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ARCHIVED - Broadcasting Decision CRTC 2003-38

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Broadcasting Decision CRTC 2003-38

Ottawa, 7 February 2003

Rogers Cable Inc.
Barrie, CFB Borden/Alliston, Keswick, London (part of), Orillia, St. Thomas, Strathroy, Tillsonburg, and Woodstock, Ontario

Rogers Cablesystems Ontario Limited
 London (part of), Ontario

Rogers Ottawa Limited/Limitée
 Ottawa and surrounding areas, Ontario

Rogers Cablesystems Georgian Bay Limited
 Collingwood, Midland and Owen Sound, Ontario

Application 2002-0845-6

Distribution of WNYO-49 on a discretionary digital basis

1.

The Commission received an application by Rogers Cable Inc., Rogers Cablesystems Ontario Limited, Rogers Ottawa Limited/Limitée and Rogers Cablesystems Georgian Bay Limited (Rogers) to distribute on their Class 1 and Class 2 cable distribution undertakings serving the above-mentioned localities, the off-air signal of WNYO-49 (Warner Brothers) Buffalo, New York.

2.

Section 19(o) of the Broadcasting Distribution Regulations (the BDU Regulations) stipulates that a licensee may distribute "any programming service authorized under a condition of its licence". One of the conditions of licence that appears on all licences to carry on a cable or multipoint distribution system (MDS) distribution undertaking (generally, condition of licence no. 2) stipulates that :

The written approval of the Commission is required prior to the distribution of any service not authorized in:

a) the Broadcasting Distribution Regulations;

b) the most recent renewal decision or, if there has been no renewal, the initial licensing decision; or

c) any subsequent written approvals granted during the term of this licence.

3.

Rogers filed the present application as required by condition for each licence.

4.

In addition to the requirement of condition of licence no. 2, section 19(g) of the BDU Regulations stipulates that the Commission's prior approval is required should a Class 1 or Class 2 cable licensee wish to distribute the programming service of any non-Canadian television station received directly over the air at the local head end and that began operation after 1 January 1985. WNYO-49 began operating in October 1996.

5.

In Distribution of WNYO-49 (Warner Brothers) Buffalo, New York,Decision CRTC 2001-688, 9 November 2001, the Commission confirmed its policy to permit the distribution of U.S. stations that began operation after 1985 only in cases where it is satisfied that the station will not materially compete for Canadian advertising revenues with local broadcasters.

6.

Taking into account the licensee's statement that the WNYO-49 signal is readily available off air, the Commission considers that the impact of the distribution of WNYO-49 as part of a discretionary digital tier in the above-mentioned localities will be minimal.

7.

Accordingly, as required by the condition of licence and pursuant to section 19(g) of the BDU Regulations,the Commission approves the discretionary digital distribution of the off-air signal WNYO-49 (Warner Brothers).

Secretary General

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: www.crtc.gc.ca

Date Modified: 2003-02-07

Date modified: