ARCHIVED - Broadcasting Public Notice CRTC 2004-35

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Broadcasting Public Notice CRTC 2004-35

  Ottawa, 28 May 2004
  The Commission has received the following applications:


2 July 2004




Encore Avenue Ltd.
British Columbia, Alberta, Saskatchewan, Manitoba, Nunavut, Yukon Territory and Northwest Territories


Vidéotron ltée
Montréal, Québec, Sherbrooke, Saguenay, Cap-de-la-Madeleine, Montréal and/et Laval, Ascot Corner, Buckingham, Coaticook, Cowansville, East Angus, Gatineau, Granby, Lachute, La Pocatière, Lennoxville, Rivière-du-Loup, Sorel, Terrebonne and Waterloo, Quebec; and Rockland, Ontario


Rogers Cable Communications Inc./Communications Rogers Câble inc.
Ottawa, St. Thomas, Strathroy and Tillsonburg, Ontario


902890 Alberta Ltd.
Wetaskiwin, Alberta


British Columbia, Alberta, Saskatchewan, Manitoba, Nunavut, Yukon Territory and Northwest Territories
Application No. 2003-1664-7
  Application by ENCORE AVENUE LTD. (formerly MOVIEMAX! LTD.) to amend the licence of the pay television undertaking formerly known as MovieMax! and now operating as Encore Avenue and Comic Strip (Encore Avenue).
  Encore Avenue is currently an encrypted, discretionary pay television service available in Western Canada.
  The licensee is seeking the authority to permit the distribution of Encore Avenue as an unencrypted service to allow it to be distributed on a discretionary analog tier.
  The applicant submitted that the proposed change is necessary to address the competitive imbalance created by the current carriage restrictions and the numerous discretionary services offering similar programming without the encryption restriction.
  When asked if Encore Avenue would consider increasing its Canadian content and program expenditures upon approval of this application, Encore Avenue proposed that its current Canadian content requirement be maintained until it meets its revenue forecast for 2004 at which time it would be in a position to increase from 20% to 25%. Encore Avenue further submitted that any change in Canadian content would need to be linked to an expansion of its nature of service to include the addition of program categories 7a (On-going dramatic series) and 7b (On-going comedy series) copyrighted at least five years before they are to be distributed.
  Encore Avenue also submitted that an increase in Canadian programming expenditures would not be warranted in light of its declining revenue and underperformance relative to the projections it had filed at licence renewal.
  Licensee's address:

181 Bay Street, Suite 1630
Toronto, Ontario
M5J 2T3
Fax: (416) 642-3779
  Examination of application:

At the licensee's address

[Intervention/comments form]


Montréal, Québec, Sherbrooke, Saguenay, Cap-de-la-Madeleine, Montréal and Laval, Ascot Corner, Buckingham, Coaticook, Cowansville, East Angus, Gatineau, Granby, Lachute, La Pocatière, Lennoxville, Rivière-du-Loup, Sorel, Terrebonne and Waterloo, Quebec; and Rockland, Ontario
Application no 2003-1111-8
  Application by VIDÉOTRON LTÉE on its behalf and on behalf of its subsidiaries CF CABLE TV INC. and VIDEOTRON (REGIONAL) LTD., collectively known as "Vidéotron" (the applicant), to amend the licences of the cable distribution undertakings serving the above localities.
  The applicant proposes to distribute the following set of four U.S. commercial network signals: KOMO-TV (ABC) Seattle, Washington, KING-TV (NBC) Seattle, KIRO-TV (CBS) Seattle and KCPQ (FOX) Tacoma, Washington. These signals will be selected from the list of Part 3 Eligible Satellite Services (the Part 3 list).
  The applicant also proposes to distribute Canadian signals included on the Part 3 list. These Canadian stations are those which can presently be distributed by Class 3 cable systems.
  The applicant has stated that these services would be offered on a discretionary basis and as part of its digital service offering.
  The applicant submitted that the U.S. commercial network signals for which it is seeking authority to distribute will constitute a third set of such signals that it will distribute. The applicant indicated that it would accept a condition of licence that would prohibit it from distributing to any subscriber more than two sets of U.S. commercial network television signals.
  The applicant has also agreed to accept a provision of approval serving to protect the program rights of local broadcasters similar to the provision set out in Carriage of Canadian and U.S. 4+1 signals on a digital basis, Decision CRTC 2000-437, 8 November 2000. The applicant submitted a copy of an executed agreement with the Canadian Association of Broadcasters regarding the distribution, on a discretionary basis, of the signals referred to herein.
  Applicant's address:

6th Floor
300 Viger Avenue East
Montréal, Quebec
H2X 3W4
Fax: (514) 380-4664
  Examination of application:

TCV Cap-de-la-Madeleine
190 Fusey Street, Suite 101
Trois-Rivières (zone Cap-de-la-Madeleine), Quebec

Vidéotron ltée
2200 Jean-Perrin Street
Québec, Quebec

Vidéotron ltée
300 Viger Avenue East
Montréal, Quebec

TCV Saguenay
1 Mont Ste-Claire
Saguenay (zone Chicoutimi), Quebec

SuperClub Vidéotron
379 Bois-Francs Boulevard South
Victoriaville, Quebec

TCV Sherbrooke
3330 King Street West, Suite 182
Sherbrooke, Quebec

TCV Buckingham and Masson Angers
150 MacLaren Street East
Gatineau (zone Buckingham), Quebec

TCV Granby
611 Cowie Street
Granby, Quebec

TCV Outaouais
190 Edmonton Street
Gatineau (zone Hull), Quebec

TCV Argenteuil
335 A Grâce Street
Lachute, Quebec

TCV La Pocatière
88 - 11th Avenue
La Pocatière, Quebec

TCV Rivière-du-Loup
279-A Lafontaine Street
Rivière-du-Loup Quebec

TCV Rockland
954 Giroux Street
Rockland, Ontario

TCV Sorel
256 des Patriotes Road
Sorel, Quebec

Télévision régionale des Moulins
1284 Saint-Henri Road
Mascouche, Quebec

[Intervention/comment Form]


Ottawa, St. Thomas, Strathroy and Tillsonburg, Ontario
Application No. 2004-0220-7
  Application by ROGERS CABLE COMMUNICATIONS INC. to amend the licences of the cable distribution undertakings serving the above-mentioned locations.
  The applicant seeks authority to substitute, at their option, signals of WGRZ-TV (NBC), WIVB-TV (CBS), WKBW-TV (ABC) and WUTV (FOX) Buffalo, New York for the corresponding Detroit, Michigan signals. The applicant proposes to carry the Buffalo signals only when all of the following criteria are met:
            1. the Detroit signals are of poor quality;

2. the program carried on both the Buffalo and Detroit stations is the same (episode for episode); and


3. the program distributed by the licensees is not subject to a program substitution request by a local or regional Canadian broadcaster.

  Licensee's address:

Rogers Cable Inc.
333 Bloor Street East
7th floor
Toronto, Ontario
M4W 1G9
Fax: (416) 935-4875
  Examination of application:

Rogers Cable
475 Richmond Road
Ottawa, Ontario

Rogers Television
308 Wellington Street
St. Thomas, Ontario

Rogers Television
800 York Street
London, Ontario

Rogers Video
164 Broadway, #1
Tillsonburg, Ontario

[Intervention/comment Form]


Wetaskiwin, Alberta
Application No. 2003-1236-4
  Application by 902890 ALBERTA LTD. (known as Tag Broadcasting) relative to the licence of  radio programming undertaking CIHS-FM Wetaskiwin.
  The licensee proposes to change the authorized contours by increasing the effective radiated power from 50 watts to an average effective radiated power of 1,700 watts by increasing the antenna height and by relocating the transmitter (maximum effective radiated power 6,000 watts/ antenna height 70 metres).
  The licensee indicated that the antenna height would be increased from 50 metres to 70 metres.
  The licensee indicated that the transmitter would be relocated to a site approximately 2.7 kilometres northwest from the current site.
  The Commission notes that the increase in power would result in a change of the CIHS-FM's status from a low power unprotected service to a regular Class A FM station.
  Licensee's address :

5216 - 50 Avenue
Wetaskiwin, Alberta
T9A 0S8
Fax : (780) 352-2502
E-mail :
  Examination of application

At the licensee's address

[Intervention/comment Form]






2 July 2004

  The intervention must be received by the CRTC and by the applicant ON OR BEFORE the above-mentioned date. The Commission cannot be held responsible for postal delays.
  Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions.
  Submit your written intervention to the Secretary General of the Commission in ONLY ONE of the following formats:

by using the link to the intervention/Comment form located below the description of each application within this public notice.




by electronic mail to




by mail at
CRTC, Ottawa, Ontario, K1A 0N2




by fax to the
Secretary General - (819) 994-0218

  A true copy MUST be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.
  Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.
  Each paragraph of the document should be numbered.
  Your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds for your proposal.

All information submitted, including your email address, name and any other personal information as provided, will be posted on the Commission's web site. Documents received in electronic format will be posted on the Commission's web site exactly as you send them, and in the official language and format in which they are received. Documents not received electronically will be available in .pdf format.
  An electronic version of applications is available from the Commission's web site by selecting the application number within this notice.
  A list of all interventions/comments will also be available on the Commission's web site. An electronic version of all interventions/comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission's web site.
  Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within 2 working days, at any other CRTC offices and documentation centres.
  Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
FAX: (819) 994-0218



Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 - TDD: 426-6997
FAX: (902) 426-2721
  405 de Maisonneuve Blvd East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607
FAX: (514) 283-3689
  55 St. Clair Avenue East, Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
FAX: (416) 954-6343
  Kensington Building
275 Portage Avenue, Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
FAX: (204) 983-6317
  Cornwall Professional Building
2125 - 11th Avenue, Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
FAX: (306) 780-3319
  10405 Jasper Avenue, Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
FAX: (780) 495-3214
  530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
FAX: (604) 666-8322
  This document is available in alternative format upon request and may also be examined at the following Internet site:
  Secretary General
Date modified: