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ARCHIVED - Broadcasting Decision CRTC 2008-49

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Broadcasting Decision CRTC 2008-49

  Ottawa, 28 February 2008
  Jim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership
 Prince George, British Columbia and Medicine Hat, Alberta
  Applications 2007-1296-0 and 2007-1298-6, received 17 September 2007
Broadcasting Public Notice CRTC 2007-117
18 October 2007
 

CKPG-TV Prince George and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG-TV-5 Quesnel, British Columbia, and CHAT-TV Medicine Hat and its transmitters CHAT-TV-1 Pivot, Alberta and CHAT-TV-2 Maple Creek, Saskatchewan - Licence amendments

  The Commission approves applications byJim Pattison Broadcast Group Limited Partnership to amend the broadcasting licences of the television programming undertakings CKPG-TV Prince George and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG-TV-5 Quesnel, British Columbia, and CHAT‑TV Medicine Hat and its transmitters CHAT-TV-1 Pivot, Alberta and CHAT-TV-2 Maple Creek, Saskatchewan by deleting conditions of licence requiring that these stations operate as affiliates of the English-language television network of the Canadian Broadcasting Corporation.
 

Introduction

1. The Commission received two applications by Jim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership (Pattison), to amend the broadcasting licences of the television programming undertakings CKPG-TV Prince George and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG‑TV‑5 Quesnel, British Columbia, and CHAT-TV Medicine Hat and its transmitters CHAT-TV-1 Pivot, Alberta and CHAT-TV-2 Maple Creek, Saskatchewan.1 Pattison proposed to delete the condition of licence for each undertaking relating to its affiliation with the Canadian Broadcasting Corporation (CBC). This condition of licence states:
 

The licensee shall operate this broadcasting undertaking as an affiliate of the English-language television network operated by the Canadian Broadcasting Corporation.

2. Pattison indicated that it has come to an agreement with Canwest Media Inc. to supply programming for both stations. However, Pattison made a commitment that, upon disaffiliation from the CBC, it would continue to broadcast a weekly average of 6 hours and 30 minutes of original local programming on CKPG-TV and of 10 hours and 30 minutes on CHAT-TV, consistent with Broadcasting Decisions 2004-377 and 2004‑374, respectively.
3. The Commission received interventions supporting and opposing these applications. The interventions and the applicant's reply to them are available on the Commission's website at www.crtc.gc.ca under "Public Proceedings." After examining the application, the interventions and the applicant's reply, the Commission considers that the issue raised by this application is whether the Commission should approve the applications given that it would mean that some viewers in the area served by these stations would no longer be able to receive the programming of the CBC English-language television network if they do not subscribe to a service provided by cable or direct-to-home (DTH) distribution undertakings.
 

Positions of parties

 

The applicant

4. Pattison argued that disaffiliation from the CBC English-language television network was necessary to ensure that its Prince George and Medicine Hat stations have a viable future as local television broadcasters. It was of the view that the current affiliation agreement would not be renewed on terms that are viable for these stations.
5. Pattison added that provision of CBC service was the responsibility of the CBC itself, and that it was beyond the control of Pattison as to whether the CBC elects to build over-the-air transmitters in the two affected markets.
 

The CBC

6. The CBC supported the Pattison applications and used the opportunity to clarify its position on the use of over-the-air transmitters to provide service. The Corporation indicated that it had assessed the situation in Prince George and Medicine Hat and concluded that, in light of its financial situation and the upcoming move to digital transmission, it would not introduce analog over-the-air transmitters in these markets at this time to provide the service of the English-language television network.
7. The CBC submitted that cable and DTH distribution undertakings enjoy a high level of penetration in these markets. The CBC noted that the full CBC television service is available from DTH undertakings and, upon disaffiliation, cable undertakings would be required to carry the CBC service under the provisions of section 17(1) of the Broadcasting Distribution Regulations. The CBC argued that over-the-air tuning represents only 9% of tuning to the English-language CBC television network in Prince George and 8% in Medicine Hat, and that these levels are declining from year to year.
 

Other parties

8. Those supporting the applications were of the view that approval would lead to the availability of more popular programming, continued employment for station staff, increased health of the stations, enhanced local news coverage and better advertising vehicles for local advertisers.
9. Those opposing the applications generally raised concerns regarding the loss of the CBC's over-the-air signals in Prince George and Medicine Hat. Concern was also expressed that approval of the applications would set a precedent for other CBC affiliates to submit similar applications, leaving areas in rural Canada without over-the-air free access to the service of the national public broadcaster.
 

Commission's analysis and determinations

10. The Commission has considered the arguments submitted by Pattison and the CBC regarding the circumstances of the present case as well as the views expressed by the interveners to this application. It acknowledges that approval of the applications will mean that some viewers that do not subscribe to the services of cable and DTH undertakings will no longer have access to the CBC's English-language television network service.
11. However, the Commission is of the view that responsibility to provide CBC services rests with the CBC itself, not with private broadcasters such as Pattison. The Commission further notes that the CBC supports the Pattison application.
12. Accordingly, the Commission approves the applications byJim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership to amend the broadcasting licences of the television programming undertakings CKPG-TV Prince George and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG‑TV‑5 Quesnel, British Columbia, and CHAT-TV Medicine Hat and its transmitters CHAT-TV-1 Pivot, Alberta and CHAT-TV-2 Maple Creek, Saskatchewan by deleting the conditions of licence requiring that these stations operate as affiliates of the English-language television network of the CBC.
13. The Commission reminds the CBC of its obligations under section 3(1)(m)(vii) of the Broadcasting Act to ensure that its programming "be made available throughout Canada by the most appropriate and efficient means and as resources become available for the purpose." At the time of the CBC's next licence renewals, the Commission will review with the CBC its plans for extending its full service throughout Canada, including the projected costs.
  Secretary General
 

Related documents

 
  • Broadcasting Public Notice CRTC 2007-117, 18 October 2007
 
  • CKPG-TV Prince George and its transmitters - Licence renewal, Broadcasting Decision CRTC 2004-377, 27 August 2004
 
  • CHAT-TV Medicine Hat and its transmitters - Licence renewal, Broadcasting Decision CRTC 2004-374, 27 August 2004
  This decision is to be appended to each 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. 

Footnote:
 1 In Broadcasting Public Notice 2007-117, the Commission inadvertently left out the names of the transmitters attached to the licences of CKPG-TV and CHAT-TV.
 

Date Modified: 2008-02-28
Date modified: