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Broadcasting Decision CRTC 2003-257-1
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See also: 2003-257
Ottawa, 1 August 2003
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Bell ExpressVu Inc., the general partner, and BCE Inc. and 4119649 Canada Inc. (Partners in BCE Holdings G.P.), the limited partners, carrying on business as Bell ExpressVu Limited Partnership
Across Canada
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Application 2002-0653-3
Broadcasting Public Notice CRTC 2002-57
4 October 2002
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Correction to Licence amendment for ExpressVu - relief from requirements for simultaneous and non-simultaneous program deletion, Broadcasting Decision CRTC 2003-257, 16 July 2003
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The Commission notes that the number "4" was ascribed to the condition of licence amended in Licence amendment for ExpressVu - relief from requirements for simultaneous and non-simultaneous program deletion, Broadcasting Decision CRTC 2003-257, 16 July 2003 (Decision 2003-257). The condition of licence should have been identified as condition of licence 3, and paragraphs 9 to 12 of Decision 2003-257 should have read as follows:
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9.
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Express Vu's existing condition of licence 3 reads, in part:
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3. The licensee is required to adhere to the following, unless otherwise authorized by the Commission:
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b) the licensee shall delete programming received by subscribers located within the Grade B contour of a licensed Canadian television programming undertaking, where the programming distributed as part of the DTH undertaking is identical to the programming broadcast by the Canadian television programming undertaking;
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c) the licensee shall delete programming received by subscribers located within the grade B contour of licensed Canadian television programming undertakings where the programming distributed as part of its service is identical (i.e. in relation to the above-mentioned programming, not less than 95 percent of the video and audio components of those programming services, exclusive of commercial messages and any part of the services carried on a subsidiary signal are the same) to the programming broadcast by the Canadian television programming undertaking and is distributed on a non-simultaneous basis within the same broadcast week;
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d) .For the purposes of paragraphs a) and b) of this condition, the term "identical" shall have the same meaning as that contained in subsection 2(1) of the cable regulations, the term "commercial message" shall have the same meaning as that contained in the cable regulations and the term "broadcast week" shall mean a period of seven consecutive days, beginning on Sunday.
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e) The application of the conditions of licence specified in (b) and (c) will be suspended from the date of this decision until the earlier of 30 August 2000 and the date upon which the DTH satellite distribution undertaking obtains 500,000 subscribers.
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10.
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For the reasons provided in Public Notice 2003-37, the Commission is satisfied that the MOU, as amended on 25 September 2002, and the licensee's agreement with CTV with respect to the distribution of unduplicated CTV programming from out-of-market CTV affiliates, are appropriate as part of a set of measures constituting an alternative to the applicant's existing program deletion conditions of licence. As discussed in Public Notice 2003-37, however, the Commission considers unnecessary those provisions contained in the MOU relating to limitations on the distribution of signals from earlier time zones, and the non-simultaneous substitution of Canadian television signals. Nor does the Commission consider appropriate the provisions of the MOU related to the proposed programming fund. Accordingly, the Commission will relieve the licensee of the application of conditions of licence 3(b) and 3(c) provided that it:
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- fulfils the obligations that it agreed to in its 12 August 2002 MOU with the CAB, as subsequently amended, other than those related to the proposed programming fund, the proposal to limit the distribution of signals from earlier time zones and the proposal for non-simultaneous substitution for Canadian television signals; and
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- contributes, annually, not less than 0.4% of its gross revenues derived from broadcasting activities to a new, independently administered fund to assist small market, independently owned broadcasters in meeting their commitments to local programming.
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11.
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The Schedule to this decision sets out those obligations that the licensee agreed to fulfil in its 12 August 2002 MOU with the CAB, as subsequently amended, and that the Commission considers appropriate as part of a set of measures constituting an alternative to the applicant's existing program deletion conditions of licence. The measures are set out in the Schedule so that it is clear that, from the date of this decision, the licensee will be relieved of the program deletion conditions of its licence provided that it fulfils all those measures, and so that it is equally clear that the suspension of these conditions of licence is not dependent upon the MOU continuing to be in effect or upon whether any contractual requirements prior to the date of this decision were fulfilled.
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12.
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Accordingly, the Commission hereby amends the licence by deleting paragraph (e) of condition of licence 3 and substituting the following therefor:
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e) The application of the conditions of licence specified in (b) and (c) will be suspended, from the date of this decision until 12 August 2006, so long as the licensee:
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(i) fulfils all of the measures set out in the Schedule that is appended to this decision; and
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(ii) contributes the amount set out below to a new, independently administered fund to assist small market, independently owned broadcasters in meeting their commitments to local programming as set out in Contributions to Canadian Programming by Broadcasting Distribution Undertakings, Broadcasting Public Notice CRTC 2003-38, 16 July 2003 when such a fund is established and, before such time, places the required contribution in trust in an interest-bearing account, to be conveyed with interest to such fund when it is established:
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I. in the broadcast year ending on 31 August 2003, an amount not less than 0.4% of its gross revenues derived from broadcasting activities in the period beginning on the 16 July 2003 and ending on 31 August 2003;
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II. in the broadcast years ending on 31 August 2004 and on 31 August 2005, an amount not less than 0.4% of its gross revenues derived from broadcasting activities in each year; and
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III. in the period ending on 12 August 2006, an amount not less than 0.4% of its gross revenues derived from broadcasting activities in the period beginning 1 September 2005 and ending on 12 August 2006.
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Secretary General
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: https://crtc.gc.ca
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Date Modified: 2003-08-01