ARCHIVED - Broadcasting Decision CRTC 2004-416

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Broadcasting Decision CRTC 2004-416

  Ottawa, 21 September 2004
  Rogers Cable Communications Inc.
Owen Sound, Ontario
  Application 2004-0454-1
Broadcasting Public Notice CRTC 2004-42
21 June 2004
  Authorization to alter and delete certain U.S. signals and substitute the signal CKXT-TV Toronto
  The Commission approves the application for a condition of licence authorizing the licensee, for a twelve-month period, to alter and delete the signals of WKBW-TV (ABC), WIVB-TV (CBS), WGRZ-TV (NBC), WUTV (FOX) and WNED-TV (PBS) Buffalo, New York and to substitute the signal of CKXT-TV Toronto, when this station simultaneously broadcasts the same programming as that offered on the Buffalo stations.
 

The application

1.

The Commission received an application by Rogers Cable Communications Inc. (Rogers) to amend the broadcasting licence for its cable broadcasting distribution undertaking (BDU) serving Owen Sound in order to authorize the licensee, by a condition of licence that would be effective for a twelve-month period, to alter and delete the signals of WKBW-TV (ABC), WIVB-TV (CBS), WGRZ-TV (NBC), WUTV (FOX) and WNED-TV (PBS) Buffalo, New York, and to substitute the signal of CKXT-TV Toronto on occasions when this station simultaneously broadcasts the same programming as that offered on the Buffalo stations.

2.

The Commission did not receive any interventions in connection with this application.

3.

In support of its application, Rogers stated that its network architecture, which was established prior to CKXT-TV's launch in September 2003, is designed to create centralized feeds of the signals of WKBW-TV, WIVB-TV, WGRZ-TV, WUTV and WNED-TV Buffalo (the U.S. 4+1 signals) for distribution throughout a number of systems in and around the Greater Toronto Area (GTA), including Owen Sound. With the launch of CKXT-TV, however, the substitution requirements in the GTA and Owen Sound now differ, mainly because CKXT-TV is not a priority signal for the Owen Sound cable BDU. As a result, Rogers does not distribute CKXT-TV in Owen Sound and is, therefore, not authorized under the Broadcasting Distribution Regulations to substitute CKXT-TV's signal over the U.S. 4+1 signals in Owen Sound.

4.

Rogers stated that its existing network architecture could be modified to exclude CKXT-TV's substitutions from the feeds of the Buffalo stations sent to Owen Sound. Rogers submitted that, while such modifications are possible, they would require a capital investment of at least $100,000 and would take approximately five to six months to implement.

5.

Rogers stated that its engineers have been investigating digital signal insertion technology to support the implementation of simultaneous substitutions for Canadian digital television stations over other digital channels, such as the U.S. 4+1 signals. Rogers explained that this technology can also be utilized at its local head ends to perform analog simultaneous substitutions on a system-by-system basis. According to Rogers, this would give it the capability to distribute the appropriate analog U.S. 4+1 signal feeds in Owen Sound without CKXT-TV's substitutions. Rogers also noted that this alternative can be implemented without incurring the $100,000 capital investment.

6.

Rogers explained that, while this technology has been ratified by the Society of Cable Telecommunications Engineers Digital Video Systems Committee, it was not yet at a state where it could be implemented. Rogers estimated that the integration of digital signal insertion technology with related control elements (e.g., software) should be completed by late 2004 for deployment in Rogers' systems by early 2005.

7.

Given the small size of its customer base in Owen Sound, Rogers expressed the view that an investment of $100,000 in technology that will soon be obsolete is not warranted. Accordingly, Rogers requested a condition of licence that would be effective for twelve months in order to allow it to continue substituting CKXT-TV over the U.S. 4+1 stations in Owen Sound until the digital signal insertion technology can be implemented.
 

The Commission's analysis and determination

8.

The Commission notes the relatively limited duration of the authority requested, as well as Rogers' argument that a more immediate solution would require an investment of $100,000 in what will soon be obsolete technology. In the circumstances, the Commission considers that it is appropriate to grant the requested condition of licence for a period of one year.

9.

Accordingly, the Commission approves the application by Rogers Cable Communications Inc. to amend the broadcasting licence for its cable BDU serving Owen Sound and authorizes the licensee, by condition of licence, to alter and delete the signals of WKBW-TV (ABC), WIVB-TV (CBS), WGRZ-TV (NBC), WUTV (FOX) and WNED-TV (PBS) Buffalo, New York, and to substitute the signal of CKXT-TV Toronto on occasions when this station simultaneously broadcasts the same programming as that offered on these Buffalo stations, for a twelve-month period, ending 21 September 2005.
  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: 2004-09-21

Date modified: