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Broadcasting Decision CRTC 2003-114
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Ottawa, 11 April 2003
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Vidéotron ltée
Dolbeau, Montréal, Québec, Saint-Félicien, Saguenay (formerly Chicoutimi), Sherbrooke, Trois-Rivières (formerly Cap-de-la-Madeleine) and Victoriaville, Quebec
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CF Cable TV Inc.
Montréal, Quebec
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Videotron (Regional) Ltd.
Ascot Corner, Coaticook, Cowansville, East Angus, Gatineau (formerly Buckingham, Hull), Granby, Lachute, La Pocatière, Montebello, Rivière-du-Loup, Saint-André-Avelin, Saint-Édouard-de-Lotbinière, Saint-Joachin-de-Montmorency, Sainte-Pétronille, Sherbrooke (formerly Lennoxville), Sorel, Terrebonne, Thurso, Waterloo, Quebec and Rockland, Ontario
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Application 2002-0950-4
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Distribution of additional signals on a discretionary digital basis
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1.
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The Commission received an application by Vidéotron ltée, CF Cable TV Inc. and Videotron (Regional) Ltd. to distribute on their cable distribution undertakings serving the above-mentioned localities, the following services on a discretionary digital basis:
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a second set of signals that provides the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and of the non-commercial PBS network (collectively, the U.S. 4+1 signals).
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2.
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Section 19(o) of the Broadcasting Distribution Regulations (the Regulations) stipulates that a licensee may distribute "any programming service authorized under a condition of its licence". One of the conditions of licence that appear on all licences to carry on a cable or multipoint distribution system (MDS) distribution undertaking (generally, condition of licence no. 2) stipulates that:
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The written approval of the Commission is required prior to the distribution of any service not authorized in:
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a) the Broadcasting Distribution Regulations;
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b) the most recent renewal decision or, if there has been no renewal, the initial licensing decision; or
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c) any subsequent written approvals granted during the term of this licence.
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3.
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Vidéotron ltée, CF Cable TV Inc. and Videotron (Regional) Ltd. filed the present application as required by their condition of licence.
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The Commission's determination
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4.
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The Commission considers that carriage, on a discretionary digital basis of an additional set of U.S. 4+1 signals, when coupled with other initiatives such as the carriage of newly licensed Canadian digital services, could serve as an incentive for cable customers to subscribe to the digital service offerings of cable undertakings. The distribution of such services would also increase the choice available to cable subscribers.
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5.
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In Carriage of Canadian and U.S. 4+1 signals on a digital basis, Decision CRTC 2000-437, 8 November 2000 (Decision 2000-437), the Commission also recognized the need to protect the program rights acquired by local broadcasters.
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6.
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Accordingly, the Commission approves the application by Vidéotron ltée, CF Cable TV Inc. and Videotron (Regional) Ltd. to distribute, on a discretionary digital basis, a second set of U.S. 4+1 signals, so long as the licensees comply with the following :
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The distribution on a discretionary basis on the licensee's digital service of U.S. 4+1 signals, in addition to the set of such signals already carried by the system, is subject to the provision that, with respect to such signals, the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Regulations. The Commission may suspend the application of this provision in respect of a signal, upon its approval of an executed agreement between the licensee and the broadcaster concerned. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 solely on the licensee's digital service, as approved in this decision.
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7.
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The Commission reminds the licensees that the simultaneous substitution requirements, as set out in section 30 of the Regulations, also apply with respect to the U.S. 4 + 1 signals.
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Secretary General
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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: http://www.crtc.gc.ca
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Date Modified: 2003-04-11
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