


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.




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.


With respect to simultaneous program deletion, Star Choice's condition of licence 4b)(ii) specifies that:


4.b) Where the licensee receives, at least seven days before the date on which the programming service is broadcast, a written request for substitution or deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall:


ii) delete a programming service that is identical to that of the Canadian television programming undertaking and that is receivable by subscribers located within the grade B contour of the Canadian television programming undertaking.


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.


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.




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:


...the protection of program rights purchased by Canadian television programming undertakings is fundamental to maintaining the integrity of the Canadian rights market, and to protecting the advertising base of local and regional television stations so that they may meet their commitments to Canadian programming.


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.


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.


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.


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:


5.d) The application of the conditions of licence specified in 4b) ii) and 5b) will be suspended from the date of this decision until the earlier of 31 August 2000 and the date upon which the DTH satellite distribution undertaking obtains 500,000 subscribers.


Bell ExpressVu Application for Relief from Conditions of Licence Concerning Simultaneous and Non-Simultaneous Deletion of Programming


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.


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.


Call for comments


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.


Phase 1:


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.


Phase 2:


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.


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


Licensee's address:
Star Choice Television Network Incorporated
Corporate and Regulatory Affairs
45 O'Connor Street, Suite 870
Ottawa, Ontario
K1P 1A4
Fax: (613) 234-2997


Examination of application:

At the licensee's address


[ Intervention Form]






20 December 2002


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.


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.


Submit your written intervention to the Secretary General of the Commission in ONLY ONE of the following formats:


by using the form
[intervention form]




by electronic mail to




by mail at
CRTC, Ottawa, Ontario, K1A 0N2




by fax to the
Secretary General - (819) 994-0218


A true copy MUST be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.


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.


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.


Each paragraph of the document should be numbered.


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.


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.


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.




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.


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



Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia B3A 4S5
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


This document is available in alternative format upon request and may also be examined at the following Internet site: 


Secretary General

Date Modified: 2002-11-19

Date modified: