ARCHIVED - Broadcasting Decision CRTC 2009-482
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Route reference: Broadcasting Public Notice 2008-112 |
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| Ottawa, 12 August 2009 | |||
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CTV Television Inc. and CTV Limited Across Canada |
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| The application numbers are set out below. | |||
Various analog television undertakings – Licence amendments |
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The Commission approves applications by CTVglobemedia Inc. (CTVgm) to amend the broadcasting licences of various analog television programming undertakings in order to allow the provision of high definition signals by direct feed to broadcasting distribution undertakings.
The Commission also imposes, on those analog television programming undertakings, a condition of licence relating to undue preference. In regard to a request by CTVgm for a revision of the Commission’s policies relating to simultaneous substitution, the Commission considers that this and related issues would be more appropriately addressed in the proceeding announced in Broadcasting Notice of Consultation 2009-411. |
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Introduction |
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1. |
The Commission received applications by CTVglobemedia Inc. (CTVgm), on behalf of CTV Television Inc. and CTV Limited, to amend the broadcasting licences for various analog television programming undertakings in order to add, to each licence, a condition of licence allowing the licensees to provide high definition (HD) signals by direct feed to broadcasting distribution undertakings (BDUs). The proposed condition of licence reads as follows:
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2. |
The proposed licence amendment would apply to the following undertakings: | ||
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Undertaking |
Application number |
Licensee |
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CJCH-TV Halifax, Nova Scotia |
2008-1444-3 |
CTV Television Inc. |
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3. |
CTVgm noted that the Commission’s policy is to authorize television programming undertakings to provide an HD version to BDUs by direct feed only once an application for a digital transitional licence has been approved.1 It further indicated that it has not been able to finalize digital transitional licence applications that would be compatible with post digital transition operations because certain relevant documents from the Department of Industry (the Department) have not been available.2 CTVgm submitted that, since in the present circumstances it would otherwise be unable to provide HD signals while viewers would have access to HD programming from non-Canadian television services, the requested amendments to the licences for its analog undertakings are warranted and are in the public interest. | ||
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4. |
Noting that Commission policy to this point has not required BDUs to provide simultaneous substitution with respect to HD television signals offered by direct feed only, CTVgm also submitted that the simultaneous substitution rules for HD television, whether offered by an over-the-air (OTA) transmitter or by direct feed, should be harmonized. | ||
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5. |
The Commission received interventions in support of, in opposition to, and offering general comments on the applications. The interventions and the licensee’s replies to the interventions can be found on the Commission’s website at www.crtc.gc.ca under "Public Proceedings." | ||
Commission’s analysis and determinations |
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6. |
After examining the applications in light of applicable regulations and policies and taking into account the interventions and CTVgm’s replies to the interventions, the Commission considers that the issues to be addressed in its determinations are the following:
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Overall appropriateness of the requested licence amendments |
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7. |
In Broadcasting Public Notice 2003-61, the Commission established the following interim solution for the transition from analog to digital broadcasting for conventional television services:
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8. |
The Commission notes that CTVgm’s efforts to finalize its applications have been delayed due to delays in the Department’s issuance of the aforementioned relevant documents. Given these circumstances, the Commission considers it appropriate instead to grant the authorizations to provide direct feed HD versions of these television signals by way of amendments to the analog licences. | ||
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9. |
As set out in Broadcasting Public Notice 2003-61, applicants for transitional digital licences wishing to take advantage of the interim method of delivering their digital services to BDUs are required to submit with their applications specific proposals and time frames for the construction of conventional digital broadcast facilities. Furthermore, as set out in that public notice, the Commission considers that any such interim carriage arrangements that it has authorized should be subject to conditions of licence requiring that construction of these facilities be completed and that they be in operation within specified deadlines. | ||
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10. |
In the present case, details relating to the above-noted required proposals and time frames were not provided. However, the Commission considers that the delays in the finalization of the Department’s Broadcasting Procedures and Rules and the fact that the amendments requested by CTVgm will expire within a year of the present decision justify the absence of those details in the applications submitted by CTVgm. | ||
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11. |
In Broadcasting Notice of Consultation 2009-411, the Commission announced its intention to consider, at a hearing to be held in the fall of 2009, issues relating to the transition to digital broadcasting. As stated in that notice, most broadcasters have indicated that they do not intend to convert all analog OTA transmitters to digital due to the cost of implementing digital transmitters, the current economic climate and high BDU penetration in most markets. Consequently, in the future, some communities may no longer be served by OTA signals, but rather will receive conventional television services via BDUs that have been provided with the signals by direct feed. | ||
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12. |
In light of the above, the Commission does not consider it necessary to impose conditions of licence setting out deadlines requiring that the facilities be completed and in operation. | ||
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13. |
Finally, the Commission notes that, pursuant to the policies established in Broadcasting Public Notice 2003-61, it is the provision of an "upgraded version" of the analog signal (i.e., a digital version containing any amount of HD content) that is authorized when a digital transitional licence is granted, not an "HD version." Consistent with this approach, the Commission authorizes, in regard to CTVgm’s requested licence amendments, the provision of upgraded versions of the analog services by direct feed. | ||
Access to CTVgm’s high definition signal by smaller broadcasting distribution undertakings |
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14. |
The Canadian Cable Systems Alliance submitted an intervention in which it raised concerns relating to access by smaller BDUs to CTVgm’s signals. In this regard, the Commission is of the view that CTVgm’s direct feeds should be made available to BDUs without undue preference or discrimination. | ||
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15. |
In Broadcasting Public Notice 2008-100, the Commission announced its intention to include an undue preference provision in the Television Broadcasting Regulations, 1987. In Broadcasting Notice of Consultation 2009-176, the Commission called for comments on an amendment to those regulations to insert such a provision. Until the amendments in question can take effect, the Commission finds it appropriate to impose, on the above-noted undertakings, a condition of licence relating to undue preference in the provision of these signals, as set out below. | ||
Harmonization of simultaneous substitution rules |
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16. |
As noted above, CTVgm also requested that the Commission revise its policy so as to harmonize the rules for simultaneous substitution as between digital (i.e., HD) signals provided via OTA transmitters and those provided by direct feed. This policy, set out in Broadcasting Public Notice 2003-61, provides that, once a transmitter is in operation, a primary digital service that is carried by a distributor on a priority basis will enjoy the same substitution rights as an analog service with the same priority status, provided that the quality of the signal of the broadcaster making the request is the same as or higher than the quality of the signal to be replaced. However, pursuant to Broadcasting Public Notice 2003-61, an upgraded (HD) version offered by direct feed is not entitled to distribution; rather, distribution must be negotiated with BDUs. Further, the policy does not provide for simultaneous substitution in the absence of an operational transmitter. | ||
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17. |
The Commission notes that the requirement for terrestrial BDUs to perform simultaneous substitution is imposed through the Broadcasting Distribution Regulations (the Regulations), and that the Regulations do not provide for simultaneous substitution for direct feeds. Accordingly, the relief sought by CTVgm would require a further process to amend the Regulations. As noted above, the Commission will be considering issues relating to the digital transition in the proceeding announced in Broadcasting Notice of Consultation 2009-411; these include issues relating to the provision of conventional television services that do not construct digital OTA facilities, but rather provide their signals to BDUs by direct feed for subsequent distribution. The Commission will also be considering issues relating more generally to protecting the integrity of Canadian broadcaster signals. Accordingly, the Commission considers that that proceeding will provide the best forum to consider the issue of the appropriate simultaneous substitution rights for signals provided to BDUs by direct feed. | ||
Conclusion |
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18. |
In light of the above, the Commission approves the applications by CTVglobemedia Inc. to amend the broadcasting licences for the undertakings noted above to permit them to offer upgraded versions of their signals to BDUs by direct feed until, in each case, the earlier of (a) the approval of applications for digital transitional licences for the services, or (b) 12 months from the date of this decision. | ||
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19. |
In addition, the licences for the above-noted undertakings will be subject to the following condition of licence:
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20. |
The Commission will consider, in the proceeding announced in Broadcasting Notice of Consultation 2009-411, whether it would be appropriate to revise its policies relating to simultaneous substitution so as to require BDUs to perform simultaneous substitution with respect to signals provided by direct feed. | ||
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21. |
As set out in Broadcasting Public Notice 2003-61, digital conventional television services are authorized to provide their services by direct feed for a period of up to 24 months, generally the implementation period for a licensed OTA facility. Consistent with this approach, under the assumption that the Commission will ultimately approve new digital transitional licences for the above-noted stations and barring some future change to its policy, the total allowed period of interim operation by direct feed for these signals, including the period covered by the licence amendments approved in this decision, would, in the normal course, be limited to 24 months. However, given that the end of this 24-month period immediately precedes the announced date for the shut-down of Canadian analog broadcasting, the Commission considers it appropriate that the total interim period of operation by direct feed for these stations end on 31 August 2011 (barring, of course, further changes to its policies as a result of the proceeding announced in Broadcasting Notice of Consultation 2009-411). | ||
| Secretary General | |||
Related documents |
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| 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: http://www.crtc.gc.ca. | |||
Footnotes1 See Broadcasting Public Notice 2003‑61. 2 The Department’s Post Transition Allotment Plan, which assigns digital television channels to existing broadcasters, was released in December 2008. The post digital transition Broadcast Procedures and Rules, which set out the technical guidelines for the preparation of applications to be filed with the Department and with the Commission, have not been officially issued. |
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