ARCHIVED - Broadcasting Decision CRTC 2011-450

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Additional reference: 2011-450-1

Route reference: 2011-55

Ottawa, 28 July 2011

AEBC Internet Corp.
Vancouver and Lower Mainland, British Columbia

Application 2010-1653-5, received 9 November 2010
Public Hearing in the National Capital Region
5 April 2011

Terrestrial broadcasting distribution undertaking to serve Vancouver and the Lower Mainland

The Commission approves the application by AEBC Internet Corp. for a broadcasting licence to operate a terrestrial broadcasting distribution undertaking to serve Vancouver and the Lower Mainland, British Columbia.

The application

1.      The Commission received an application by AEBC Internet Corp. (AEBC) for a broadcasting licence to operate a terrestrial broadcasting distribution undertaking (BDU) to serve Vancouver and the Lower Mainland, British Columbia. The Commission did not receive any interventions concerning this application.

2.      AEBC is a corporation owned and controlled by its sole shareholder and sole director, Mr. Tony Lum.

3.      AEBC requested authorization to:

• distribute, at its option, CHEK-TV (IND) Victoria and CIVI-TV (A) Victoria as part of its discretionary service;

• distribute, at its option, as part of the basic service, KIRO-TV (CBS), KING-TV (NBC) and KOMO-TV (ABC) Seattle, and KCPQ (FOX) Tacoma and KCTS-TV (PBS) Seattle, or alternatively for each signal, the signal of a different affiliate of the same network located in the same time zone as that of the licensed area and included in the List of non-Canadian programming services authorized for distribution, as amended from time to time;

• distribute, on a digital discretionary basis, any of the distant Canadian television signals set out in the List of non-Canadian programming services authorized for distribution 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 (referred to as the second set of U.S. 4+1 signals);

• distribute, at its option, KVOS-TV (IND) Bellingham and KSTW (IND) Tacoma/Seattle, Washington, as part of its basic service; and

• distribute, at its option, a special programming service consisting of ethnic and multicultural programs.

4.      AEBC also stated its willingness to accept a condition of licence requiring that it provide one or more simple means of accessing described programming, whether in an open or embedded format. It also committed to meet the requirements regarding customer service and information set out in Broadcasting and Telecom Policy 2009-430 (the Accessibility Policy).

Commission’s analysis and determinations

5.      Based on the examination of the application, the Commission has identified the following issues to be addressed in its determinations:

• distribution of CHEK-TV (IND) Victoria and CIVI-TV (A) Victoria as part of the discretionary service;

• distribution of U.S. 4+1 signals as part of the basic service;

• distribution of distant Canadian television signals and a second set of U.S. 4+1 signals;

• distribution of KVOS-TV (IND) Bellingham and KSTW (IND) Tacoma/Seattle, Washington, as part of the basic service;

• distribution of a special programming service consisting of ethnic and multicultural programs.

Distribution of CHEK-TV (IND) Victoria and CIVI-TV (A) Victoria

6.      The Commission notes that section 17(1)(c) of the Broadcasting Distribution Regulations (the Regulations) requires that a licensee must carry on the basic service the programming services of all local television stations. Since CHEK-TV (IND) Victoria is a local station in Vancouver, the licensee will be obligated to distribute CHEK-TV on the basic service.

7.      Given that CIVI-TV (A) Victoria, has a transmitter in Vancouver (CIVI-TV-2), the signal must also be carried on the basic service.

Distribution of U.S. 4+1 signals as part of the basic service

8.      The Commission notes that it has already authorized BDUs to distribute, as part of the basic service, the U.S. 4+1 signals or the signals of another affiliate of the same network located in the same time zone as that of the licensed area. The authorization requested by the applicant is consistent with authorizations previously granted by the Commission in similar cases. 

9.      Accordingly, the Commission authorizes AEBC to distribute, at its option, as part of the basic service, KIRO-TV (CBS), KING-TV (NBC) and KOMO-TV (ABC) Seattle, and KCPQ (FOX) Tacoma and KCTS-TV (PBS) Seattle, or alternatively for each signal, the signal of a different affiliate of the same network located in the same time zone as that of the licensed area and included in the List of non-Canadian programming services authorized for distribution, as amended from time to time. A condition of licence to that effect is set out in the appendix to this decision.

Distribution of distant Canadian television signals and a second set of U.S. 4+1 signals

10.  As previously announced in Broadcasting Notice of Consultation 2010-931, the Commission intends to amend the Regulations. The amended Regulations, which will be effective 1 September 2011, will address the distribution of distant Canadian signals by a terrestrial BDU and the distribution of a second set of U.S. 4+1 signals.

11.  Accordingly, the Commission finds that the distribution of distant Canadian signals and a second set of U.S. 4+1 signals on a digital discretionary basis should be done in accordance with the regime to be established in the amended Regulations.

Distribution of KVOS-TV (IND) Bellingham and KSTW (IND) Tacoma/Seattle, Washington, as part of the basic service

12.  The Commission notes that it has already authorized BDUs to distribute as part of the basic service the signals KVOS-TV (IND) Bellingham and KSTW (IND) Tacoma/Seattle, Washington. The authorization requested by the applicant is consistent with authorizations previously granted by the Commission in similar cases. 

13.  Accordingly, the Commission authorizes AEBC to distribute, at its option, KVOS-TV (IND) Bellingham and KSTW (IND) Tacoma/Seattle, Washington, as part of its basic service. A condition of licence to that effect is set out in the appendix to this decision.

Distribution of a special programming service consisting of ethnic and multicultural programs

14.  The Commission notes that it has already authorized BDUs to distribute a special programming service consisting of ethnic and multicultural programs. The authorization requested by the applicant is consistent with authorizations previously granted by the Commission in similar cases. 

15.  Accordingly, the Commission authorizes AEBC to distribute, at its option, a special programming service consisting of ethnic and multicultural programs. A condition of licence to that effect is set out in the appendix to this decision.

Conclusion

16.  In light of the above, the Commission approves the application by AEBC Internet Corp. for a broadcasting licence to operate a terrestrial broadcasting distribution undertaking to serve Vancouver and the Lower Mainland. The operation of this undertaking will be regulated pursuant to the Broadcasting Distribution Regulations. The licence will be subject to the conditions specified therein, as well as to the conditions of licence set out in the appendix to this decision.

Other matters

General authorizations for broadcasting distribution undertakings

17.  The Commission notes that, under the conditions specified in its licence, a licensee is also authorized to distribute any service and to undertake any activity authorized in Broadcasting Regulatory Policy 2009-546, as amended from time to time, under the terms and conditions set out therein.

Implementation of the Commission's determinations regarding accessibility of services

18.  In the Accessibility Policy, the Commission stated its intention to impose on BDUs a number of requirements and expectations pertaining to customer service, access to described video and accessibility of programming. 

19.  Further, in Broadcasting Regulatory Policy 2010-622, the Commission stated that it intended to impose conditions of licence requiring licensed BDUs that operate community channels to caption 100% of original licensee-produced programming by the end of the licence term. The Commission also indicated that it expects licensed BDUs to ensure that 100% of original access programming on the community channel is captioned by the end of the licence term. Finally, the Commission stated that it intended to impose conditions of licence requiring licensed BDUs that operate a community channel to provide audio description for all information programs and for news programming (that is, the voice-over of key textual, graphic design and still image elements, such as phone numbers, stock information or weather maps that are posted on the screen).

20.  AEBC stated that it is prepared to accept a condition of licence requiring it to provide one or more simple means of accessing described programming, whether in an open or embedded format. Such means must require little or no visual acuity. A condition of licence to that effect is set out in the appendix to this decision.

21.  Also, consistent with the Accessibility Policy and as committed to by the applicant, AEBC is required to provide and promote specified information in an accessible manner, to ensure the accessibility of specified customer service functions, and to ensure that use of alternate avenues of customer service do not result in a disadvantage to persons with disabilities.

22.  In addition, consistent with the Accessibility Policy, the Commission expects AEBC to ensure that subscribers are able to identify programming with described video in the electronic program guide, and to make information available in alternative formats to subscribers regarding, among other things, the programming and services offered and the channel line-up. The Commission further encourages the licensee to ensure that its set-top boxes are accessible to subscribers with vision and fine motor skill disabilities.

23.  The Commission notes that it may impose further conditions of licence respecting accessibility matters five years into the licence term, if deemed appropriate.

Mandatory distribution of 9(1)(h) services

24.  The Commission reminds the applicant that it will be required to distribute within its licensed area all services licensed for mandatory carriage as part of the basic service of distribution undertakings pursuant to section 9(1)(h) of the Broadcasting Act.

Secretary General

Related documents

• Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010

• Call for comments on amendments to the Broadcasting Distribution Regulations, Broadcasting Notice of Consultation CRTC 2010-931, 10 December 2010

• General authorizations for broadcasting distribution undertakings, Broadcasting Regulatory Policy CRTC 2009-546, 31 August 2009

• Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009

*This decision is to be appended to the licence.