ARCHIVED - Broadcasting Decision CRTC 2004-288
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Broadcasting Decision CRTC 2004-288 |
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| Ottawa, 23 July 2004 | |
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Saskatchewan Telecommunications Regina, Saskatoon, Moose Jaw, Prince Albert, Yorkton, Estevan, Weyburn, Swift Current, North Battleford, Battleford, White City and Pilot Butte, Saskatchewan |
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| Application 2004-0521-8 | |
Suspension of the provision set out in Broadcasting Decision CRTC 2002-286 relating to the requirements regarding non-simultaneous program deletion |
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1. |
The Commission received an application by Saskatchewan Telecommunications (SaskTel) to suspend the provision set out in Distribution of additional signals on a discretionary digital basis, Broadcasting Decision CRTC 2002-286, 11 September 2002, (Decision 2002-286), relating to the requirements regarding non-simultaneous program deletion. |
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2. |
In Decision 2002-286, the Commission approved SaskTel's request to carry, on a discretionary digital basis, 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 SaskTel adhered to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations (the Regulations). |
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3. |
The decision also included the following provision designed to protect the program rights acquired by local broadcasters: |
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The distribution on a discretionary basis on the licensee's digital service of U.S. 4+1 signals, in addition to the set of such signals already carried by the system, and of Canadian television signals provided for in the List, 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 BDU Regulations. The Commission may suspend the application of this provision in respect of a signal, upon its approval of an executed agreement between the licensee and the broadcaster concerned. 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 of distant Canadian television signals solely on the licensee's digital service, as approved in this decision. |
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4. |
In support of its application, SaskTel indicated that it had reached a comprehensive agreement with the Canadian Association of Broadcasters (CAB) and provided a copy of the agreement. |
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5. |
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 Canadian distant signals and the U.S. 4+1 signals, and the list of the Canadian distant signals that SaskTel may carry. |
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6. |
The agreement is for a two-year term ending 12 August 2006. |
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In light of the agreement between the two parties, the Commission suspends the application of the provision set out in Decision 2002-286 requiring the licensee to adhere to the requirements regarding non-simultaneous program deletion with respect to these signals. |
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8. |
The Commission notes that, in the event that the agreement between SaskTel and the CAB is terminated at any time or if it is not renewed upon expiry, the provision will no longer be suspended, and SaskTel 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. |
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9. |
The application and the agreement executed between SaskTel and the CAB will be placed on the public file. |
| 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: 2004-07-23
- Date modified: