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ARCHIVED - Broadcasting Decision CRTC 2003-468

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Broadcasting Decision CRTC 2003-468

  Ottawa, 18 September 2003
  Source Cable and Wireless Limited
(formerly Southmount Cable Limited)
Hamilton, Ontario
  Application 2002-0739-1
Broadcasting Public Notice CRTC 2002-76
28 November 2002
 

Application for relief from section 17 of the Broadcasting Distribution Regulations

  In this decision, the Commission approves the application by Source Cable and Wireless Limited (formerly Southmount Cable Limited) to be relieved of the requirement to distribute OMNI.2 Toronto as part of the basic service beginning with the basic band (channels 2 to 13).

1.

The Commission received an the application by Southmount Cable Limited, now known as Source Cable and Wireless Limited, the licensee of the Class 1 cable broadcasting distribution undertaking (BDU) serving Hamilton, Ontario. The applicant requested to be relieved by condition of licence, of the requirements set out in section 17 of the Broadcasting Distribution Regulations (the Regulations) that it distribute OMNI.2 Toronto as part of the basic service beginning with the basic band (channels 2 to 13). Instead, the applicant proposed to distribute OMNI.2 as part of the basic service, but on a channel outside the basic band requirements.

2.

Section 17(1) of the Regulations lists, in order of priority, the television programming services that must be distributed as part of the basic service of Class 1 BDUs. Section 17(2) of the Regulations states that these services must be distributed on a channel beginning with the basic band.

3.

OMNI.2 Toronto is an ethnic television station operated by Rogers Broadcasting Limited (Rogers). Under the provisions of the Regulations, OMNI.2 is entitled to carriage on a channel beginning with the basic band as part of the basic service of the applicant's Class 1 cable BDU serving Hamilton. Rogers, however, has agreed to waive its right to carriage on a channel beginning with the basic band of this cable BDU, provided that OMINI.2 is placed on the basic service and on a channel below 23.

4.

The Commission has noted the concerns expressed in the opposing intervention submitted by Crossroads Television System, the licensee of CITS-TV Hamilton. The intervener emphasized that BDUs must distribute Canadian services on a priority basis.

5.

Based on the evidence available to it, the Commission is satisfied that the applicant and Rogers have reached an acceptable agreement regarding the channel placement of OMNI.2 and that the signal will continue to be carried as part of the basic service of the cable BDU serving Hamilton. Accordingly, the Commission approves the application by Southmount Cable Limited, now known as Source Cable and Wireless Limited, and relieves the licensee, by condition of licence, of the requirements of section 17(1) of the Broadcasting Distribution Regulations withrespect toOMNI.2 Toronto provided that it be distributed as part of the basic service on a channel below 23.
  Secretary General
  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: www.crtc.gc.ca 

Date Modified: 2003-09-18

Date modified: