ARCHIVED - Broadcasting Decision CRTC 2015-90

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Route reference: 2014-441

Ottawa, 16 March 2015

Comwave Networks Inc.
Greater Toronto, Hamilton, Kitchener, London, Ottawa, Windsor and their surrounding areas, Ontario

Application 2014-0583-7, received on 24 June 2014
Public hearing in the National Capital Region
28 October 2014

Regional broadcasting licence for terrestrial broadcasting distribution undertakings to serve various locations in Ontario

The Commission approves an application for a regional broadcasting licence to operate terrestrial broadcasting distribution undertakings to serve various locations in Ontario.

Application

1. Comwave Networks Inc. (Comwave) filed an application for a regional broadcasting licence to operate terrestrial broadcasting distribution undertakings (BDUs) to serve Greater Toronto, Hamilton, Kitchener, London, Ottawa, Windsor and their surrounding areas, Ontario. The Commission did not receive any interventions regarding this application.
2. Comwave is jointly controlled by Yuval Barzakay and Ron Barsakay, the two trustees of the Barzakay Family Trust.
3. For Greater Toronto, Hamilton, Kitchener, Ottawa and their surrounding areas, the applicant requested authorization to distribute, at its option, and as part of the basic service, the U.S. 4+1 signals^{Footnote 1} WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC), WUTV-TV (FOX) and WNED-TV (PBS) Buffalo, New York, 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 on the List of non-Canadian programming services authorized for distribution (the list). It also requested authorization to distribute, at its option, on a discretionary basis, WNLO-TV (IND) and WNYO-TV (IND) Buffalo, New York.
4. For London, Windsor and their surrounding areas, Comwave requested authorization to distribute, at its option, and as part of the basic service, the U.S. 4+1 signals WWJ-TV (CBS), WDIV-TV (NBC), WXYZ-TV (ABC), WJBK-TV (FOX) and WTVS-TV (PBS) Detroit, Michigan, 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 on the list. It also requested authorization to distribute, at its option, on a discretionary basis, WKBD-TV (IND) and WMYD-TV (IND) Detroit, Michigan.

Commission’s analysis and decisions

5. The Commission notes that the authorizations requested by the applicant are consistent with authorizations previously granted in similar cases. Accordingly, the Commission authorizes Comwave to distribute the services identified in its application. Conditions of licence to this effect are set out in the appendix to this decision.
6. In light of all of the above, the Commission approves the application by Comwave Networks Inc. for a regional broadcasting licence to operate terrestrial BDUs to serve Greater Toronto, Hamilton, Kitchener, London, Ottawa, Windsor and their surrounding areas, Ontario. The licensee shall adhere to the conditions set out in the licence, as well as to the terms and conditions of licence set out in the appendix to this decision.

Other matters

General authorizations for broadcasting distribution undertakings

7. The Commission notes that under the conditions specified in its licence, a BDU is also authorized to distribute any service and to undertake any activity authorized in Broadcasting Regulatory Policy 2011-522, as amended from time to time, under the terms and conditions set out therein.

Implementation of the Commission’s determinations regarding accessibility of services

8. In the Accessibility Policy (Broadcasting and Telecom Regulatory Policy 2009-430), the Commission stated its intention to impose on BDUs a number of requirements and expectations pertaining to customer service, access to described video^{Footnote 2} and accessibility of programming. The Commission notes the applicant’s indication that it would adhere to a condition of licence requiring it to provide one or more simple means of accessing described programming and its commitment to meet the requirements regarding customer service and information set out in the Accessibility Policy. Conditions of licence, requirements and expectations to improve accessibility are set out in the appendix to this decision.
9. 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 expected licensed BDUs to ensure that 100% of original access programming^{Footnote 3} 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). Conditions of licence and expectations to this effect are set out in the appendix to this decision.
10. 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

11. The Commission reminds the applicant that it will be required to distribute within its licensed service areas 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

• General authorizations for broadcasting distribution undertakings, Broadcasting Regulatory Policy CRTC 2011-522, 24 August 2011
• Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010
• 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.

Appendix to Broadcasting Decision CRTC 2015-90

Terms, conditions of licence, requirements, expectations and encouragements for the terrestrial broadcasting distribution undertakings to serve Greater Toronto, Hamilton, Kitchener, London, Ottawa, Windsor and their surrounding areas, Ontario

Terms

The operation of these undertakings will be regulated pursuant to the Broadcasting Distribution Regulations and all related policies.

A licence will be issued once the applicant has:

• informed the Commission in writing that it is prepared to commence operations. The undertakings must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 16 March 2017. To ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date; and
• filed, at the same time it informs the Commission that it is ready to commence operations, a website address (or addresses) where its distribution grids that are in compliance with current regulations and applicable conditions of licence are posted for each of its licensed service areas.

The licence will expire 31 August 2021.

Conditions of licence

1. The licensee shall adhere to the conditions of licence set out in General conditions of licence for terrestrial (cable, digital subscriber line, multipoint distribution system) and direct-to-home (DTH) satellite broadcasting distribution undertakings, Broadcasting Regulatory Policy CRTC 2009-547, 31 August 2009, including the general conditions of licence for terrestrial broadcasting distribution undertakings set out in Appendix 1 to that regulatory policy.
2. For Greater Toronto, Hamilton, Kitchener, Ottawa and their surrounding areas, the licensee is authorized to distribute:
   • at its option, and as part of the basic service, WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC), WUTV-TV (FOX) and WNED-TV (PBS) Buffalo, New York, 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 on List of non-Canadian programming services authorized for distribution, as amended from time to time and approved by the Commission; and
   • at its option, on a discretionary basis, WNLO-TV (IND) and WNYO-TV (IND) Buffalo, New York.
3. For London, Windsor and their surrounding areas, the licensee is authorized to distribute:
   • at its option, and as part of the basic service, WWJ-TV (CBS), WDIV-TV (NBC), WXYZ-TV (ABC), WJBK-TV (FOX) and WTVS-TV (PBS) Detroit, Michigan, 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 on the List of non-Canadian programming services authorized for distribution, as amended from time to time and approved by the Commission; and
   • at its option, on a discretionary basis, WKBD-TV (IND) and WMYD-TV (IND) Detroit, Michigan.
4. The licensee shall provide one or more simple means of accessing described programming, whether in an open or embedded format, that requires little or no visual acuity.
5. The licensee shall caption 100% of original licensee-produced programming on the community channel by the end of the licence term.
6. The licensee shall provide audio description for all the key elements of information programs, including news programming on its community channel (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).

Requirements

The licensee is required to promote information on all of its disability-specific services and products, in the accessible manner(s) of its choice.

The licensee is required to incorporate an easy-to-find home page link to the special needs/disability sections of its website, if its website includes such sections.

The licensee is required to make the information on its website accessible to the point of providing reasonable accommodation for persons with disabilities (examples of what the Commission considers to be reasonable accommodations are listed in paragraph 66 of Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009).

Where customer service functions on its website are not accessible, the licensee is required to ensure that persons with disabilities will not incur a charge or otherwise be disadvantaged if they use an alternate avenue of customer service.

The licensee is required to make accessible any customer service functions that are available solely over its website.

The licensee is required to make its general call centers accessible to the point of providing reasonable accommodation to persons with disabilities by:

1. training customer service representatives in handling enquiries from persons with disabilities and familiarizing them with the service provider’s products and services for persons with disabilities; and
2. making its Interactive Voice Response systems accessible.

Expectations

The Commission expects the licensee to ensure that subscribers are able to identify programming with described video in the electronic program guide.

The Commission expects the licensee 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 expects the licensee to ensure that 100% of original access programming aired on its community channel is captioned by the end of the licence term.

Encouragements

The Commission encourages the licensee to ensure that its set-top boxes are accessible to subscribers with vision and fine motor skill disabilities.

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

Date modified:

2015-03-16