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Broadcasting Public Notice CRTC 2004-71

  Ottawa, 16 September 2004
 

Revised lists of eligible satellite services

  The Commission approves the addition of the non-Canadian services MSNBC and Bloomberg Television to its lists of eligible satellite services for distribution on a digital basis. The Commission also amends the lists of eligible satellite services to reflect the change in name, to TRACE TV, of the non-Canadian music service formerly known as Tropic.
  The four lists appended to this public notice supersede the lists appended to Revised lists of eligible satellite services, Broadcasting Public Notice CRTC 2004-52, 15 July 2004.
 

Request to add MSNBC

1.

The Commission received a request dated 2 July 2003 from Shaw Communications Inc. (Shaw) and Rogers Cable Inc. (Rogers) that it amend the lists of eligible satellite services by adding MSNBC, a non-Canadian service, to the Part 2, Part 3 and DTH lists of eligible satellite services for digital distribution (the digital lists).

2.

As described by Shaw and Rogers, MSNBC is a U.S. cable news network that delivers up-to-the-minute-news and independent news analysis from around the globe. MSNBC relies on the news gathering resources of NBC News, and more than 200 NBC network affiliates. Its prime-time programming features live discussions, investigative reports, news features, and documentaries that focus on the latest current events.

3.

In New Category 2 specialty television services approved, Decision CRTC 2000-650, 24 November 2000, the Commission approved an application by Shaw, Rogers and their U.S. partner MSNBC Cable, LLC, for a broadcasting licence to carry on a new Category 2 specialty television service to be known as MSNBC Canada. This Canadian specialty service was launched in September 2001 and is currently distributed on a digital basis by many Class 1 and Class 2 cable broadcasting distribution undertakings (BDUs) in Canada, as well as by the national, direct-to-home (DTH) BDU operated by Star Choice Communications Inc.

4.

In their request to have MSNBC added to the digital lists, Rogers and Shaw stated that they and their U.S. partner in MSNBC Canada have found the unique programming challenges presented by offering a 24-hour breaking news format, including adherence to MSNBC Canada's requirements for Canadian programming, to be financially burdensome beyond expectation. In addition, according to Shaw and Rogers, subscribers consider the Canadian programming inserted in the program schedule to be disruptive. Shaw and Rogers indicated that they have concluded that, as a consequence of these factors, MSNBC Canada will not achieve viability over the long term.

5.

Accordingly, Rogers and Shaw advised that, regardless of the Commission's decision concerning their request, their intention, ultimately, is to surrender the licence and discontinue the operation of MSNBC Canada. Provided the current request is approved in a timely manner, however, they indicated that their intention would be to continue to operate MSNBC Canada until they can effect a relatively seamless conversion of MSNBC Canada subscribers to the non-Canadian service MSNBC.
 

Request to add Bloomberg Television

6.

The Commission received a letter dated 27 May 2003 from Shaw requesting that the Commission add the international U.S.-based financial service known as Bloomberg Television (Bloomberg) to the digital lists. According to Shaw, this non-Canadian service focuses primarily on international business and financial information provided exclusively by Bloomberg LP.

7.

In New Category 2 specialty television services approved, Decision CRTC 2000-474, 24 November 2000, the Commission approved an application by Shaw, through its subsidiary 869933 Alberta Ltd., for a broadcasting licence to carry on a new Category 2 specialty service to be known as Bloomberg Television Canada (Bloomberg Canada). According to the general conditions of licence attached to the Category 2 services, as set out in Introductory statement - Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171, 14 December 2000, these services were to be launched by 24 November 2003. In its letter, Shaw advised the Commission that it no longer planned to launch Bloomberg Canada and submitted that Bloomberg would serve as an alternative to Bloomberg Canada, would constitute a valuable addition to the digital lists and would help to stimulate growth in the subscriber base for Canadian digital services.
 

The proceeding

8.

In Call for comments on proposals for the addition of non-Canadian satellite services to the list of services eligible for digital distribution, Broadcasting Public Notice CRTC 2003-67, 18 December 2003 (Public Notice 2003-67), the Commission called for comments, to be filed by 12 February 2004, on the requests described above. In Public Notice 2003-67, the Commission stated that it was satisfied that the sponsors had provided the supporting information required in order for it to consider the requests, as stipulated in Call for proposals to amend the lists of eligible satellite services through the inclusion of additional non-Canadian services eligible for distribution on a digital basis only, Public Notice CRTC 2000-173, 14 December 2000 (Public Notice 2000-173). The supporting information included:
 
  • evidence that the non-Canadian service has agreed to be sponsored by the Canadian party filing the proposal;
 
  • a statement from the service provider that it has obtained all necessary rights for distribution of its programming in Canada;
 
  • a brief description of the service;
 
  • a copy of the current program schedule;
 
  • evidence of potential demand, as gathered through discussions with distributors; and
 
  • an undertaking from the non-Canadian service provider that it does not hold, will not obtain, nor will it exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada.

9.

In Public Notice 2003-67, the Commission noted that it intended to assess the requests in the context of its general policy, which precludes the addition of new non-Canadian satellite services that can be considered either totally or partially competitive with Canadian specialty or pay television services. The Commission added that, in applying this policy, it would take into account all specialty and pay television services whose licence applications have been approved to date, including all Category 1 and Category 2 specialty and pay television services, whether or not those services have been launched.
 

Summary of comments received

10.

Twenty-four comments were filed by parties supporting the addition of MSNBC to the digital lists, while two parties supported the addition of Bloomberg. The Canadian Cable Television Association (CCTA) filed comments supporting the addition of both services.

11.

Comments opposed to the addition of MSNBC to the digital lists were filed by four parties, including one individual, the Canadian Broadcasting Corporation (CBC), the Canadian Association of Broadcasters (CAB) and CTV Television Inc. (CTV), the licensee of the specialty television service known as CTV Newsnet (Newsnet). CTV, in its capacity as licensee of the specialty service Report on Business Television (ROBTv), also filed a submission opposing the request to add Bloomberg.
 

Comments relating to both MSNBC and Bloomberg

12.

The CCTA, in support of both MSNBC and Bloomberg, argued that the addition of these services to the digital lists would provide Canadian viewers with access to new sources of news and financial information that would complement existing Canadian services. It added that their addition would also respond to consumer demand for greater choice, and would stimulate growth in the digital subscriber base, to the direct benefit of all Canadian digital services.

13.

Those opposed to the addition of both services submitted that they would be competitive with licensed Canadian specialty services, particularly ROBTv in the case of Bloomberg, and Newsnet in the case of MSNBC. The CAB argued that adding these services to the digital lists would be contrary to the objectives of the Canadian broadcasting system, would be to the detriment of licensed broadcasters, and would result in a weakening of Canadian voices and perspectives in the coverage of news and financial matters. The CBC stated that both services are, in fact, competitive with several licensed Canadian services, particularly the business service ROBTv and the headline news service Newsnet.

14.

Comments in opposition to the addition of the two services to the digital lists also expressed concern that approval of the requests would create undesirable precedents. Specifically, they suggested that their approval might encourage parties to launch Category 2 hybrid services in partnership with non-Canadian services, only to cease their operation, then point to the demand their services had created for the programming as justification for the addition of the non-Canadian services to the digital lists.
 

Comments addressed specifically to MSNBC

15.

The CCTA submitted that MSNBC offers unique programming and is neither totally nor partially competitive with any licensed Canadian pay or specialty service. The CCTA also claimed that the Commission has already recognized that non-Canadian news and information satellite services, such as CNN and CNN Headline News, are not competitive with licensed Canadian services operating in similar formats.

16.

MTS Communications Inc. (MTS) submitted that moving forward with the non-Canadian version of MSNBC would be preferable to terminating the programming service entirely. Several individuals argued that the "complete" MSNBC service should be made available, on the grounds that the insertion of Canadian content in MSNBC Canada overrides the U.S.-originated programming and is disruptive. These individuals also considered the Canadian content on MSNBC Canada to be outdated and of inferior quality.

17.

CTV argued that MSNBC would be at least partially competitive with Newsnet and that, given the popularity of the MSNBC programming in the U.S., the addition of this non-Canadian service to the digital lists would have a serious, detrimental impact on Newsnet's audience and revenues. CTV added that the MSNBC service would not add diversity, as NBC already has a presence in Canada as one of the U.S. 4+1 television networks whose signals are distributed by BDUs and are broadly available in many communities off air, and through the inclusion in the lists of eligible satellite services and distribution by BDUs of the non-Canadian satellite service owned by NBC and known as Consumer News and Business Channel (CNBC).
 

Comments addressed specifically to Bloomberg

18.

In its comment supporting the addition of Bloomberg to the digital lists, the CCTA noted that, because the Commission, at the time of its licensing, did not find the Canadian Category 2 service Bloomberg Canada to be competitive with existing Canadian pay or specialty services, it would be difficult to conclude other than that the non-Canadian Bloomberg service is, likewise, neither totally nor partially competitive with existing Canadian services. CTV disagreed with this view, and contended that Bloomberg would be competitive with ROBTv. CTV referred to Revised List of Eligible Satellite Services, Public Notice CRTC 1997-96, 22 July 1997, in which the Commission did not add Bloomberg to its lists of eligible satellite services because Bloomberg was, at that time, deemed to be competitive with ROBTv. CTV noted, among other things, that both services have similar formats, are targeted to individual and retail investors as well as to financial professionals, offer minute-by-minute coverage of the market day, and often interview the same guests. According to CTV, the addition of Bloomberg would seriously threaten the viability of ROBTv.

19.

CTV also noted that ROBTv airs Bloomberg programming between 6:00 a.m. and 8:00 a.m., Monday through Friday, and expressed concern about losing access to Bloomberg's highly popular programming if Bloomberg were added to the digital lists. CTV also submitted that the presence of the same two hours of programming each weekday on the Bloomberg service and on ROBTv would have an adverse impact on the latter service.
 

Comments by Rogers and Shaw in reply

20.

Rogers noted that its request to have MSNBC added to the digital lists is being considered by the Commission against the background of the appropriate policies and standards established by the Commission for reviewing such requests. Rogers added that it has proposed the addition of MSNBC to the digital lists, not to circumvent the Commission's licensing process, but because it wishes to ensure the relatively seamless conversion of subscribers from MSNBC Canada to MSNBC, thereby minimizing the potential for subscriber confusion or frustration.

21.

Rogers also stated that MSNBC was not competitive with any Canadian service. It argued, among other things, that the Commission has authorized several non-Canadian news services, and has consistently recognized that non-Canadian news services are not competitive (either totally or in part) with Canadian news services. Rogers further stated that non-Canadian news services provide Canadian viewers with different news stories and editorial perspectives that complement rather than compete with Canadian news services. Rogers also noted that, unlike Newsnet, MSNBC provides more than just news and current affairs, including a significant component of news/talk programs focussed on editorial opinion and discussion.

22.

Shaw dismissed the view that the addition of Bloomberg would establish a policy precedent that would undermine the Commission's licensing process by discouraging the development of hybrid services. Shaw submitted that Bloomberg Canada would not be a viable undertaking. It argued, however, that this should not preclude access by Canadians to a valuable service that would add programming diversity to the broadcasting system and that would be complementary to rather than competitive with ROBTv.

23.

Shaw argued further that the content of ROBTv's programming can be completely differentiated from Bloomberg's programming, with the exception of the two-hour morning program on weekdays that ROBTv obtains from Bloomberg. According to Shaw, this small degree of programming overlap would not represent a degree of competitiveness that would justify keeping Bloomberg off the digital lists. In support of its position, Shaw stated:
 

Business news and information is a very large, expanding and important programming area for Canadians. There are literally hundreds of thousands of companies listed on indices around the world and thousands of mutual funds on which to report. There are a vast array of different forms of equity and debt investment vehicles and new investment vehicles being constantly developed. There is a plethora of economic news and developments influencing world markets on which to comment. All such information is of potential interest to individual investors as well as the army of professionals engaged in managing the investments of others. No single service could possibly cover all the pertinent domestic and international business news and information desired by Canadians.

24.

Shaw also noted that the Commission has in the past approved the distribution of non-Canadian services that were targeted at precisely the same viewers and provided many of the same programs or program types as established Canadian specialty services. With respect to ROBTv's concerns about losing access to the two-hour morning block of Bloomberg programming, Shaw submitted a letter from Bloomberg confirming its intention to honour its current agreement with ROBTv and its willingness to renew the agreement when it expires in two and a half years.
 

The Commission's analysis

 

Assessing competitiveness

25.

As noted above, the Commission's approach to the addition of non-Canadian services to the digital lists generally precludes the addition of new non-Canadian satellite services that can be considered either totally or partially competitive with Canadian specialty or pay services whose licence applications have been approved to date, including all analog specialty and pay television services, as well as Category 1 and Category 2 specialty and pay programming services. In the Commission's view, this approach has appropriately balanced the following objectives set out in section 3(1) of the Broadcasting Act:
 
  • the Canadian broadcasting system should serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada (section 3(1)(d)(i));
 
  • the Canadian broadcasting system should encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view (section 3(1)(d)(ii));
 
  • the Canadian broadcasting system should through its programming and the employment opportunities arising out of its operations, serve the needs and interests, and reflect the circumstances and aspirations, of Canadian men, women and children, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of aboriginal peoples within that society (section 3(1)(d)(iii));
 
  • the programming provided by the Canadian broadcasting system should be varied and comprehensive. (section 3(1)(i)(i));
 
  • the programming provided by the Canadian broadcasting system should be drawn from local, regional, national and international sources (section 3(1)(i)(ii));
 
  • the programming provided by the Canadian broadcasting system should provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern (section 3(1)(i)(iv)); and
 
  • distribution undertakings should give priority to the carriage of Canadian programming services. (section 3(1)(t)(i)).

26.

The Commission uses a case-by-case approach in assessing competitiveness. In making its assessment, the Commission considers such factors as the nature of the service and genre of programming provided by the relevant Canadian and non-Canadian services and the target audience, taking into account the language of the service. The Commission compares these factors as they relate to the relevant services in order to determine the amount of overlap between them, and thus the extent to which they might compete with each other. The more significant the overlap in terms of the nature of service, including the genre of programming, target audience, language and program source, the more likely it is that the non-Canadian service will be found to be competitive with a Canadian service.

27.

The Commission also considers relevant the extent to which a proposed non-Canadian service may be a program supplier for an authorized Canadian service and takes into account the relevant concerns raised by interveners.
 
MSNBC

28.

Having examined MSNBC's program schedule and service description, and having reviewed the record of this proceeding, the Commission finds MSNBC to be a general news service, presenting a wide variety of news and information that would appeal to a broad audience. Rogers and Shaw described MSNBC's news programming as including live discussions, investigative reports, news features, and documentaries focussing on the latest current events. According to the sponsors, the MSNBC program schedule offers frequent headline updates and, from 5:00 a.m. to 6:00 p.m., continually presents breaking news, features, and live reports with live anchors in studio. From 6:00 p.m. to midnight, MSNBC airs a series of one to two hour-long programs with well-known anchor hosts, which continue to present breaking news and feature interviews.

29.

In assessing whether MSNBC would be totally or partially competitive with Canadian specialty or pay television services, the Commission notes that MSNBC has a breaking news component that is similar to that of Newsnet. However, MSNBC also relies extensively on long-form news programming. This long-form programming is often presented as discussion within a talk show-style format that gives emphasis to the expression of editorial opinion on news-related events by hosts and personalities. Neither Newsnet nor CBC Newsworld (Newsworld) relies to a significant degree on this type of talk show-style programming.

30.

In its comments, CTV provided a comparison of the stories covered by Newsnet during one particular news day with those covered by MSNBC. In the Commission's view, the comparison indicates that, while both services provided coverage of the major world news stories of the day, MSNBC offered no Canadian coverage and provided an additional focus on the United States primary race. By contrast, the Newsnet newscasts offered many Canadian news events from various parts of the country throughout the day.
 
Bloomberg

31.

Following a similar examination of Bloomberg's program schedule and service description, and having considered the record of this proceeding, the Commission finds Bloomberg to be a financial news service that focuses primarily on international business and financial news and information having an appeal to a more narrow audience than that of a general news service.

32.

In assessing whether Bloomberg would be totally or partially competitive with Canadian specialty or pay television services, the Commission notes that Bloomberg has a similar programming schedule structure to that of ROBTv. For example, both include coverage of pre- and post-market news, discussion and analysis, and ongoing market updates. Bloomberg's daytime schedule offers more coverage and commentary with respect to Wall Street, including the NYSE and NASDAQ, than does ROBTv. Bloomberg's 24-hour schedule also provides original live programming after 7:00 p.m. covering European and Asian/Pacific markets in the course of their trading days. By contrast, ROBTv offers predominantly Canadian programming that consists of coverage of Canadian financial and business events, in addition to coverage and commentary on Wall Street. As well, ROBTv's schedule after 9 p.m. consists primarily of repeat or paid programming such as infomercials.

33.

The Commission agrees with Shaw's assessment that, while the two services provide types of programs such as market updates, key business developments and analysis, "the content of each service is provided by different hosts, reporters, guests, analysts and experts, all with their unique perspectives on business news."

34.

While the Commission acknowledges the two hours of programming each morning on ROBTv that is identical with Bloomberg's programming, the Commission is satisfied that this, in itself, does not constitute a degree of overlap in the programming of the two services that would render the Bloomberg service totally or partially competitive with ROBTv. The Commission notes further that Bloomberg will continue to make this programming available to ROBTv, and has filed an undertaking with the Commission that it will not withhold rights to its programming. Bloomberg has also filed a letter confirming its intentions to honour and its willingness to renew its agreement with ROBTv with respect to this programming. In this regard, the Commission notes that the authorization for the distribution of all services on the digital lists is subject to the requirement that providers of non-Canadian services must not hold, nor try to obtain, nor exercise preferential or exclusive program rights in relation to the distribution of programming in Canada.
 

The Commission's determinations

 

Addition to the digital lists of MSNBC and Bloomberg

35.

In light of the above, the Commission is of the view that neither MSNBC nor Bloomberg is partially or totally competitive with any Canadian pay or specialty services. Accordingly, the Commission approves the request by Shaw Communications Inc. and Rogers Cable Inc. to add MSNBC to the digital lists and the request by Shaw Communications Inc. to add Bloomberg Television to the digital lists.
 

Change of name for Tropic to TRACE TV

36.

In Revised Lists of Eligible Satellite Services, Public Notice CRTC 2001-82, 13 July 2001, the Commission added the non-Canadian, French-language music service known as Tropic to the digital lists.

37.

In a letter to the Commission dated 19 December 2003, Bell ExpressVu Inc., (the general partner), and BCE Inc. and 4119649 Canada Inc. (partners in BCE Holdings G.P., a general partnership that is the limited partner), carrying on business as Bell ExpressVu Limited Partnership (ExpressVu) advised that the service previously known as Tropic had been renamed TRACE TV. ExpressVu proposed that the Commission revise the digital lists to reflect Tropic's change of name.

38.

In support of its proposal, ExpressVu filed the following documentation:
 
  • a description of the service which describes the ownership of TRACE TV and demonstrates that the programming service provided by TRACE TV is the same as that formerly provided by Tropic;
 
  • a copy of the Tropic French Broadcasting Licence amendment, signed by the Conseil supérieur de l'audiovisuel (CSA), the body regulating broadcasting in France, at the time Tropic became TRACE TV;
 
  • a TRACE TV program grid and a description of the programs as well as, for comparison, an old program grid for Tropic; and
 
  • a letter dated 25 November 2003 from TRACE TV to ExpressVu, stating that TRACE TV has the necessary rights for distribution of the programming in Canada, and will not hold, nor try to obtain, nor exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada.

39.

Based on the supporting documentation, the Commission is satisfied that Tropic has undergone a name change to TRACE TV. Accordingly, the Commission amends the digital lists, as set out in the appendix, to reflect the change of name from Tropic to TRACE TV.
  Secretary General
  This document is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca 
 

Appendix A to Broadcasting Public Notice CRTC 2004-71

 

List of Part 2 Eligible Satellite Services

Section A

   
  Learning and Skills Television of Alberta  
  Saskatchewan Communications Network (SCN)  
  Télé-Québec (STQ)  
  TVOntario (TVO and TFO)  
  Open Learning Agency (Knowledge Network)  
  Atlantic Satellite Network (ASN)  
  CFTU-TV Montréal IND*
  CBC English-language Television Service
CBC French-language Television Service 		 
  WHDH-TV Boston/WGRZ-TV Buffalo/WPTZ Burlington/
WDIV Detroit/WICU-TV Erie/KARE Minneapolis/
KHQ-TV Spokane/KING-TV Seattle 		NBC*
  WGBH-TV Boston/WNED-TV Buffalo/WETK Burlington/
WTVS Detroit/WQLN-TV Erie/KSPS-TV Spokane/KCTS-TV Seattle 		PBS*
  WBZ-TV Boston/WIVB-TV Buffalo/WCAX-TV Burlington/
WSEE-TV Erie/WTOL-TV Toledo/WCCO-TV Minneapolis/
KREM-TV Spokane/KIRO-TV Seattle/WWJ-TV Detroit 		CBS*
  WCVB-TV Boston/WKBW-TV Buffalo/WVNY Burlington/
WXYZ-TV Detroit/WJET-TV Erie/KSTP-TV Minneapolis/
KXLY-TV Spokane/KOMO-TV Seattle 		ABC*
  WUTV Buffalo/WFFF-TV Burlington/WFTC Minneapolis/
WUHF Rochester/KAYU-TV Spokane/KCPQ Tacoma/
WFXT-TV Boston 		FOX*
  ART America  
  The Arts and Entertainment Network (A&E)  
  BBC World  
  Black Entertainment Television (BET)  
  Cable News Network (CNN)  
  CNN Headline News (CNN-2)  
  Cable Satellite Public Affairs Network (C-Span)  
  Consumer News and Business Channel (CNBC)  
  Court TV  
  Deutsche Welle  
  The Filipino Channel  
  The Golf Channel  
  The Learning Channel  
  The Nashville Network (TNN)  
  Radio-France outre-mer (RFO1)*  
  The Silent Network (Kaleidoscope)  
  Speed Channel  
  TV Japan  
  TV Polonia  
  The Weather Channel (TWC)  
  WMNB-TV: Russian-American Broadcasting Company  
  Licensed pay audio programming undertaking(s)**  

Section B

   
  KSTW (IND) Tacoma/Seattle*  
  KTLA Los Angeles  
  KWGN Denver  
  WGN-TV Chicago  
  WPIX New York City  
  WSBK-TV Boston  
  WTBS Atlanta  
  WUAB-TV (IND) Cleveland*  
  WWOR-TV New York City  
  American Movie Classics  
  Comedy Central  
  Game Show Network  
  Lifetime Television  
  Playboy TV***  
  Turner Classic Movies  
* Received from a licensed SRDU
** A pay audio programming undertaking may not be used for linkage purposes for the distribution of any non-Canadian eligible satellite services.
*** Playboy TV is only authorized for distribution at the specific request of a subscriber. Distributors are not permitted to package Playboy TV in such a way that subscribers are obligated to purchase Playboy TV in order to purchase any other programming service. Distributors are required to take measures to fully block the reception of both the audio and video portions of Playboy TV to subscribers that request it not be receivable in their home (in either unscrambled or scrambled analog form).
  Authorization for the services in Sections A and B is subject to the following:
  - In the case of signals received from a licensed SRDU, ASN, the CBC English- and French-language Television Services and foreign satellite services, licensees are required to enter into the necessary contractual arrangements for such carriage.
  - Licensees that distribute a PBS signal received at the local head end by terrestrial transmission may distribute one PBS service received from a licensed SRDU. All other licensees may distribute a maximum of two PBS services received from a licensed SRDU. Licensees may not distribute the signal of more than one affiliate of the same commercial U.S. network, received from a licensed SRDU, unless otherwise authorized pursuant to a condition of licence.

Section C

 
  List of Part 2 Eligible Satellite Services for Digital Distribution Only
  Al Jazeera*
  ART Movies
  Bloomberg Television
  BVN-TV
  Canal SUR
  CineLatino
  Discovery Wings
  Eternal Word Television Network
  Eurochannel
  EuroNews
  Eurosportnews
  German TV
  Grandes Documentales de TVE
  KTO
  Mezzo
  MSNBC
  Muslim Television Ahmadiyya
  Network TEN (Australia)
  Oxygen Network
  Paris-Première
  Planète
  Romanian Television International (RTVI)
  RTV Palma
  The Scandinavian Channel
  TRACE TV
  TV Land
  TV3 Republic of Ireland
  TV3 Television Network (New Zealand)
  TV4 Television Network (New Zealand)
  Utilisima
* On the condition that the licensee has a condition of licence governing the distribution of Al Jazeera
  Authorization for the services in Section C is subject to the following:
  - Licensees are required to enter into the necessary contractual arrangements for carriage of these foreign satellite services.
  - Providers of these foreign services must have obtained and must remain in possession of all necessary rights for the distribution of their programming in Canada.
  - Providers of these foreign services must not hold, nor try to obtain, nor exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada.
 

Appendix B to Broadcasting Public Notice CRTC 2004-71

 

List of Part 3 Eligible Satellite Services

  Learning and Skills Television of Alberta  
  Saskatchewan Communications Network (SCN)  
  Télé-Québec (STQ)  
  TVOntario (TVO and/et TFO)  
  Open Learning Agency (Knowledge Network)  
  Atlantic Satellite Network (ASN)  
  Aboriginal Peoples Television Network (APTN)  
  CBC English-language Television Service
CBC French-language Television Service 		 
  The programming service of any licensed television programming undertaking*  
  WHDH-TV Boston/WGRZ-TV Buffalo/WPTZ Burlington/
WDIV Detroit/WICU-TV Erie/KARE Minneapolis/
KHQ-TV Spokane/KING-TV Seattle 		NBC
  WGBH-TV Boston/WNED-TV Buffalo/WETK Burlington/WTVS Detroit/
WQLN-TV Erie/KSPS-TV Spokane/KCTS-TV Seattle 		PBS*
  WBZ-TV Boston/WIVB-TV Buffalo/WCAX-TV Burlington/
WSEE-TV Erie/WTOL-TV Toledo/WCCO-TV Minneapolis/
KREM-TV Spokane/KIRO-TV Seattle/WWJ-TV Detroit 		CBS
  WCVB-TV Boston/WKBW-TV Buffalo/WVNY Burlington/WXYZ-TV
Detroit/ WJET-TV Erie/KSTP-TV Minneapolis/KXLY-TV Spokane/
KOMO-TV Seattle 		ABC*
  WUTV Buffalo/WFFF-TV Burlington/WFTC Minneapolis/WUHF Rochester/KAYU-TV Spokane/KCPQ Tacoma/WFXT-TV Boston FOX*
  KSTW Tacoma/Seattle IND*
  WUAB-TV Cleveland IND*
  KTLA Los Angeles  
  KWGN Denver  
  WGN-TV Chicago  
  WPIX New York City  
  WSBK-TV Boston  
  WTBS Atlanta  
  WWOR-TV New York City  
  American Movie Classics  
  ART America  
  The Arts and Entertainment Network (A&E)  
  BBC World  
  Black Entertainment Television (BET)  
  Cable News Network (CNN)  
  CNN Headline News (CNN-2)  
  Cable Satellite Public Affairs Network (C-Span)  
  Comedy Central  
  Consumer News and Business Channel (CNBC)  
  Court TV  
  Deutsche Welle  
  The Filipino Channel  
  Game Show Network  
  The Golf Channel  
  The Learning Channel  
  Lifetime Television  
  The Nashville Network (TNN)  
  Playboy TV **  
  Radio-France outre-mer (RFO1)*  
  The Silent Network (Kaleidoscope)  
  Speed Channel  
  Turner Classic Movies  
  TV Japan  
  TV Polonia  
  The Weather Channel (TWC)  
  WMNB-TV: Russian-American Broadcasting Company  
  Licensed pay audio programming undertaking(s)  
* Received from a licensed SRDU
** Playboy TV is only authorized for distribution at the specific request of a subscriber. Distributors are not permitted to package Playboy TV in such a way that subscribers are obligated to purchase Playboy TV in order to purchase any other programming service. Distributors are required to take measures to fully block the reception of both the audio and video portions of Playboy TV to subscribers that request it not be receivable in their home (in either unscrambled or scrambled analog form).
  Authorization for the services in List of Part 3 Eligible Satellite Services is subject to the following:
  - In the case of out-of-province educational services, there should be no objection on the part of the originating service.
  - In the case of signals received from a licensed SRDU, ASN, the CBC English- and French-language Television Services and foreign satellite services, licensees are required to enter into the necessary contractual arrangements for such carriage.
  - In the case of licensed television programming undertakings offering TVA or CTV programming, a licensee also distributing the signal of a local TVA or CTV affiliate shall delete the duplicate programming from the services received from a licensed SRDU or substitute the local service(s) when the programming is identical.
  - Licensees that distribute a PBS signal received at the local head end by terrestrial transmission may distribute one PBS service received from a licensed SRDU. All other licensees may distribute a maximum of two PBS services received from a licensed SRDU. Licensees may not distribute the signal of more than one affiliate of the same commercial U.S. network, received from a licensed SRDU, unless otherwise authorized pursuant to a condition of licence.
  List of Part 3 Eligible Satellite services for Digital Distribution Only
  Al Jazeera*
  ART Movies
  Bloomberg Television
  BVN-TV
  Canal SUR
  CineLatino
  Discovery Wings
  Eternal Word Television Network
  Eurochannel
  EuroNews
  Eurosportnews
  German TV
  Grandes Documentales de TVE
  KTO
  Mezzo
  MSNBC
  Muslim Television Ahmadiyya
  Network TEN (Australia)
  Oxygen Network
  Paris-Première
  Planète
  Romanian Television International (RTVI)
  RTV Palma
  The Scandinavian Channel
  TRACE TV
  TV Land
  TV3 Republic of Ireland
  TV3 Television Network (New Zealand)
  TV4 Television Network (New Zealand)
  Utilisima
* On the condition that the licensee has a condition of licence governing the distribution of Al Jazeera.
  Authorization for the services eligible for digital distribution only are subject to the following:
  - Licensees are required to enter into the necessary contractual arrangements for carriage of these foreign satellite services.
  - Providers of these foreign services must have obtained and must remain in possession of all necessary rights for the distribution of their programming in Canada.
  - Providers of these foreign services must not hold, nor try to obtain, nor exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada.
 

Appendix C to Broadcasting Public Notice CRTC 2004-71

 

List of DTH Eligible Satellite Services

Section A

   
  ART America  
  The Arts and Entertainment Network (A&E)  
  BBC World  
  Black Entertainment Television (BET)  
  Cable News Network (CNN)  
  CNN Headline News (CNN-2)  
  Cable Satellite Public Affairs Network (C-Span)  
  Consumer News and Business Channel (CNBC)  
  Court TV  
  Deutsche Welle  
  The Filipino Channel  
  The Golf Channel  
  The Learning Channel  
  The Nashville Network (TNN)  
  The Silent Network (Kaleidoscope)  
  Speed Channel  
  TV Japan  
  TV Polonia  
  The Weather Channel (TWC)  
  WMNB-TV: Russian-American Broadcasting Company  
  Radio France outre-mer (RFO1)  

Section B

   
  KSTW (IND) Tacoma/Seattle*  
  KTLA Los Angeles*  
  KWGN Denver*  
  WGN-TV Chicago*  
  WPIX New York City*  
  WSBK-TV Boston*  
  WTBS Atlanta*  
  WWOR-TV New York City*  
  American Movie Classics  
  Comedy Central  
  Game Show Network  
  Lifetime Television  
  Playboy TV **  
  Turner Classic Movies  
* U.S. Superstation  
** Playboy TV is only authorized for distribution at the specific request of a subscriber. Distributors are not permitted to package Playboy TV in such a way that subscribers are obligated to purchase Playboy TV in order to purchase any other programming service.  
  Authorization for the services listed in Section A and Section B is subject to the following:
  - Licensees are required to enter into the necessary contractual arrangements for carriage of foreign satellite services.

Section C

 
  Al Jazeera*
  ART Movies
  Bloomberg Television
  BVN-TV
  Canal SUR
  CineLatino
  Discovery Wings
  Eternal Word Television Network
  Eurochannel
  EuroNews
  Eurosportnews
  German TV
  Grandes Documentales de TVE
  KTO
  Mezzo
  MSNBC
  Muslim Television Ahmadiyya
  Network TEN (Australia)
  Oxygen Network
  Paris-Première
  Planète
  Romanian Television International (RTVI)
  RTV Palma
  The Scandinavian Channel
  TRACE TV
  TV Land
  TV3 Republic of Ireland
  TV3 Television Network (New Zealand)
  TV4 Television Network (New Zealand)
  Utilisima
* On the condition that the licensee has a condition of licence governing the distribution of Al Jazeera
  Authorization for the services listed in Section C is subject to the following:
  - Licensees are required to enter into the necessary contractual arrangements for carriage of these foreign satellite services.
  - Providers of these foreign services must have obtained and must remain in possession of all necessary rights for the distribution of their programming in Canada.
  - Providers of these foreign services must not hold, nor try to obtain, nor exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada.
 

Appendix D to Broadcasting Public Notice CRTC 2004-71

 

List of Part 2, Part 3, and DTH Eligible Satellite Services for Digital Distribution

  Al Jazeera*  
  ART Movies  
  Bloomberg Television  
  BVN-TV  
  Canal SUR  
  CineLatino  
  Discovery Wings  
  Eternal Word Television Network  
  Eurochannel  
  EuroNews  
  Eurosportnews  
  German TV  
  Grandes Documentales de TVE  
  KTO  
  Mezzo  
  MSNBC  
  Muslim Television Ahmadiyya  
  Network TEN (Australia)  
  Oxygen Network  
  Paris-Première  
  Planète  
  Romanian Television International (RTVI)  
  RTV Palma  
  The Scandinavian Channel  
  TRACE TV  
  TV Land  
  TV3 Republic of Ireland  
  TV3 Television Network (New Zealand)  
  TV4 Television Network (New Zealand)  
  Utilisima  
* On the condition that the licensee has a condition of licence governing the distribution of Al Jazeera  
  Authorization for the above-noted services is subject to the following:  
  - Licensees are required to enter into the necessary contractual arrangements for carriage of these foreign satellite services.  
  - Providers of these foreign services must have obtained and must remain in possession of all necessary rights for the distribution of their programming in Canada.  
  - Providers of these foreign services must not hold, nor try to obtain, nor exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada.  
 

_____________________

 

 
  Authorization for the services set out in all of the lists contained in Appendices A through D is subject to the following:  
  When any of these lists of eligible satellite services are replaced by another list, the only authorized services will be those contained in the most recent list, accordingly these lists supersede the lists dated 15 July 2004.  

Date Modified: 2004-09-16

Date modified: