ARCHIVED - Broadcasting Procedural Letter Addressed to Various Parties

Ottawa, 15 July 2016

VIA E-MAIL

Dear Sir / Madam,

Re: Change to procedure – Broadcasting Notice of Consultation 2016-195, Call for comments on standard requirements for television stations, discretionary services, and on-demand services

On 20 May 2016, the Commission issued Notice of Consultation 2016-195 (hereinafter, the Notice or the proceeding), wherein it called for comments on, among other things, standard conditions of licence, expectations and encouragements for television stations, discretionary services (i.e., pay television and specialty services), and on-demand services (i.e., pay-per-view and video-on-demand services). As part of the Notice, the Commission stated that it will be proposing, in the new Discretionary Services Regulations, to permit all discretionary services – including those currently licensed as pay television services – to broadcast advertising.

In its intervention submitted as part the above-mentioned proceeding, DHX Television Ltd. (DHX) supported eliminating the restriction on advertising on pay television services, and submitted that this restriction should be removed as soon as possible – that is, before the date that the proposed Discretionary Service Regulations would come into force.

Similarly, the Commission is in receipt of a letter from DHX dated 8 June 2016 in which the licensee requested that the Commission immediately announce that the existing restriction on advertising set out in the Pay Television Regulations, 1990 will not be enforced, effective immediately, and before the proposed Discretionary Service Regulations are in effect. A copy of DHX’s correspondence has been added to the record of the proceeding.

While the Commission has signalled its intent to permit all discretionary services to broadcast advertising once the new regulations are in force, DHX has made specific requests and raised considerations regarding the advertising restriction for pay television services. Therefore, parties to the proceeding and other interested persons will be granted an additional period of time to provide comments on the following issues only:

• whether the Commission should approve DHX’s request; and
• if the Commission were to no longer enforce paragraph 3(2)(d) of the Pay Television Regulations, 1990, whether pay television licensees should be required to adhere to the conditions of licence relating to the broadcast of commercial messages.^{Footnote 1}

Accordingly, with this letter, parties to the proceeding and other interested persons are permitted a period of five (5) days to provide any additional comments on these matters. It should be noted that only comments pertaining to DHX’s request not to enforce the advertising restriction for pay television services will be considered during this additional comment period.

The deadline for submission of interventions is 20 July 2016.

Yours sincerely,

Scott Hutton
Executive Director, Broadcasting

Distribution List:  
Parties to Broadcasting Notice of Consultation 2016-195;
Bell Media Inc.;
DHX Television Ltd.;
Allarco Entertainment Limited Partnership; and
Télévision Sex-Shop inc.

Date modified:

2016-07-15