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Broadcasting Decision CRTC 2006-432
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Ottawa, 31 August 2006
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CF Câble TV inc.
Gatineau (Aylmer, Gatineau, Hull) and surrounding areas, Quebec
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Application 2005-1318-6
Broadcasting Public Notice CRTC 2006-64
23 May 2006
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Broadcasting distribution undertaking at Gatineau (Aylmer, Gatineau and Hull) and surrounding areas - Licence renewal
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1.
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The Commission renews the broadcasting licence for the Class 1 cable broadcasting distribution undertaking (BDU) serving Gatineau (Aylmer, Gatineau and Hull) and surrounding areas, from 1 September 2006 to 31 August 2013.
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2.
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The Commission also approves the application by CF Cable TV Inc. in order to redefine the authorized service area of the cable BDU serving Gatineau (Aylmer, Gatineau and Hull) and surrounding areas.
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3.
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The Commission did not receive any interventions in connection with this application.
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4.
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The operation of this undertaking is regulated pursuant to the Broadcasting Distribution Regulations. The licence will be subject to the conditions specified therein as well as to the conditions specified in the appendix to this decision.
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5.
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Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Human Resources and Skills Development, its employment equity practices are not examined by the Commission.
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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: http://www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2006-432
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Conditions of licence
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1. The licensee is authorized to distribute, at its option, CFCF-TV (CTV), CFTM-TV (TVA), CBMT (CBC) and CBFT (SRC) Montréal, and CKWS-TV (CBC) Kingston, as part of the basic service.
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2. The licensee is authorized to distribute, on a digital discretionary basis, the programming service of the distant Canadian station CKXT-TV (SunTV) Toronto.
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3. The licensee is relieved of the requirement of section 17 of the Broadcasting Distribution Regulations to distribute CJMT-TV-2 (OMNI.2) Ottawa as part of the basic service beginning with the basic band (channels 2 to 13). The licensee will distribute this service on channel 41 as part of the high-penetration tier in analog mode and on channel 15 as part of the digital basic service.
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4. The licensee is authorized to originate a video games service as a special programming service, offered on a discretionary basis, subject to the conditions listed in Licence amendments concerning the distribution of a video games service, Decision CRTC 95-591, 24 August 1995.
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5. The licensee is relieved of the requirement of section 7 of the Broadcasting Distribution Regulations that, except as provided by a condition of licence, it not alter or delete the programming services The Weather Network and Viewers Choice 2, in the course of their distribution. This condition of licence will permit the licensee to alter or curtail these services for the purpose of sharing a channel, in accordance with the licensee's agreements with the operators of these programming services. The other provisions of section 7 of the Broadcasting Distribution Regulations shall continue to apply.
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6. The licensee is authorized to distribute the signals of the transitional digital television undertakings CFTO-DT Toronto and CIII-DT-41 Toronto, as part of its HD digital service, until Montréal digital television undertakings that provide CTV and Global programming in HD begin broadcasting. Specifically, the authorization to distribute CFTO-DT Toronto will lapse once a Montréal digital television undertaking that provides CTV programming in HD begins broadcasting, and the authorization to distribute CIII-DT-41 Toronto will lapse once a Montréal digital television undertaking that provides Global programming in HD begins broadcasting.
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The Commission reminds the licensee that the simultaneous substitution requirements set out in section 30 of the Broadcasting Distribution Regulations and in paragraph 99 of The Regulatory framework for the distribution of digital television signals, Broadcasting Public Notice CRTC 2003-61, 11 November 2003, apply to transitional digital television undertakings.
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7. The licensee is authorized to distribute, on a discretionary basis, any of the Canadian television signals set out in the List of Part 3 eligible satellite services contained in Revised lists of eligible satellite services, as amended from time to time.
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8. The licensee is authorized to distribute, at its option, WHEC-TV (NBC), WOKR (ABC), WROC-TV (CBS) Rochester, WNPE-TV (PBS) Watertown and WUTV (FOX) Buffalo, New York, as part of the basic service.
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9. The licensee is authorized to distribute, at its option, WFFF-TV (FOX) Burlington, Vermont, on a discretionary tier.
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10. Consistent with Decision CRTC 93-54, 15 February 1993 (Decision 93-54), the licensee is authorized to substitute the signals of WNED-TV (PBS), WGRZ-TV (NBC), WIVB-TV (CBS) and WKBW-TV (ABC) Buffalo, New York for the Rochester signals authorized in Decision 93-54 and for WNPE-TV (PBS) Watertown, New York. As noted in Decision 93-54, the substitution of those signals will only take place when all of the following three criteria are met:
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- the Rochester or Watertown signals are of poor quality;
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- the program carried on both the Buffalo and Rochester/Watertown stations is the same (episode for episode); and
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- the program distributed by the licensee is not subject to a program substitution request by a local or regional Canadian broadcaster.
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11. The licensee is authorized to distribute the following signals on a digital discretionary basis:
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- any of the distant Canadian television signals set out in the List of Part 3 eligible satellite services; and
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- a second set of signals that provides the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and the non-commercial PBS network (hereafter referred to as the U.S. 4+1 signals).
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The distribution on a discretionary basis on the licensee's digital service of a second set of U.S. 4+1 signals and distant Canadian signals is subject to the provision that, with respect to such signals, the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations. The Commission may suspend the application of this provision, with respect to the signals to be distributed, upon its approval of an executed agreement between the licensee and broadcasters. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 signals and distant Canadian signals solely on the licensee's digital service.
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The Commission reminds the licensee that the requirements set out in section 30 of the Broadcasting Distribution Regulations regarding simultaneous substitution apply also in the case of U.S. 4+1 signals and distant Canadian signals.
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12. The licensee is authorized to distribute the following signals on a digital discretionary basis:
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- any of the distant Canadian television signals set out in the List of Part 3 eligible satellite services; and
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- a third set of signals that provides the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) (hereafter referred to as the U.S. commercial network signals).
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The distribution on a discretionary basis on the licensee's digital service of a third set of U.S. commercial network signals and distant Canadian signals is subject to the provision that, with respect to such signals, the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations. The Commission may suspend the application of this provision, with respect to the signals to be distributed, upon its approval of an executed agreement between the licensee and broadcasters. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a third set of U.S. commercial network signals and distant Canadian signals solely on the licensee's digital service.
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The Commission reminds the licensee that the requirements set out in section 30 of the Broadcasting Distribution Regulations regarding simultaneous substitution apply also in the case of U.S. commercial network signals and distant Canadian signals.
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13. The licensee shall not distribute to any subscriber more than two sets of U.S. commercial network signals.
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14. The licensee may, at its option, insert certain promotional material as a substitute for the "local availabilities" (i.e., non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the local availabilities may be used to provide subscribers with information regarding customer service and channel realignments, and for the promotion of discretionary programming services and packages, cable FM service, additional cable outlets and non-programming services, including Internet and telephone services.
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Date Modified: 2006-08-31