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Broadcasting Decision CRTC 2007-230

  Ottawa, 13 July 2007
  Rogers Cable Communications Inc.
 Barrie, Bolton, Camp Borden, Collingwood, Keswick, Kitchener, London, Newmarket, Orangeville, Orillia, Oshawa, Ottawa, Owen Sound, Pickering, Richmond Hill, St. Thomas, Toronto (Downsview), Toronto (Etobicoke), Toronto (Peel/Mississauga), Toronto (Scarborough), Toronto (York) and Woodstock, Ontario
  Application 2006-1622-9, received 11 December 2006
Public Hearing in the National Capital Region
30 April 2007
 

Class 1 regional licence for cable broadcasting distribution undertakings in Ontario

  The Commission approves the application by Rogers Cable Communications Inc. for a Class 1 regional broadcasting licence to operate cable broadcasting distribution undertakings serving the above-mentioned locations in Ontario. The Commission also approves the licensee's request to amend and delete specific conditions of licence for these undertakings, and approves its request for a redefinition of the authorized service areas for certain of these undertakings. The Commission denies the licensee's request that coverage of municipal council meetings and other community government proceedings be considered access programming.
 

The application

1.

The Commission received an application by Rogers Cable Communications Inc. (Rogers)for a Class 1 regional broadcasting licence to operate cable broadcasting distribution undertakings (BDUs) serving the above-mentioned locations. Rogers currently operates these BDUs under individual Class 1 licences, all of which expire 31 August 2007.

2.

Rogers also requested various amendments to and deletions of conditions of licence for certain undertakings. Some of the changes proposed by the licensee would update references to sections of the Broadcasting Distribution Regulations (the Regulations) so as to reflect the currently applicable sections of the Regulations. Other changes would delete particular conditions of licence that are no longer applicable to or required by certain BDUs; update the terminology used in specific conditions of licence; reflect certain technical changes; and reflect changes in regard to programming sources. The specific details of the proposed amendments to the broadcasting licences for these undertakings are described in the licensee's application.

3.

In regard to community channel programming, Rogers requested that coverage of municipal council meetings and other community government proceedings be considered access programming (i.e., programming produced by individuals or groups in the community served by the undertaking, either assisted or unassisted by the licensee).1

4.

In addition, in order to reflect the various distinct communities within the Toronto metropolitan area, Rogers committed to:
 
  • increase its multicultural programming block to approximately 552 original episodes per broadcast season;
 
  • place a greater focus on minor sports, and provide a new high school sports magazine program within the first year of the new licence term; and
 
  • promote the benefits of participating in the community television experience through a targeted publicity and advertising campaign.
  Rogers also expressed its intention to increase programming content from Etobicoke, North York and Scarborough over the course of the next licence term.

5.

Finally, Rogers requested a redefinition of the authorized service areas for the undertakings serving Camp Borden, Collingwood,Kitchener, London, Newmarket, Orillia, Oshawa, Ottawa, Owen Sound and Woodstock, so as to reflect the expansion of residential areas. In addition, Rogers requested a reduction in the boundaries for the authorized service areas serving Barrie and Richmond Hill, due to an overlap with adjacent systems in Orillia and Camp Borden, respectively.
 

Commission's analysis

6.

The Commission received an intervention in support of the application, as well as interventions offering comments from Only Imagine Inc. and from Mr. Lee David Weston. The Commission also received an intervention in opposition to the application from La Fédération des télévisions communautaires autonomes du Québec. The Commission considered all of the interventions and the licensee's replies and considers the following issues to be relevant to the evaluation of Rogers' application.
 

Amendments to and deletion of conditions of licence

7.

The Commission considers that the licence amendments proposed by Rogers, as described in its application, are appropriate and do not conflict with any of the Commission's existing policy requirements. The Commission also notes that no interventions were received opposing the proposed amendments to the licensee's broadcasting licence for these undertakings.
 

Community channel programming

8.

The Commission is of the view that the issue of what should constitute access programming should be addressed in the broader context of a policy review proceeding. The Commission notes that it would be open to Rogers to raise this matter in the policy review initiated by Broadcasting Notice of Public Hearing 2007-10.

9.

In regard to Rogers' commitment to reflect distinct communities within the Toronto metropolitan area, the Commission stated in Broadcasting Public Notice 2002-61 (the Community-based Media Policy) that there are distinct communities within the larger metropolitan areas of Toronto, Montréal and Vancouver that should be reflected in the community channel programming provided by licensees in these areas. The Commission also stated in this policy that licensees who provide community programming in these areas are expected to set out their plans and commitments in their licence renewal applications so as to show how they will reflect the various communities within these urban centres. The Commission notes the measures that Rogers has committed to take so as to better reflect the various distinct communities within Toronto, as well as the licensee's intention to increase programming content from Etobicoke, North York and Scarborough over the course of the next licence term.
 

Commission's determinations

10.

In light of the above, the Commission approves the application by Rogers Cable Communications Inc. for a Class 1 regional broadcasting licence to operate the cable broadcasting distribution undertakings serving the following authorized service areas: Barrie, Bolton, Camp Borden, Collingwood, Keswick, Kitchener, London, Newmarket, Orangeville, Orillia, Oshawa, Ottawa, Owen Sound, Pickering, Richmond Hill, St. Thomas, Toronto (Downsview), Toronto (Etobicoke), Toronto (Peel/Mississauga), Toronto (Scarborough), Toronto (York) and Woodstock, Ontario, subject to the requirements set out in this decision. The operation of these undertakings will be regulated pursuant to the Broadcasting Distribution Regulations. The Commission also approves Rogers' request for amendments to and deletion of certain conditions of licence, as specified in the licensee's application. The Commission will issue a Class 1 regional broadcasting licence to Rogers that will come into effect 1 September 2007 and will expire 31 August 2014. The licence will be subject to the conditions specified therein, as well as to the terms and conditions set out in the appendix to this decision. The individual licences under which Rogers currently operates these BDUs will not be further renewed.

11.

The Commission also approves the licensee's request to redefine the authorized service areas noted above by increasing or reducing them.

12.

Finally, given the Commission's view that the question of what should constitute access programming should be addressed in the broader context of a policy review proceeding, the Commission denies Rogers' proposal that municipal council meetings and other community government proceedings be eligible as local access programming.
 

Other matters

 

Distribution of distant Canadian signals and of a second set of U.S. 4+1 signals, and the suspension of non-simultaneous program deletion requirements

13.

In Broadcasting Decision 2005-198, the Commission approved an application by Rogers for an amendment to its conditions of licence to suspend the requirement for it to perform non-simultaneous program deletion, as set out in Broadcasting Decision 2000-437, for a period ending 12 August 2006. The suspension of this provision was subject to the requirement that Rogers pay the following monthly fees to the Canadian Association of Broadcasters, on behalf of affected broadcasters, in lieu of performing non-simultaneous program deletion: $0.50 for each subscriber who received Canadian distant television signals on a digital discretionary basis and $0.25 for each subscriber who receives a second set of U.S. 4+1 signals on a digital discretionary basis.

14.

In Broadcasting Decision 2006-614, the Commission approved an application by Rogers to amend the licences of its various cable BDUs in New Brunswick, Newfoundland and Labrador, and Ontario, by extending the suspension of the requirement for it to perform program deletion under the terms set out in its conditions of licence. This extension would end on a date six months after the Commission released its determinations in the proceeding initiated by Broadcasting Notice of Public Hearing 2006-5.2

15.

The condition of licence described above is included in the conditions set out in the appendix to this decision. The Commission reminds Rogers that, at the end of the extended suspension period, it will be required to adhere to the applicable requirements regarding non-simultaneous program deletion. The Commission may, on an application filed by Rogers, suspend the application of this provision 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 Canadian distant signals solely on the licensee's digital service.
 

Employment equity

16.

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.
  Secretary General
 

Related documents

 
  • Review of the regulatory frameworks for broadcasting distribution undertakings and discretionary programming services, Broadcasting Notice of Public Hearing CRTC 2007-10, 5 July 2007
 
  • Broadcasting Notice of Public Hearing CRTC 2006-5-3, 21 November 2006
 
  • Rogers cable distribution undertakings - Licence amendment, Broadcasting Decision CRTC 2006-614, 31 October 2006
 
  • Broadcasting Notice of Public Hearing CRTC 2006-5-2, 2 October 2006
 
  • Broadcasting Notice of Public Hearing CRTC 2006-5-1, 8 September 2006
 
  • Review of certain aspects of the regulatory framework for over-the-air television, Broadcasting Notice of Public Hearing CRTC 2006-5, 12 June 2006
 
  • Amendments to authorization set out in Decision CRTC 2000-437, Broadcasting Decision CRTC 2005-198, 16 May 2005
 
  • Policy framework for community-based media, Broadcasting Public Notice CRTC 2002-61, 10 October 2002
 
  • Carriage of Canadian and U.S. 4+1 signals on a digital basis, Decision CRTC 2000-437, 8 November 2000
  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 
 

Appendix to Broadcasting Decision CRTC 2007-230

 

Terms and conditions of licence

 

Terms

  The licence will come into effect 1 September 2007 and will expire 31 August 2014.
 

Conditions of licence

 

Conditions of licence applicable to all undertakings

 

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

 
  • any of the distant Canadian television signals set out in the List of Part 3 eligible satellite services; and
 
  • 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).
 

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 suspends the application of this provision, for a period ending on a date six months after the Commission releases its determination pursuant to Broadcasting Notice of Public Hearing CRTC 2006-5, subject to the requirement that the licensee pay the following monthly fees to the Canadian Association of Broadcasters, on behalf of affected broadcasters, in lieu of performing non-simultaneous program deletion: $0.50 for each subscriber who receives Canadian distant television signals on a digital discretionary basis and $0.25 for each subscriber who receives a second set of U.S. 4+1 signals on a digital discretionary basis.

 

2. The licensee is authorized to receive, directly through its own facilities, at its option, any of the distant Canadian signals and U.S. 4+1 signals that are otherwise required to be received from a licensed satellite relay distribution undertaking. The licensee is not authorized to use any facilities other than its own for the reception of these signals. This condition does not authorize the licensee to provide these services to any other licensed or exempt distribution undertaking.

 

3. The licensee is authorized to distribute, at its option, the audio programming service of any licensed satellite subscription radio undertaking on a digital basis. The distribution of satellite subscription radio signals is subject to the following provisions:

 

(i) Subject to the exception outlined in (ii), the licensee may not count the signals of conventional radio programming undertakings for the purpose of fulfilling the preponderance requirement set out in section 6(2) of the Broadcasting Distribution Regulations (the Regulations) unless a subscriber is already receiving 40 channels of one or more licensed pay audio programming undertakings.

 

(ii) A licensee is entitled to count the signals of conventional radio programming undertakings that a licensee is required to distribute under section 22 of the Regulations for the purpose of fulfilling the preponderance requirement set out in section 6(2) of the Regulations.

 

(iii) The Canadian-produced channels offered by the satellite subscription radio undertaking are deemed to be "Canadian programming services" for the purposes of section 6(2) of the Regulations.

 

4. 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.

 

5. The licensee is authorized to distribute, on a digital discretionary basis, the signal of WNYO-49 (Warner Brothers) Buffalo, New York.

 

Conditions of licence applicable to specific undertakings

 
Barrie
 

6. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

7. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service.

 
Bolton
 

8. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service.

 

9. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

10. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

11. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of CHCH-TV Hamilton and CBLT, CFTO-TV and CIII-TV-41 Toronto on unrestricted channels. Should the quality of these signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of these services on other channels.

 

12. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Camp Borden
 

13. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

14. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service.

 

15. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

16. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CKVR-TV Barrie on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 
Collingwood
 

17. The licensee is authorized to distribute CJMT-TV (OMNI.2) Toronto as a distant Canadian signal on the basic service.

 

18. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

19. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CBLFT-15 Penetanguishene on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 

20. The licensee is authorized to distribute, at its option, WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC), WUTV-TV (FOX) and WNED-TV (PBS) Buffalo, New York, as part of the basic service.

 
Keswick
 

21. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

22. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service.

 

23. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CKVR-TV Barrie on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 
Kitchener
 

24. The licensee is authorized to delete the regional signal CKNX-TV Wingham.

 

25. The licensee is relieved from the requirements to distribute CFTO-TV Toronto, as part of the basic service, provided that the channel made available is used by the licensee to distribute a Canadian programming service licensed by the Commission.

 

26. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

27. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service.

 

28. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

29. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

30. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of CFPL-TV London and CHCH-TV Hamilton on unrestricted channels. Should the quality of these signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of these services on other channels.

 
London
 

31. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

32. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of CBLN-TV London and of its community channel on unrestricted channels. Should the quality of these signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of these services on other channels.

 

33. The licensee is authorized to distribute, at its option, the programming services of WICU-TV (NBC), WJET-TV (ABC) and WQLN (PBS), Erie, Pennsylvania; WDIV (NBC) and WXYZ-TV (ABC) Detroit, Michigan; and WUAB (MyTV) Cleveland, Ohio, as part of the basic service. This authority will remain in effect only so long as the above-mentioned signals remain the only U.S. signals received via microwave.

 

34. The licensee is authorized to distribute the signals of WWJ-TV (CBS) and WJBK-TV (FOX) Detroit, Michigan.

 

35. The licensee is authorized to retain for substitution purposes, at its option, the signals of WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC) and WUTV (FOX) Buffalo, New York, for the corresponding Detroit signals. The licensee will carry the Buffalo signals only when all of the following criteria are met:

 
  • the Detroit signal is of poor quality;
 
  • the program carried on both the Buffalo and Detroit stations is the same (episode for episode); and
 
  • the program distributed by the licensees is not subject to a program substitution request by a local or regional Canadian broadcaster.
 

36. The licensee is authorized to substitute, at its option, the signal of either WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York, for the signal of WQLN (PBS) Erie, Pennsylvania, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WQLN.

 

37. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CITS-TV Hamilton, provided that it is distributed as part of the basic service.

 

38. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV-1 (OMNI.2) London, provided that it is distributed on channel 14, as part of the basic service.

 
Newmarket
 

39. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

40. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 14.

 

41. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

42. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

43. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CFMT-TV Toronto on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 

44. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Orangeville
 

45. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

46. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 15.

 

47. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the extra-regional service of CKNX-TV Wingham, provided that it is distributed as part of the basic service.

 

48. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 16.

 

49. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

50. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CKCO-TV Kitchener on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 
Orillia
 

51. The licensee is authorized to distribute CJMT-TV (OMNI.2) Toronto as a distant Canadian signal on the basic service.

 

52. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 
Oshawa
 

53. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

54. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service.

 

55. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CKVR-TV Barrie, provided that it is distributed as part of the basic service.

 

56. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

57. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

58. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations to distribute the priority local service of CHEX-TV Peterborough, so long as it distributes CHEX-TV-2 Oshawa, and may substitute, at its option, CHEX-TV Peterborough for CHEX-TV-2 Oshawa whenever the quality of the Oshawa signal is unsatisfactory.

 

59. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of CFMT-TV Toronto and CHEX-TV-2 Oshawa on unrestricted channels. Should the quality of these signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of these services on other channels.

 

60. The licensee is authorized to distribute, at its option, WROC-TV (CBS), WHEC-TV (NBC) and WOKR-TV (ABC) Rochester, New York, as part of the basic service.

 

61. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Ottawa
 

62. The licensee is authorized to distribute, at its option, CBMT (CBC), CFCF-TV (CTV) and CFTM-TV (TVA) Montréal, and CKWS-TV (CBC) Kingston as discretionary services included as part of the digital offering.

 

63. The licensee is authorized to distribute, at its option, the special programming service of Carleton University, without advertising material.

 

64. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations to distribute, on the basic service, the signal of the Smiths Falls transmitter of CKWS-TV Kingston.

 

65. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CITS-TV Hamilton, provided that it is distributed as part of the basic service.

 

66. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV-2 Ottawa, provided that it is distributed on channel 14 as part of the basic service.

 

67. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the programming services of CHRO-TV-43 Ottawa and CFGS-TV Hull on unrestricted channels. Should the quality of these signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of these services on other channels.

 

68. The licensee is authorized to use contra, credit and sponsorship messages, on the special programming channels of this undertaking, in accordance with section 27 of the Broadcasting Distribution Regulations (the Regulations) when community programming, as defined in section 1 of the Regulations, is broadcast.

 

69. The licensee is authorized to distribute the signals of WWJ-TV (CBS), WDIV (NBC) and WXYZ-TV (ABC) Detroit, Michigan, as part of the basic service, and WJBK-TV (FOX) Detroit, Michigan, on a discretionary basis or on the basic service, provided that it is not distributed on both the basic service and on a discretionary basis at the same time.

 

70. The licensee is authorized to substitute, at its option, the signals of WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC) and WUTV (FOX) Buffalo, New York, for the corresponding Detroit signals. This substitution of signals will only take place when all of the following criteria are met:

 
  • the Detroit signals are of poor quality;
 
  • the program carried on both the Buffalo and Detroit stations is the same (episode for episode); and
 
  • the program distributed by the licensee is not subject to a program substitution request by a local or regional Canadian broadcaster.
 

71. The licensee is authorized to substitute, at its option, either the signal of WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York, for the signal of WPBS-TV (PBS) Watertown, New York, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WPBS-TV.

 

72. The licensee shall, as an exception to sections 29(3) and 29(4) of the Broadcasting Distribution Regulations, make a contribution to Canadian programming, in each broadcast year, of an amount not less than the greater of:

 

(i) 5% of its gross revenues derived from broadcasting activities in the year, less its contributions to its French- and English-language community channels, provided that the deduction for such contributions not exceed 2% of its gross revenues derived from broadcasting activities for each of these community channels; or

 

(ii) 1% of its gross revenues derived from broadcasting activities in that year.

 

The licensee shall submit audited annual reports to the Commission listing the expenses associated with the operation of the French- and English-language community channels. The annual reports should be for the periods ending 31 August of each broadcast year, and should be filed concurrently with the licensee's annual returns.

 
Owen Sound
 

73. The licensee is authorized to distribute CJMT-TV (OMNI.2) Toronto as a distant Canadian signal on the basic service.

 

74. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

75. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CKVR-TV Barrie on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 

76. The licensee is authorized to distribute, at its option, WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC), WNED-TV (PBS) and WUTV (FOX) Buffalo, New York, as part of the basic service.

 
Pickering
 

77. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service.

 

78. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

79. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

80. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Richmond Hill
 

81. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

82. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 14.

 

83. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

84. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

85. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of CHCH-TV Hamilton and CIII-TV-41 Toronto on unrestricted channels. Should the quality of these signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of these services on other channels.

 

86. The licensee is authorized to distribute the signal of Talentvision as part of the digital service offered.

 

87. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
St. Thomas
 

88. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

89. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CITS-TV Hamilton, provided that it is distributed as part of the basic service.

 

90. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV-1 (OMNI.2) London, provided that it is distributed on channel 14 as part of the basic service.

 

91. The licensee is authorized to distribute, at its option, WOIO-TV (CBS) Cleveland, Ohio, as part of the basic service.

 

92. The licensee is authorized to distribute, at its option, WDIV (NBC) Detroit, Michigan, WJET-TV (ABC) and WQLN (PBS) Erie, Pennsylvania, and WUAB-TV (MyTV) Cleveland, Ohio, as part of the basic service.

 

93. The licensee is authorized to distribute the duplicate network service of WXYZ-TV (ABC) Detroit, Michigan, as part of the basic service, instead of WEWS-TV (ABC) Cleveland, Ohio.

 

94. The licensee is authorized to distribute the signals of WWJ-TV (CBS) and WJBK-TV (FOX) Detroit, Michigan.

 

95. The licensee is authorized to substitute, at its option, either the signal of WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York, for the signal of WQLN (PBS) Erie, Pennsylvania, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WQLN.

 

96. The licensee is authorized to substitute, at its option, the signals of WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC) and WUTV (FOX) Buffalo, New York, for the corresponding Detroit signals. This substitution of signals will only take place when all of the following criteria are met:

 
  • the Detroit signals are of poor quality;
 
  • the program carried on both the Buffalo and Detroit stations is the same (episode for episode); and
 
  • the program distributed by the licensee is not subject to a program substitution request by a local or regional Canadian broadcaster.
 
Toronto (Downsview)
 

97. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 14.

 

98. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CKVR-TV Barrie, provided that it is distributed as part of the basic service.

 

99. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations withrespect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

100. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CHCH-TV Hamilton on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 

101. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Toronto (Etobicoke)
 

102. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 14.

 

103. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CKVR-TV Barrie, provided that it is distributed as part of the basic service.

 

104. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

105. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

106. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CHCH-TV Hamilton on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 

107. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Toronto (Peel/Mississauga)
 

108. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 14.

 

109. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CKVR-TV Barrie and CKCO-TV Kitchener, provided that they are distributed as part of the basic service.

 

110. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

111. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

112. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of TFO (a French-language educational television programming service), of CBLT Toronto and of CHCH-TV Hamilton on unrestricted channels. Should the quality of these signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of these services on other channels.

 

113. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Toronto (Scarborough)
 

114. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 14.

 

115. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

116. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

117. The licensee is authorized to distribute the signal of Talentvision as part of the digital service offered.

 

118. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Toronto (York)
 

119. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV (OMNI.2) Toronto, provided that it is distributed as part of the basic service. The OMNI.2 service is offered on channel 14.

 

120. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CKVR-TV Barrie, provided that it is distributed as part of the basic service.

 

121. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect toCKXT-TV Toronto, provided that it is distributed as part of the basic service. Rogers and CKXT-TV agreed to the distribution of CKXT-TV on channel 15.

 

122. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

123. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signal of CHCH-TV Hamilton on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the service on another channel.

 

124. The licensee is authorized to distribute WNLO-23 (UPN) Buffalo, New York, on a digital discretionary basis.

 
Woodstock
 

125. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to TFO, a French-language educational television programming service, provided that it is distributed as part of the basic service.

 

126. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CJMT-TV-1 London, provided that it is distributed on channel 14 as part of the basic service.

 

127. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to the television station licensed to Crossroads Television System, provided that it is distributed as part of the basic service on a cable channel that is no higher than channel 36.

 

128. The licensee is authorized to distribute, at its option, the programming services of WIVB-TV (CBS) and WGRZ-TV (NBC) Buffalo, New York, and WJET-TV (ABC) Erie, Pennsylvania, as part of the basic service.

  Footnotes

[1] Rogers also stated that it would file an application to amend its video-on-demand (VOD) licence to enable it to offer content from its community channels. The Commission notes that this proposal will be considered in a separate process. As such, any comments pertaining to Rogers' VOD licence will not be addressed in this decision.

[2] Amended by Broadcasting Notices of Public Hearing 2006‑5‑1, 2006‑5‑2 and 2006‑5‑3.

Date Modified: 2007-07-13

Date modified: