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ARCHIVED - Broadcasting Decision CRTC 2004-353

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Broadcasting Decision CRTC 2004-353

  Ottawa, 17 August 2004
  Rogers Cable Communications Inc.
Ottawa; London (South); St. Thomas;
and Strathroy, Ontario
  Application 2004-0260-3
Broadcasting Public Notice CRTC 2004-41
17 June 2004
 

Application for relief from section 17 of the Broadcasting Distribution Regulations

  The Commission approves the application by Rogers Cable Communications Inc. to be relieved of the requirement to distribute CITS-TV Hamilton as part of the basic service beginning with the basic band (channels 2 to 13). CITS-TV must still be distributed as part of the basic service, but may be distributed outside the basic band.

1.

The Commission received an application by Rogers Cable Communications Inc. (Rogers), the licensee of the Class 1 cable broadcasting distribution undertakings (BDUs) serving Ottawa, London (South) and St. Thomas and the Class 2 cable BDU serving Strathroy. 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 CITS-TV Hamilton as part of the basic service of each of these cable BDUs beginning with the basic band (channels 2 to 13). Instead, Rogers proposed to distribute CITS-TV as part of the basic service of each of these cable BDUs, but on a channel outside the basic band.

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 and Class 2 BDUs. Section 17(2) of the Regulations states that these services must be distributed on a channel beginning with the basic band.

3.

CITS-TV is an English-language television station operated by Crossroads Television System (Crossroads). Under the provisions of the Regulations, CITS-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 BDUs serving Ottawa, London (South), St. Thomas and its Class 2 cable BDU serving Strathroy. Crossroads has, however, agreed to waive its right to carriage on a channel beginning with the basic band of each of these cable BDUs and supports the distribution arrangement proposed by Rogers.

4.

The Commission did not receive any interventions with respect to this application.

5.

Based on the evidence available to it, the Commission is satisfied that Rogers and Crossroads have reached an acceptable agreement regarding the channel placement of CITS-TV and that the signal will continue to be carried as part of the basic service of the cable BDUs serving the communities noted above. Accordingly, the Commission approves the application by Rogers Cable Communications Inc., and relieves the licensee, by condition of licence, of the requirements of section 17 of the Regulations with respect to CITS-TV Hamilton, provided that it is distributed as part of the basic service of the cable BDUs serving Ottawa, London (South), St. Thomas and Strathroy.
  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: 2004-08-17

Date modified: