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Broadcasting Public Notice CRTC 2005-59
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Ottawa, 10 June 2005
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The Commission has received the following applications. The deadline for submission of interventions/comments is 15 July 2005.
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Item
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Applicant and Locality
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1.
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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
Across Canada
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2.
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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
Across Canada
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1.
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Across Canada
Application No. 2004-1108-3
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Application by 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, to renew the licence of the nationalsatellite relay distribution undertaking expiring 31 August 2005.
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The applicant wishes to replace the conditions of licence set out in Acquisition of assets Decision CRTC 99-552, 22 December 1999, with the following:
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1. The licensee shall adhere to the provisions of section 4 of the Broadcasting Distribution Regulations in respect to any transfers of ownership or control.
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2. Subject to the requirement that it ensure that a majority of the television signals it distributes are Canadian programming services, the licensee is authorized to distribute via satellite to its affiliates the following television services:
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a) any licensed conventional television programming undertaking;
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b) any licensed satellite-to-cable undertaking;
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c) the proceedings of any provincial legislature, including l'Assemblée Nationale du Québec; and
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d) Any signal included in the Lists of Part 2, Part 3, and DTH eligible satellite services, as modified by the Commission from time to time.
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3. The licensee is authorized to distribute to its affiliates via satellite the signal of any licensed conventional radio programming undertaking and any licensed audio undertaking.
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4. The licensee must provide its service to all of the following undertakings whose operators are willing to enter into affiliation agreements with it:
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a) terrestrial broadcasting distribution undertakings (BDUs) that are licensed by the Commission or operating in accordance with an exemption from licensing granted by the Commission; and
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b) licensed direct-to-home (DTH) BDUs (for transmission to DTH subscribers only).
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5. Regarding alteration or deletion of programming, the licensee shall adhere to section 7(a) through 7(f) of the Broadcasting Distribution Regulations, as amended by the Commission from time to time. In addition, the licensee is authorized to delete a non-Canadian programming service and substitute the comparable and simultaneously broadcast programming service of a Canadian television programming undertaking whose signal is distributed by the licensee.
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6. The licensee is required to contribute a minimum of 5% of its annual gross revenues derived from broadcasting activities to the creation and presentation of Canadian programming.
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7. The licensee shall not give an undue preference to any person, including itself, or subject any person to an undue disadvantage.
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8. If there is a dispute between the licensee and a distribution undertaking, whether operating by licence or by exemption order, concerning the terms under which programming services are or may be provided, then the licensee shall submit to a dispute resolution process, if the Commission so requires.
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Licensee's address:
110 O'Connor Street
6th Floor
Ottawa, Ontario
K1P 1H1
Fax: (613) 560-0472
E-Mail: chris.frank@bell.ca
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Examination of application:
At the licensee's address
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[Broadcasting intervention/comments form]
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2.
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Across Canada
Application No. 2004-1520-0
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Application by 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, to renew the licence of the national direct-to-home pay-per-view programming undertaking known as Bell ExpressVu Limited Partnership (ExpressVu), expiring 31 August 2005.
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The licensee proposes to renew under the same terms and conditions except for the following changes relating to its annual contributions to support the development of Canadian programming.
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The licensee's current condition of licence requires that 80% of its annual contribution to independently-administered production funds be directed to the Canadian Television Fund (CTF) (as defined in the Broadcasting Distribution Regulations, as amended from time to time) while up to 20% may be directed to one or more independently-administered production funds other than the CTF, provided that these other funds meet the criteria set out in Public Notice CRTC 1997-98, as may be amended from time to time.
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The licensee proposes to amend this condition in order to be able to direct the entire contribution to a single, independently-administered production fund, namely the Bell Broadcast and New Media Fund (the "Bell Fund").
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The licensee also proposes to change the method of calculating its annual contributions such that these would be calculated in the same manner as for an affiliated video-on-demand service, as outlined in Introductory statement to Decisions CRTC 2000-733 to 2000-738: Licensing of new video-on-demand and pay-per-view services, Public Notice CRTC 2000-172, 14 December 2000. Under this method, the gross annual broadcasting revenues on which the licensee's contribution requirement is calculated, would be deemed to be 50% of the total retail revenues received from customers. Approval of this proposed change would result in a reduction of its financial contributions to support the development of Canadian programming.
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Licensee's address:
110 O'Connor Street
6th Floor
Ottawa, Ontario
K1P 1H1
Fax: (613) 560-0472
E-Mail: chris.frank@bell.ca
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Examination of application:
At the licensee's address
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[Broadcasting intervention/comments form]
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Public Participation
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Deadline for Interventions/Comments
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15 July 2005
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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.
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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.
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Submit your written intervention to the Secretary General of the Commission in only one of the following formats:
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by using the
Broadcasting Intervention/Comments Form
located below the description of each application within this public notice
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Or
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by mail to
CRTC, Ottawa, Ontario K1A 0N2
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or
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by fax at
(819) 994-0218
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A true copy must be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.
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The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents or notification, as it may be difficult to establish that service has occurred.
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Before initiating service through electronic mode, please ensure that you will be able to satisfy the Commission, upon request, that service of the notification was completed.
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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.
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Each paragraph of the document should be numbered.
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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.
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Important
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All information submitted, including your email address, name and any other personal information as provided, will become part of the public record and can be viewed on the Commission's Web site.
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Documents sent in electronic format will be put on the Commission's Web site exactly as we received them, and in the official language and format in which they are sent. Documents not received electronically will be scanned and put on the Web site.
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Examination of Documents
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An electronic version of applications is available from the Commission's web site by selecting the application number within this notice.
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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.
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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.
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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
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Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 - TDD: 426-6997
FAX: (902) 426-2721
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205 Viger Avenue West
Suite 504
Montréal, Quebec H2Z 1G2
Tel: (514) 283-6607
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55 St. Clair Avenue East, Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
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Kensington Building
275 Portage Avenue, Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
FAX: (204) 983-6317
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Cornwall Professional Building
2125 - 11th Avenue, Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
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10405 Jasper Avenue, Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
FAX: (604) 666-8322
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Secretary General |
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This document is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca |