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Broadcasting Decision CRTC 2003-504
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Ottawa, 16 October 2003
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Rogers Cable Inc. and Rogers Cablesystems Ontario Limited Grand River/Kitchener, Guelph, Bolton, Erin/Caledon, Grand Valley, Orangeville, Ajax, Etobicoke/Mississauga, Downsview, Newmarket, Pickering, Pine Ridge, Richmond Hill, Scarborough, Toronto/Peel and York, Ontario
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Application 2003-1020-2
Broadcasting Public Notice CRTC 2003-46
3 September 2003
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Application for relief from section 17 of the Broadcasting Distribution Regulations
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In this decision, the Commission approves the application by Rogers Cable Inc. and Rogers Cablesystems Ontario Limited to be relieved of the requirement to distribute CKXT-TV Toronto as part of the basic service beginning with the basic band (channels 2 to 13). CKXT-TV must still be distributed as part of the basic service, but may be distributed outside of the basic band.
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1.
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The Commission received an application by Rogers Cable Inc. and Rogers Cablesystems Ontario Limited (collectively referred to as "Rogers"), licensees of the Class 1 cable broadcasting distribution undertakings (BDUs) serving the locations set out above. Rogers requested to be relieved, by condition of licence, of the requirement set out in section 17 of the Broadcasting Distribution Regulations (the Regulations) that it distribute CKXT-TV Toronto as part of the basic service beginning with the basic band (channels 2 to 13). Instead, Rogers proposed to distribute CKXT-TV as part of the basic service, but on a channel outside the basic band. Specifically, Rogers proposed to distribute CKXT-TV on channel 16 on its Orangeville, Erin/Caledon and Grand Valley systems and on channel 15 for the remainder of the above-mentioned systems.
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2.
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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.
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3.
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CKXT-TV is an English-language television station operated by Craig Media Inc. (formerly Toronto One Inc.). Under the provisions of the Regulations, CKXT-TV is entitled to carriage on a channel beginning with the basic band as part of the basic service of Roger's Class 1 cable BDU's serving the locations noted above. Craig Media Inc. has, however, agreed to waive its right to carriage on a channel beginning with the basic band of these cable BDUs and supports the distribution arrangements proposed by Rogers.
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4.
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The Commission did not receive any interventions with respect to this application.
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5.
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Based on the evidence available to it, the Commission is satisfied that Rogers and Craig Media Inc. have reached an acceptable agreement regarding the channel placement of CKXT-TV and that the signal will continue to be carried as part of the basic service of the cable BDUs noted above. Accordingly, the Commission approves the application by Rogers, and relieves the licensees, by condition of licence, of the requirements of section 17 of the regulationswithrespect toCKXT-TV Toronto provided that it is distributed as part of the basic service.
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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: www.crtc.gc.ca
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Date Modified: 2003-10-16
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