|
|
Broadcasting Decision CRTC 2007-231
|
|
|
See also: 2007-231-1
Ottawa, 13 July 2007
|
|
|
Rogers Cable Communications Inc.
Tillsonburg, Ontario
|
|
|
Application 2006-1627-9, received 11 December 2006
Public Hearing in the National Capital Region
30 April 2007
|
|
|
Class 2 regional licence for a cable broadcasting distribution undertaking in Ontario
|
|
|
The Commission approves the application by Rogers Cable Communications Inc. for a Class 2 regional broadcasting licence to operate a cable broadcasting distribution undertaking serving Tillsonburg, Ontario. The Commission also approves the licensee's request to amend and delete specific conditions of licence for this undertaking, and approves its request for a redefinition of the authorized service area. 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 2 regional broadcasting licence to operate a cable broadcasting distribution undertaking (BDU) serving Tillsonburg, Ontario. Rogers currently operates this BDU under an individual Class 2 licence, which expires 31 August 2007.
|
|
2.
|
Rogers also requested amendments to certain conditions of licence as well as the deletion of one condition of licence. 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 a particular condition of licence that is no longer required, or would indicate that a particular service is to be distributed on the basic service rather than on a discretionary tier. The specific details of the proposed amendments to the broadcasting licence for this undertaking 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.
|
Finally, Rogers requested a redefinition of the authorized service area for this undertaking, so as to reflect the expansion of residential areas.
|
|
|
Commission's analysis
|
|
5.
|
The Commission received an intervention with comments from Only Imagine Inc., as well as 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.
|
|
|
Request for a regional licence
|
|
6.
|
The Commission notes that Rogers requested a Class 2 regional licence to operate a single cable BDU serving Tillsonburg. In support of its request, Rogers stated that, in the near future, it would be able to provide, under this same Class 2 regional licence, service to subscribers in other areas of Ontario. Although Rogers did not provide a specific time frame in which it would apply for other BDUs to be included in this regional licence, the Commission is of the view that the approach proposed by Rogers maintains the integrity of the licensing process and ensures administrative efficiency.
|
|
|
Amendment 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 this undertaking.
|
|
|
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.
|
|
|
Commission's determinations
|
|
9.
|
In light of the above, the Commission approves the application by Rogers Cable Communications Inc. for a Class 2 regional broadcasting licence to operate the cable broadcasting distribution undertaking serving Tillsonburg, Ontario, subject to the requirements of this decision. The operation of this undertaking will be regulated pursuant to the Broadcasting Distribution Regulations. The Commission also approves Rogers' request for amendments to certain conditions of licence and for the deletion of one condition of licence, as specified in the licensee's application. The Commission will issue a Class 2 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 licence under which Rogers currently operates this BDU will not be further renewed.
|
|
10.
|
The Commission also approves the licensee's request to redefine the authorized service area for this undertaking.
|
|
11.
|
Finally, given the Commission's view that the question of what can 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
|
|
12.
|
In Broadcasting Decision 2005-198, the Commission approved an application by Rogers for an amendment to its condition 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 received a second set of U.S. 4+1 signals on a digital discretionary basis.
|
|
13.
|
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
|
|
14.
|
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
|
|
|
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
-
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 2007-231
|
|
|
Terms and conditions of licence
|
|
|
Terms
|
|
|
The licence will come into effect 1 September 2007 and will expire 31 August 2014.
|
|
|
Conditions of licence
|
|
|
1. The licensee is relieved from the requirements of section 17 of the Broadcasting Distribution Regulations with respect to CBLFT-9 London, provided that it is distributed as part of the basic service.
|
|
|
2. 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.
|
|
|
3. 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.
|
|
|
4. 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.
|
|
|
5. The licensee is relieved from the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of CKCO-TV Kitchener and CBLN-TV London on unrestricted channels. Should the quality of the signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including the distribution of the services on other channels.
|
|
|
6. The licensee is authorized to distribute, at its option, the programming services of WDIV (NBC) Detroit, Michigan and WKBW-TV (ABC) Buffalo, New York, as part of the basic service.
|
|
|
7. The licensee is authorized to distribute, on a digital discretionary basis, the signal of WNYO-49 (Warner Brothers) Buffalo, New York.
|
|
|
8. The licensee is authorized to distribute the signals of WWJ-TV (CBS), WXYZ-TV (ABC) and WJBK-TV (FOX) Detroit, Michigan.
|
|
|
9. 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.
|
|
|
10. 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, Michigan 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.
|
|
|
11. 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.
|
|
|
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.
|
|
|
12. 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.
|
|
|
13. 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.
|
|
|
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.
|
|
|
Footnotes
[] 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, and as such, any comments pertaining to Rogers' VOD licence will not be addressed in this decision.
[] Amended by Broadcasting Notices of Public Hearing 2006‑5‑1, 2006‑5‑2 and 2006‑5‑3.
|
Date Modified: 2007-07-13
|