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Broadcasting Decision CRTC 2005-529
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Ottawa, 25 October 2005 |
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Bell Canada
Toronto, Hamilton/Niagara, Oshawa, Kitchener, London,
Windsor, Ottawa and surrounding area at each location in Ontario;
and Montréal, Gatineau, Sherbrooke, Québec and surrounding
area at each location in Quebec |
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Application 2005-0183-4
Broadcasting Public Notice CRTC 2005-55
7 June 2005 |
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Insertion of promotional material in the local availabilities
of U.S. satellite services
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The Commission approves the
application by Bell Canada to amend the broadcasting licences for its
terrestrial broadcasting distribution undertakings serving the
communities noted above, in order to add a condition of licence that
would allow it to insert certain promotional material as a substitute
for the local availabilities of non-Canadian satellite services. |
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The application
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1. |
The Commission has received an application
by Bell Canada to amend the broadcasting licences for its terrestrial
broadcasting distribution undertakings serving the communities noted
above, in order to add the following condition of licence: |
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The licensee is authorized, by condition of licence, to insert,
at its option, certain promotional material as a substitute for the
"local availabilities" (i.e. non-Canadian advertising material) of
non-Canadian satellite services, subject to the requirement that at
least 75% of these local availabilities be made available for use by
licensed Canadian programming services for the promotion of their
respective services, for the promotion of any future community
channel that the licensee might operate, and for unpaid Canadian
public service announcements. A maximum of 25% of the commercial
availabilities may be made available for the promotion of
discretionary programming services and packages, cable subscriber
service information, channel realignments, cable FM service and
additional cable outlets.
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Interventions
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2. |
The Commission received one intervention
from Rogers Cable Communications Inc. (Rogers) in connection with this
application. Rogers argued that the proposed wording of the condition of
licence requested by Bell Canada was different from the wording of
similar conditions that appear in the distribution licences held by
Rogers. Specifically, Rogers noted that the second sentence of the
proposed condition of licence refers to "commercial availabilities"
rather than "local availabilities". Rogers was concerned that this
difference in wording could be interpreted as giving Bell Canada greater
flexibility in complying with the 75%/25% thresholds. |
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Applicant’s reply
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3. |
Bell Canada submitted that Rogers’ concern
is unfounded and that it understands the limit of its entitlement with
respect to the broadcasting of promotions. Bell Canada added that it
would have no objection to its proposed condition of licence being
revised such that the term "commercial availabilities" is changed to
"local availabilities". |
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Commission’s analysis and determination
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4. |
The Commission notes that the wording of
the condition of licence, as proposed by Rogers and accepted by Bell
Canada, is consistent with its longstanding approach with respect to the
use of local availabilities. |
5. |
In light of the above, the Commission
approves the application by Bell Canada to amend the broadcasting
licences for its terrestrial broadcasting distribution undertakings
serving the communities noted above. The following condition is
added to its licences: |
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The licensee may, at its option, insert certain promotional
material as a substitute for the "local availabilities" (i.e.,
non-Canadian advertising material) of non-Canadian satellite
services. At least 75% of these local availabilities must be made
available for use by licensed Canadian programming services for the
promotion of their respective services, the promotion of any future
community channel that the licensee might operate, and for unpaid
Canadian public service announcements. A maximum of 25% of the local
availabilities may be made available for the promotion of
discretionary programming services and packages, customer service
information, channel realignments, cable FM service and additional
cable outlets.
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6. |
As set out in Tools to promote and improve
the visibility of services whose national distribution is required
pursuant to section 9(1)(h) of the Broadcasting Act, Broadcasting
Public Notice CRTC 2005-89,
9 September 2005, the Commission encourages the licensee to use the
local availabilities to promote and improve the visibility of services
whose national distribution is required pursuant to section 9(1)(h)
of the Broadcasting Act. |
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Secretary General |
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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
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