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Broadcasting Decision CRTC 2006-130
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Ottawa, 5 April 2006
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TELUS Communications Inc.
Across Canada
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Application 2005-1274-0
Broadcasting Public Notice CRTC 2006-2
12 January 2006
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TELUS video-on-demand - Licence amendments
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In this decision, the Commission approves an application to amend the broadcasting licence for the English-language national video-on-demand (VOD) programming undertaking currently referred to as TELUS video-on-demand, in order to authorize the licensee, by conditions of licence, to distribute programming that contains commercial messages where those messages are already included in a program previously aired by a Canadian programming undertaking and that program is subsequently offered on an on-demand basis at no charge to the subscriber.
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The application
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1.
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The Commission received an application by TELUS Communications Inc. (TELUS) to amend the broadcasting licence for the national, English-language video-on-demand (VOD) programming undertaking currently referred to as TELUS video-on-demand, in order to add a condition of licence authorizing it to distribute programming that contains commercial messages where those messages are already included in a program previously aired by a Canadian programming undertaking and that program is subsequently offered on an on-demand basis at no charge to the subscriber.
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2.
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One of TELUS' current conditions of licence reads as follows:
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The licensee shall adhere to the Pay Television Regulations, 1990, with the exception of section 4 (logs and records).
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3.
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TELUS requested that the Commission amend this condition of licence to read as follows:
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The licensee shall adhere to the Pay Television Regulations, 1990, with the exception of section 3(2)(d) (commercial messages) and section 4 (logs and records).
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4.
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TELUS also proposed to add the following condition of licence:
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The licensee shall not include as part of its video-on-demand offering any program including a commercial message except where:
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a) the message was already included in a program previously broadcast by a Canadian programming service;
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b) the program's inclusion as part of the video-on-demand offering is in accordance with the terms of a written agreement entered into with the operator of the Canadian programming service that broadcast the program; and
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c) the program is offered to subscribers on an on-demand basis at no charge.
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5.
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TELUS stated that it wishes to obtain the same flexibility as that recently granted to Groupe Archambault inc. and to Rogers Cable Communications Inc., two licensees of VOD programming undertakings.
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6.
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The Commission received one intervention in support of this application.
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Commission's analysis and determination
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7.
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In Illico sur demande - Licence amendments, Broadcasting Decision CRTC 2005-498, 18 October 2005 and in Rogers on Demand - Licence amendments, Broadcasting Decision CRTC 2005-497, 18 October 2005, the Commission approved applications for amendments to the broadcasting licences for these VOD programming undertakings to permit them to offer programming that includes commercial messages. The commercial messages are restricted to those contained in programs previously broadcast by other Canadian programming undertakings. The programs must be obtained by these licensees under the terms of written agreements with the licensees of those Canadian programming undertakings, and be offered on an on-demand basis at no charge to subscribers.In these decisions, the Commission indicated that the approval of these applications "would not represent a significant departure from the Commission's framework for the licensing of VOD undertakings."
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8.
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In light of the above, the Commission approves the application by TELUS Communications Inc. to amend the broadcasting licence for the national, English-language video-on-demand programming undertaking currently referred to as TELUS video-on-demand, in order to add a condition of licence authorizing it to distribute programming that contains commercial messages where those messages are already included in a program previously aired by a Canadian programming undertaking and that program is subsequently offered on an on-demand basis at no charge to the subscriber.
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9.
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The licence will continue to be subject to the conditions set out in National video-on-demand service, Broadcasting Decision CRTC 2003-453, 9 September 2003, with the exception of condition of licence no. 1, which is replaced by the following condition:
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The licensee shall adhere to the Pay Television Regulations, 1990, with the exception of section 3(2)(d) (commercial messages) and section 4 (logs and records).
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10.
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The Commission also adds the following condition of licence:
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The licensee shall not include as part of its video-on-demand offering any program containing a commercial message except where:
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a) the message was already included in a program previously broadcast by a Canadian programming service;
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b) the program's inclusion as part of the video-on-demand offering is in accordance with the terms of a written agreement entered into with the operator of the Canadian programming service that broadcast the program; and
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c) the program is offered to subscribers on an on-demand basis at no charge.
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Secretary General
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: www.crtc.gc.ca
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Date Modified: 2006-04-05