ARCHIVED - Broadcasting Decision CRTC 2006-439

1. The licensee is authorized to distribute, on a digital discretionary basis, the programming service at the distant Canadian station CKXT-TV (SunTV) Toronto.

2. The licensee is authorized to distribute, at its option, the programming service of the distant Canadian station CITY-TV Toronto, on a discretionary tier.

3. The licensee is relieved of the requirement of section 25 of the Broadcasting Distribution Regulations that it not distribute the programming service of its community channel on an unrestricted channel. Should the quality of the signal deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of the service on another channel.

4. The licensee is authorized to distribute, at its option, the programming service of the distant Canadian station CFTU-TV (Canal Savoir) Montréal, as part of the basic service.

5. The licensee is relieved from the requirement set out in section 25 of the Broadcasting Distribution Regulations that it not distribute the programming services CFTU-TV (Canal Savoir) Montréal and "Assemblée nationale du Québec" on restricted channels, so long as the quality of the signal does not deteriorate. If the Commission finds that the quality of any of the signals has deteriorated to the extent that reception problems are evident, the licensee must immediately take the necessary corrective measures to provide an adequate signal.

6. The licensee is authorized to distribute, at its option, the special programming services "Événement", "Télémag" and "Télé-Enseignement"; these services, by definition, must contain no advertising messages, except "Télé-Enseignement", which may contain prestige sponsorship messages.

7. 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.

8. 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 CMT 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.

9. The licensee is relieved from the requirement set out in section 22(1) of the Broadcasting Distribution Regulations to distribute the audio programming service of the local radio station CIGB-FM Trois-Rivières.

10. 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.

The Commission reminds the licensee that the simultaneous substitution requirements set out in section 30 of the Broadcasting Distribution Regulations (the 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.

11. 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.

12. The licensee is authorized to distribute, at its option, WVNY (ABC) and WCAX-TV (CBS) Burlington, Vermont, and WPTZ (NBC) and WCFE-TV (PBS) Plattsburgh, New York, as part of the basic service.

13. The licensee is authorized to distribute, at its option, WFFF-TV (FOX) Burlington, Vermont and WUTV (FOX) Buffalo, New York, on a discretionary tier.

14. The licensee is authorized to distribute the following signals on a digital discretionary basis:

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.

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.

15. The licensee is authorized to distribute the following signals on a digital discretionary basis:

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.

The Commission reminds the licensee that the simultaneous substitution requirements, as set out in section 30 of the Broadcasting Distribution Regulations, also apply with respect to the U.S. 4+1 and distant Canadian television signals.

16. The licensee shall not distribute to any subscriber more than two sets of U.S. commercial network signals.

17. 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.