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Broadcasting Decision CRTC 2006-618
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Ottawa, 7 November 2006 |
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Seaside Communications Inc.
Glace Bay and surrounding areas, Nova Scotia |
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Application 2006-1032-0
Broadcasting Public Notice CRTC 2006-120
13 September 2006 |
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Licence amendment to add a condition of licence relating to the use
of local availabilities in non-Canadian satellite services
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In this decision, the Commission
approves an application by Seaside Communications Inc. to amend the
broadcasting licence for the cable broadcasting distribution undertaking
serving Glace Bay and surrounding areas, in order to add a condition of
licence relating to the use of local availabilities. |
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The application
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1. |
The Commission received an application by
Seaside Communications Inc. (Seaside) to amend the broadcasting licence
for its Class 1 cable broadcasting distribution undertaking (BDU)
serving Glace Bay and surrounding areas. Specifically, the licensee
requested that the Commission add a condition of licence relating to the
use of local availabilities, to read as follows: |
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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, for the promotion of the
community channel 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, additional cable outlets and
non-programming services, including Internet and telephone services.
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Interventions
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2. |
The Commission did not receive any
interventions in connection with this application. |
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Commission’s analysis and determinations
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3. |
In Promotion of non-programming services
using local availabilities, Broadcasting Public Notice CRTC 2006-69,
2 June 2006 (Public Notice 2006-69), the Commission set out its
conclusion that it is appropriate to update its policy with respect to
the use of local availabilities to permit BDUs to use these
availabilities to promote non-programming services, subject to certain
conditions. |
4. |
Specifically, the Commission concluded that
BDUs that seek and receive amendments to their conditions of licence so
as to use local availabilities for this purpose will be authorized to
use a maximum of 25% of local availabilities for the promotion of
discretionary programming services and packages, customer service
information, channel realignments, cable FM service, additional cable
outlets and non-programming services, including Internet and telephone
services. |
5. |
In Public Notice 2006-69, the Commission
also added that the promotion of non-programming services in local
availabilities should generally be limited to those non-programming
services that are made available in conjunction with programming
services that are offered by the BDU, by an affiliated company, or by a
third party pursuant to a marketing arrangement with the BDU. The
Commission noted that, should a complaint arise, BDUs should ensure that
they are in a position to provide, at the Commission’s request, a report
with respect to their use of local availabilities. With respect to costs
of broadcasting promotions in local availabilities, the Commission
reiterated that BDUs may only charge Canadian programming services their
share of the direct costs associated with the insertion of their
promotional material in local availabilities. |
6. |
The Commission considers that the Seaside
application falls within the scope of its updated policy regarding the
use of local availabilities set out in Public Notice 2006-69.
Accordingly, and consistent with that policy, the Commission approves
the application by Seaside Communications Inc. and amends the
broadcasting licence for its Class 1 cable BDU serving Glace Bay and
surrounding areas by adding a condition of licence relating to
the use of local availabilities, to read as follows: |
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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, for the promotion of the
community channel, and for unpaid Canadian public service
announcements. A maximum of 25% of the local availabilities may be
used to provide subscribers with information regarding customer
service and channel realignments, and for the promotion of
discretionary programming services and packages, cable FM service,
additional cable outlets and non-programming services, including
Internet and telephone services.
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Secretary General |
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This decision is to be appended to the
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 |
Date Modified: 2006-11-07 |