ARCHIVED - Broadcasting Decision CRTC 2004-111
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
Broadcasting Decision CRTC 2004-111 |
|
| Ottawa, 12 March 2004 | |
|
TELUS Communications Inc. Calgary, Edmonton (including St. Albert, Sherwood Park, Spruce Grove and Stony Plain), Fort McMurray, Grande Prairie, Lethbridge, Medicine Hat and Red Deer, Alberta; Kamloops, Kelowna, Nanaimo, Penticton, Prince George, Terrace, Vancouver (including Lower Mainland and Fraser Valley), Vernon and Victoria, British Columbia |
|
| Application 2003-1542-5 | |
Suspension of the provision set out in Broadcasting Decision CRTC 2003-407 relating to the requirements regarding non-simultaneous program deletion |
|
|
1. |
The Commission received an application by TELUS Communications Inc. (TELUS) to suspend the provision set out in Regional broadcasting distribution undertakings in Alberta and British Columbia, Broadcasting Decision CRTC 2003-407, 20 August 2003, (Decision 2003-407), relating to the requirements regarding non-simultaneous program deletion. |
|
2. |
In Decision 2003-407, the Commission approvedapplications by TELUS, a regulated provider of telephony services in Alberta and British Columbia, to operate terrestrial broadcasting distribution undertakings (BDUs) to serve various communities in these provinces. |
|
3. |
In that decision, the Commission also authorized TELUS to carry a second set of 4+1 U.S. signals and all distant Canadian signals contained in the List of Part 3 eligible satellite services, as set out in Revised lists of eligible satellite services, so long as TELUS adheres to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations (The Regulations). |
|
4. |
The decision also included the following provision designed to protect the program rights acquired by local broadcasters: |
|
The distribution of a second set of U.S. 4+1 signals on a digital discretionary basis, in addition to the set of such signals already carried by the system, and of Canadian distant signals contained in the List of Part 2 Eligible Satellite Services, 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 Broadcasting Distribution Regulations. The Commission may suspend the application of this provision upon its approval of an executed agreement between the licensee and broadcasters. 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 signals and Canadian distant signals solely on the applicant's digital service, as approved in this decision. |
|
|
5. |
In its current application, TELUS indicated that it had reached a comprehensive agreement with the Canadian Association of Broadcasters (CAB) and provided a copy of the agreement. |
|
6. |
The agreement offers two streams of compensation in lieu of program deletion and opportunities for simultaneous substitution in addition to those that exist under section 30 of the Regulations. The agreement also contains terms and conditions with respect to: |
|
|
|
|
|
7. |
The agreement is for a three-year term ending 12 August 2006. |
|
8. |
In light of the agreement, TELUS requested that the provision set out in Decision 2003-407 relating to the requirements regarding non-simultaneous program deletion be suspended. |
|
9. |
In light of the agreement between the two parties, the Commission suspends the application of the provision that the licensee adhere to the requirements regarding non-simultaneous program deletion. |
|
10. |
The Commission notes that, in the event that the agreement between TELUS and the CAB is terminated at any time or if it is not renewed upon expiry, the provision will no longer be suspended, and TELUS will once again be required, in accordance with the provision, to adhere to the requirements regarding non-simultaneous program deletion set out in the Regulations. |
|
11. |
As confirmed by TELUS, the application by TELUS and the agreement executed between TELUS and the CAB will be placed on the public file. |
| 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: http://www.crtc.gc.ca |
Date Modified: 2004-03-12
- Date modified: