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Broadcasting Public Notice CRTC 2004-88

  Ottawa, 18 November 2004
 

Revised lists of eligible satellite services

  The Commission approves the addition of the non-Canadian services, Fox News and NFL Network, to its lists of eligible satellite services for distribution on a digital basis.
  The four lists appended to this public notice supersede the lists appended to Revised lists of eligible satellite services, Broadcasting Public Notice CRTC 2004-71, 16 September 2004.
 

Requests to add Fox News and NFL Network

1.

The Commission received requests from the Canadian Cable Telecommunications Association (CCTA) to amend the lists of eligible satellite services by adding Fox News and the NFL Network, both non-Canadian services, to the Part 2, Part 3 and DTH lists of eligible satellite services for digital distribution (the digital lists). The CCTA described the non-Canadian services as follows:
 
  • Fox News: A 24 hour seven day per week national U.S. cable news network devoted to delivering objective coverage of the day's events. The service broadcasts original news and information programs including live breaking news stories and coverage of significant events in the United States and around the world.
 
  • NFL Network: A 24 hour year round television lifestyle and entertainment sports service for NFL fans intended to complement and promote NFL games that are aired by other broadcasters. NFL Network broadcasts original news and information shows, magazine style shows and a weekly game preview show. Programming also includes press conferences, fantasy football shows and, in 2004, some live exhibition games. NFL Network is not a live event sports service and will not be carrying live NFL games, with the exception of some exhibition games and NFL Europe League games not currently offered by existing Canadian broadcasters.

2.

The CCTA stated that authorizing the above services for distribution in Canada would be beneficial to the Canadian broadcasting system, in that the services would (i) offer Canadian viewers the benefit of increased choice, (ii) increase the penetration of digital services which, in its view, is critical for the health of Canadian diginet services, high definition television, video-on-demand and potential interactive services, and (iii) be an effective tool in combatting the appeal of the black market.
 

The proceeding

3.

In Call for comments on proposals for the addition of Fox News and NFL Network to the lists of satellite services eligible for distribution on a digital basis, Broadcasting Public Notice CRTC 2004-45, 9 July 2004 (Public Notice 2004-45), the Commission called for comments on the requests described above. In that notice, the Commission stated that it was satisfied that the sponsors had provided the supporting information that it requires prior to its consideration of such 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 prerequisite information consists of:
 
  • 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.

4.

In Public Notice 2004-45, 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 it had approved, including all Category 1 and Category 2 specialty and pay television services, whether or not those services had been launched.

5.

In this context, the Commission made reference to Fox News Canada, Decision CRTC 2000-565, 14 December 2000, in which it had approved an application by Global Television Network, on behalf of a corporation to be incorporated (Global), for a licence to carry on a new Category 2 specialty programming service to be known as Fox News Canada. The Commission also noted that, in Deadline to commence operation of Category 2 specialty and pay television services, Broadcasting Decision CRTC 2003-599, 16 December 2003, it had approved a request by Global for a one-year final extension, to 24 November 2004, in the deadline date for implementation of the Fox News Canada service.

6.

In Public Notice 2004-45, the Commission further noted that the CCTA had attached to its request a letter dated 31 March 2004 from Fox News, the non-Canadian partner in Fox News Canada. In that letter, Fox News addressed the Fox News Canada service as follows: "Fox News does not intend to implement this service and therefore will not meet the extended deadline to commence operations." The Commission noted in Public Notice 2004-45 that the CCTA had not provided any information from Global concerning Global's plans for Fox News Canada.
 

The comments received in response to Public Notice 2004-45

7.

The Commission received 531 comments supporting the addition of Fox News to the digital lists from individuals, and from such national organizations as Focus on the Family, REAL Women of Canada and B'Nai Brith Canada. Also in support of the CCTA's proposal were such distributors as Vidéotron ltée (Vidéotron) and Bell ExpressVu Inc. (the general partner) and BCE Inc. and 4119649 Canada Inc. (the partners in BCE Holdings G.P., a general partnership that is the limited partner), carrying on business as Bell ExpressVu Ltd. Partnership (Bell ExpressVu). Thirty-seven parties filed comments supporting the addition of the NFL Network.

8.

Comments opposed to the addition of Fox News to the digital lists were filed by 82 parties, including individuals and the Canadian Association of Broadcasters (CAB). The Commission received a submission from the CAB opposing the request to add NFL Network.
 

Comments relating to both Fox News and NFL Network

9.

Both Vidéotron and Bell ExpressVu supported the two requests. Vidéotron supported the requests for the same reasons cited by the CCTA in its original request. Bell ExpressVu stated that these services are in demand by its customers. It also noted the importance of the Canadian rights market and that, consistent with the Commission's policy, the providers of both services had committed not to withhold such rights. Bell ExpressVu added that such services should further commit to continue to supply Canadian programming undertakings with programming that has traditionally been made available to them, at a reasonable cost. Finally, Bell ExpressVu referred to the past practice of non-Canadian services in providing separate rate cards for cable and DTH distributors. Bell ExpressVu submitted that all new additions to the lists of eligible satellite services should be obliged to commit to fair and equitable treatment of all Canadian broadcasting distribution undertakings (BDUs).

10.

The CAB submitted that it was premature to consider the inclusion of non-Canadian services on the lists of eligible satellite services at a time when the policy respecting the use of local availabilities on such services is under review. The CAB noted in this regard the proceeding announced in Proposal by the Canadian Cable Television Association to amend the policy regarding the use of local availabilities - Call for comments, Broadcasting Public Notice CRTC 2004-47, 9 July 2004 (Public Notice 2004-47).

11.

The CAB stated in its comments that, "where appropriate, CAB members who operate specialty and/or pay television services will file individual responses to PN 2004-45, commenting on the extent to which one or both of the proposed services may be considered competitive with a licensed specialty or pay service." The Commission notes that no authorized pay or specialty service filed comments addressing competitiveness issues in this proceeding.
 

Comments relating to Fox News

12.

The CAB objected to the addition of Fox News. It submitted that the approval of this service would create a precedent that would reward and encourage non-Canadian broadcasters who choose to forgo partnerships with Canadian broadcasters and opt instead for direct market entry by way of inclusion on the digital lists. According to the CAB, such services would "carry no Canadian content and provide no tangible benefits to the system." In its view, the best way to bring about increased choice is through such partnerships.

13.

REAL Women of Canada supported the addition of Fox News. In its view, the service would not compete with Canadian services, since it frequently provides perspectives that differ from those of Canadians and Canadian services. In addition, it stated that the addition of Fox News will broaden Canadians' access to knowledge in the global village, and will provide a broader source of background information on world issues, from which Canadians will be able to draw and form conclusions.

14.

B'nai Brith Canada supported the request to add Fox News, stating that it offered an alternative perspective on current events. It added that "a diversity of viewpoints and perspectives that stay within the bounds of Canadian law is an essential part of freedom of expression as enshrined in our Charter." Such a diversity of opinion, in its view, would contribute to and enhance informed public policy debate in Canada.

15.

Some individuals supporting the addition of Fox News commented that a decision to add Fox News would not set a precedent, as other non-Canadian news services are already available. Other individuals indicated that Canadians wish to have access to viewpoints that take into account the political stance of the conservative movement, and suggested that Canadians cannot really understand the U.S., Canada's largest trading partner, if their picture of the U.S. media is skewed. Other comments in support were that providing Canadians with more choice represents a sound approach, and that the addition of the service would afford Canadians a reason to continue to receive services from authorized Canadian BDUs.

16.

Twenty-six individuals suggested that the Commission should approve the addition of Fox News to the digital lists, but only if the Commission applied the same terms as it applied to the carriage of the non-Canadian Arabic-language news and public affairs programming service, Al Jazeera. In support of this position, some individuals cited an instance in which Fox commentator Bill O'Reilly allegedly berated a member of the family of a 9/11 victim for signing a petition opposing the Iraq war.

17.

The Commission received 35 comments from individuals who opposed the addition of Fox News, most of whom objected to the content of the service. Several individuals referred to Fox News as a service that presents a biased, conservative viewpoint supportive of Republican interests. Others opposed to the addition of the service suggested that the Commission should not authorize its carriage because of what they alleged to be Fox's conservative ideological slant.
 

Comments relating to the NFL Network

18.

The Commission received 35 comments from individuals in support of the addition of the NFL Network. Some parties stated that the content of the service will complement the NFL information currently available in Canada, while one observed that the service was a "good channel to have especially for those . who live and breathe the sport of football."

19.

The CAB objected to the addition of NFL Network to the digital lists, but stated that, if the service were to be added, its distribution should be subject to certain conditions. Specifically, the CAB stated that, given the numerous Canadian broadcasters who hold the Canadian rights to broadcast NFL games and other football games played in Canada, the Commission should add the NFL Network to the digital lists, subject to one of the following proposed conditions of authorization:
 
  • If the NFL Network undergoes a change in format that involves the broadcast of NFL regular season or playoff games or football games originating in Canada, its authorization for distribution in Canada would be discontinued, consistent with existing Commission policy set out in Revised Lists of Eligible Satellite Services, Public Notice CRTC 1997-96, 22 July 1997; or,
 
  • The authority for broadcasting distribution undertakings to distribute NFL Network does not include NFL regular season or playoff games or football games originating in Canada, and therefore any such programming must be deleted from the service before it is distributed in Canada.

20.

In addition, the CAB submitted that the continuing eligibility of the NFL Network for distribution in Canada should be subject to adherence to its undertaking 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."
 

The CCTA's reply to comments

21.

In its reply, the CCTA noted that the vast majority of those who filed comments "expressed strong support for the addition of Fox News which confirms that there is substantial demand in Canada for Fox News and that the service is neither totally or partially competitive with licensed Canadian services."

22.

The CCTA strongly disagreed with the CAB's suggestion that authorizing the distribution of Fox News in Canada would create a precedent that encourages non-Canadian broadcasters to forego partnerships with Canadian broadcasters in favour of a direct market entry approach. According to the CCTA, Fox News provides a unique perspective on American and world events. It added that, as an American news service with a particular style of programming, Fox News is not well suited to a joint venture that would produce Canadian content. The CCTA also stated that Fox News would make a tangible contribution to the Canadian broadcasting system, as it could significantly boost digital penetration in Canada, thereby increasing the availability of licensed Canadian digital services. It added that Fox News would bring a different and unique news voice to Canadian viewers, resulting in greater diversity of opinions and ideas.

23.

In response to comments received concerning the NFL Network, the CCTA noted that none of the licensed Canadian specialty sports programming services filed individual comments in this proceeding. It contended that this was an indication that the NFL Network was not considered to be partially or totally competitive with a licensed Canadian pay or specialty service.

24.

The CCTA also considered it unnecessary and inappropriate for the Commission to impose explicit conditions of authorization restricting the broadcast of NFL regular season or playoff games or football games originating in Canada, as proposed by the CAB. The CCTA noted that the NFL Network had already provided an undertaking 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.

25.

In addition, the CCTA included with its reply a response by the NFL Network in which the NFL Network reiterated the above commitment. It further clarified that, should it decide to carry a live football game originating in Canada for broadcast in the United States (e.g., either a Canadian Football League game or an NFL exhibition game played in Canada), it would agree to black out the broadcast in Canada if there was already a Canadian rights holder, or offer to licence rights to the broadcast if there was not already a Canadian rights holder. The NFL Network also stated, in response to Bell ExpressVu's concern regarding the negotiation of affiliation agreements, that the "NFL Network emphasizes that it is committed to treating all Canadian distributors fairly and equitably."

26.

In response to the CAB's argument that the Commission's policy review respecting local availabilities should be completed before new services are added to the digital lists, the CCTA submitted that this would result in an unnecessary and unwarranted delay in making new and appealing services available to Canadian viewers, and that this would not be in the public interest. Further, the CCTA submitted that an accurate and updated understanding of the total inventory of local availabilities and a "realistic assessment" of the impact of the proposal in Public Notice 2004-47 would be facilitated by the resolution of pending proposals for the addition of new non-Canadian services to the digital lists.
 

The Commission's letter to Global

27.

Global did not file any comment in response to the call contained in Public Notice 2004-45. In light of the CCTA's request to add Fox News, and the approaching final implementation deadline date for Fox News Canada (i.e., 24 November 2004), the Commission sent Global a letter dated 16 September 2004 requesting that it provide the Commission with a statement indicating whether or nor it intended to launch Fox News Canada. On 20 September 2004, Global replied that it had no plans to implement the licence for Fox News Canada. Global stated that Fox News had indicated that it did not wish to have its signal interrupted by the insertion of Canadian programming as would be required under the licence for Fox News Canada.
 

The Commission's analysis and determinations

 

Assessing competitiveness

28.

As noted above, the Commission's approach to the addition of non-Canadian services to the digital lists precludes the addition of a new non-Canadian satellite service that can be considered either totally or partially competitive with any Canadian specialty or pay service whose licence application has been approved, 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 objectives set out in section 3(1) of the Broadcasting Act.

29.

The Commission uses a case-by-case approach in assessing competitiveness. In making its assessment, the Commission considers factors such 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 with respect to 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.

30.

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.
 

Fox News

31.

In evaluating the CCTA's request that Fox News be added to the digital lists, the Commission compared the nature of service, programming genre and source, and the target audience of Fox News with those of English-language Canadian pay and specialty services in a similar genre, such as CBC Newsworld and CTV Newsnet. It was unnecessary for the Commission to undertake a competitive assessment with respect to Fox News Canada because of Global's confirmation that it would not be implementing its authority for that service.

32.

The Commission notes that Fox News offers original news and information programs, including live breaking news stories and coverage of significant U.S.-based and world events. A review of the schedule for Fox News provided by the sponsor indicates a blend of programming consisting of hard news programming offering analysis of events and interviews with key newsmakers, and news-talk programming that includes discussions on major news events, viewer call-in segments and news personalities reflecting on the political and social issues of the day. The weekend schedule includes more than 20 hours of original programming, live news updates and repeat programming from the previous week's schedule.

33.

CBC Newsworld's nature of service condition of licence states that it is a news and information service with programming in categories such as news (Category 1), Analysis and Interpretation (Category 2), Reporting and Actualities (Category 3), Religion (Category 4), Education, informal (Category 5b), and Sports (Category 6). CBC Newsworld is required to devote no less than 90% of the broadcast week to the distribution of Canadian programs. CBC Newsworld's regular programming schedule is composed primarily of hard news programming, along with documentaries, business news, interview programs, political events coverage, a daily national phone-in discussion program, and a program from BBC World News.

34.

In the case of CTV Newsnet, the service is required to maintain a "headline news" format, presented in a continuously-updated, fifteen-minute wheel. Its nature of service condition of licence requires that programming be drawn exclusively from the following programming categories: News (Category 1), Reporting and actualities (Category 3), Public service announcements (Category 13) and Infomercials, promotional and corporate videos (Category 14). CTV Newsnet is required to devote the entire broadcast year to the distribution of Canadian programs.

35.

In comparing the programming schedule and programming format of Fox News with those of licensed Canadian news services, the Commission notes that there are significant differences. For example, unlike CBC Newsworld and CTV Newsnet, Fox News offers a substantial element of news/talk commentary programs, in addition to long-form news and other information programming. The news/talk programs are more focused on editorial opinion and discussion, and much less on the reporting of news itself. Approximately 40% of the Fox News daytime weekday schedule, based on programming descriptions, appears to be dedicated to this type of programming.

36.

Further, in the Commission's view, a comparison of the programming of Fox News with that of licensed Canadian news services indicates that, while all of these services offer coverage of major world news stories of the day, Fox News offers little or no Canadian coverage. CTV Newsnet and CBC Newsworld, both of which have high Canadian content requirements, provide coverage of many Canadian news events from various parts of the country throughout the day. The Commission also notes that Fox News is not a program supplier to either of Canada's licensed, English-language, specialty news services, and that neither CTV Newsnet nor CBC Newsworld filed comments in this proceeding.

37.

The CAB had suggested that the addition of Fox News would create a precedent that would reward and encourage non-Canadian broadcasters to forgo partnerships with Canadian broadcasters in favour of gaining direct access to the Canadian market through inclusion on digital lists. Based on the record of the current proceeding, the Commission understands that the decision of Global TV and its partner Fox News not to launch Fox News Canada was due, in part, to difficulties with the insertion of Canadian content, difficulties which, in the Commission's view, other types of Category 2 services having non-Canadian partners would not likely encounter. The Commission notes in this regard that, in Revised lists of eligible satellite services, Broadcasting Public Notice 2004-71, 16 September 2004 (Public Notice 2004-71), it approved the addition of another U.S. service, MSNBC, to the digital lists. Both the MSNBC and Fox News services have a breaking news component. In Public Notice 2004-71, the Commission noted the decision by the licensee of the specialty service MSNBC Canada to end its partnership with MSNBC and cease operation. According to MSNBC Canada, the breaking news component of MSNBC, which made up much of the non-Canadian content of the Canadian service, presented particular difficulties for the insertion of Canadian content.

38.

Some interveners suggested that BDUs wishing to distribute Fox News should be subject to the same condition of licence applicable to those that wish to distribute Al Jazeera. The Commission considers that there is nothing on the record of this proceeding that would lead it to conclude that such treatment is necessary in the case of Fox News. Specifically, none of the reasons cited by interveners for such an approach give the Commission sufficient cause for concern that there would be abusive comment or abusive pictorial representation in the programming broadcast by Fox News that, when taken in context, tends to or is likely to expose an individual or group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability. Accordingly, the Commission will not impose any requirement on BDUs for the distribution of Fox News other than those that generally apply with respect to the carriage of non-Canadian services that are included on the digital lists.
 

NFL Network

39.

The Commission finds the NFL Network to be a sports service aimed primarily at NFL fans. The programming on the NFL Network consists of coverage of breaking news on the NFL, NFL archival footage, critiques of recent games, and interviews with coaches and players. In contrast, the Canadian sports specialty services offer a broader range of sports coverage appealing to a broader audience. The Commission agrees with the CCTA's assessment that the programming offered by NFL Network would complement rather than compete with licensed pay and specialty sports services.

40.

In particular, the Commission notes that the service does not broadcast live NFL games, with the exception of some exhibition games and NFL Europe League games not currently offered by existing Canadian broadcasters. The Commission also notes that the NFL Network has filed an undertaking with the Commission that it will not withhold rights to its programming. In this regard, the Commission notes that the authorization for the distribution of all non-Canadian 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.

41.

In its comments, Bell ExpressVu suggested that non-Canadian services should further commit to continue to supply Canadian services with programming that has traditionally been made available to them, at a reasonable cost. In this regard, in Public Notice 2000-173, the Commission provided the following clarification of its requirements concerning exclusive programming rights:
 

For example, the provider of a non-Canadian service would have to satisfy the Commission that it does not currently, nor will it in future, deal in rights to programming in a manner that unduly precludes a Canadian programming undertaking from acquiring that programming.

42.

Further in this regard, the Commission notes that the NFL Network has filed a letter indicating that NFL International is "in the final stages of completing a four year renewal agreement with TSN and a three year renewal agreement with Global for the continued broadcast of NFL game packages in Canada."

43.

One of the conditions that the provider of a non-Canadian service must meet if the service is to be included on the digital lists is that it obtain and remain in possession of all necessary rights for the distribution of its programming in Canada. The Commission notes that, should the NFL Network carry a live football game originating in Canada (e.g., either a Canadian Football League game or an NFL exhibition game played in Canada), the NFL Network has agreed to delete the broadcast in Canada should there be a Canadian rights holder or offer to licence rights to the broadcast if there is no such Canadian rights holder. The Commission also notes the NFL Network's commitment to fair and equitable treatment of all Canadian BDUs.
 

The Commission's conclusion

44.

In light of the above, the Commission is of the view that neither Fox News nor the NFL Network is partially or totally competitive with any Canadian pay or specialty service. Accordingly, the Commission approves the requests by the CCTA to add Fox News and the NFL Network to the digital lists.

45.

With regard to the CAB's position that the addition of non-Canadian services to the digital lists should only be considered once the Commission's proceeding on local availabilities has concluded, the Commission considers that the addition of these services would have minimal, if any, effect on the factual underpinnings of that proceeding. Further, to the extent that the addition of these two services may have some effect, the Commission can easily account for that effect in its analysis.
  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 2004-88

 

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
  Fox News
  German TV
  Grandes Documentales de TVE
  KTO
  Mezzo
  MSNBC
  Muslim Television Ahmadiyya
  Network TEN (Australia)
  NFL Network
  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 2004-88

 

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
  Fox News
  German TV
  Grandes Documentales de TVE
  KTO
  Mezzo
  MSNBC
  Muslim Television Ahmadiyya
  Network TEN (Australia)
  NFL Network
  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 2004-88

 

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
  Fox News
  German TV
  Grandes Documentales de TVE
  KTO
  Mezzo
  MSNBC
  Muslim Television Ahmadiyya
  Network TEN (Australia)
  NFL Network
  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 2004-88

 

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  
  Fox News  
  German TV  
  Grandes Documentales de TVE  
  KTO  
  Mezzo  
  MSNBC  
  Muslim Television Ahmadiyya  
  Network TEN (Australia)  
  NFL Network  
  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 16 September 2004.  

Date Modified: 2004-11-18

Date modified: