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Broadcasting Public Notice CRTC 2005-91
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Ottawa, 19 September 2005
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Distribution of The Military Channel – Call for comments
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The Commission calls for comments on a
request from the Canadian Cable Telecommunications Association (CCTA) to
amend the lists of eligible satellite services to reflect a change in
name of the non-Canadian satellite service Discovery Wings to The
Military Channel. The CCTA has submitted that the Commission’s
current authorization to distribute Discovery Wings extends to The
Military Channel. |
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Background
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1. |
The Commission periodically publishes lists
of eligible satellite services (the lists)1
that set out various Canadian and non-Canadian programming
services received via satellite that may be distributed by broadcasting
distribution undertakings (BDUs). |
2. |
In Call for comments on proposals by
sponsors for the addition of non-Canadian satellite services to a
digital list of eligible satellite services, Public Notice CRTC
2001-33, 2 March
2001 (Public Notice 2001-33),
the Commission called for comments on a request by the Canadian Cable
Telecommunications Association (the CCTA) to add a non-Canadian service
called Discovery Wings to the lists of eligible satellite services
for distribution on a digital basis (the digital lists). Public Notice
2001-33 described
Discovery Wings as follows: |
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A 24-hour programming service in the English language devoted
exclusively to aviation and space enthusiasts and provides
information on the past, present and future of air travel. It
explores everything from airplanes, helicopters and gliders to
rockets.
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3. |
Since the publication of Revised lists
of eligible satellite services, Public Notice CRTC 2001-82,
13 July 2001, the digital lists have included Discovery Wings among
the non-Canadian services that BDUs may distribute on a digital basis
only. |
4. |
According to an announcement on the website
for Discovery.com, Discovery Wings became The Military Channel on 10
January 2005. The Military Channel is described by Discovery
Communications, Inc. as a service that focuses on all aspects of the
armed forces, military strategies, and personnel throughout the ages,
including personal stories of servicemen and women and in-depth
explorations of military technology, aviation and history. On 10 January
2005, BDUs that formerly carried Discovery Wings began to carry The
Military Channel even though the Commission makes no reference to The
Military Channel on its lists of eligible satellite services. |
5. |
The Commission’s policy, as affirmed in
Revised Lists of Eligible Satellite Services, Public Notice
CRTC 1997-96, 22 July 1997, is to
consider the removal of a non-Canadian service from the lists if the
service undergoes a change in format so as to become competitive with
a Canadian pay or specialty service. The Commission addressed this
matter in Distribution of Spike TV by broadcasting distribution
undertakings, Broadcasting Public Notice CRTC 2005-9,
27 January 2005, stating: |
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Only non-Canadian services approved for distribution by the
Commission may be distributed by BDUs. Where a service undergoes
such fundamental changes as occurred in this case, so that it is no
longer the same service as was approved for distribution by the
Commission, the distribution of that service similarly requires the
approval of the Commission.
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6. |
On 20 May 2005, Commission staff sent a
letter to the CCTA, the original sponsor of Discovery Wings, to obtain
the CCTA’s views on whether the current authorization on the digital
lists to distribute Discovery Wings would extend to The Military
Channel. The CCTA was asked to comment on, among other things, whether
the transition from Discovery Wings to The Military Channel simply
involved a change of the service’s name or whether the service’s format
had also changed in such a way as to make it totally or partially
competitive with one or more authorized Canadian pay or specialty
services, including Category 1 and Category 2 services. |
7. |
On 31 May 2005, the CCTA provided its
response to the Commission staff’s letter, along with a letter from
Discovery Communications, Inc. The CCTA stated that Discovery Wings had
a strong military focus with additional non-military aviation and space
programming. Based on a comparison of the programming schedules, the
CCTA submitted that the same broad genre of programming continued to
dominate The Military Channel’s schedule. In fact, according to the CCTA,
most of the specific programs that were broadcast on Discovery Wings
continued to be central to the programming schedule of The Military
Channel. Discovery Communications, Inc. stated that late in 2004 it had
elected to broaden the military-themed programming presented on the
channel to include all aspects of warfare, whether in the air, on the
ground, and on and under the sea. |
8. |
The CCTA further submitted that the
Commission’s authorization to distribute Discovery Wings extends to The
Military Channel. The CCTA therefore requested that, consistent with the
Commission’s past approach, the digital lists be amended to reflect the
change in the name of the service from Discovery Wings to The Military
Channel. |
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Call for comments
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9. |
The Commission invites comments on the
CCTA’s request, and in particular on whether The Military Channel
represents only a name change or a change in the nature of service. |
10. |
The Commission further invites comments on
whether or not The Military Channel is competitive with one or more
Canadian pay and specialty services, including unlaunched Category 2
services, and if so, what measures might be adopted in respect of the
service. |
11. |
The Commission will accept comments that it
receives on or before 19 October 2005. The Commission will not
formally acknowledge comments. It will, however, fully consider all
comments and they will form part of the public record of the proceeding,
provided that the procedures for filing set out below have been
followed. |
12. |
The CCTA may file a written reply to any
comments received. Any such reply should be filed with the Commission,
and a copy sent to the party that submitted the comment, by no later
than 31 October 2005. |
13. |
The letters referred to above that were
exchanged between the Commission’s staff and the CCTA, as well as the
letter from Discovery Communications, Inc., will form part of the public
record. |
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Procedures for filing comments
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14. |
Interested parties can file
their comments to the Secretary General of the Commission: |
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- by using the
Broadcasting Intervention/Comments Form
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OR
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- by mail to
CRTC, Ottawa, Ontario K1A 0N2
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OR
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15. |
Submissions longer than five
pages should include a summary. |
16. |
Please number each paragraph of
your submission. In addition, please enter the line ***End of
document*** following the last paragraph. This will help the Commission
verify that the document has not been damaged during transmission. |
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Important notice |
17. |
All information submitted,
including email address, name and any other personal information, will
be placed on the public examination file and can be examined on the
Commission’s web site at www.crtc.gc.ca.
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18. |
Comments filed in electronic
form or on paper will be available in the Public Proceedings
section of the Commission’s web site in the official language and format
in which they are submitted. Paper versions will be converted to
electronic versions by the Commission for this purpose. All comments
will be placed on the public examination file. |
19. |
The Commission encourages
interested parties to monitor the public examination file and the
Commission’s web site for additional information that they may find
useful when preparing their comments. |
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Examination of public comments and related documents at the
following Commission offices during normal business hours
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218 |
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Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721 |
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205 Viger Avenue West
Suite 504
Montréal, Quebec H2Z 1G2
Tel: (514) 283-6607 |
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55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096 |
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Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317 |
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Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422 |
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10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224 |
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322 |
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Secretary General |
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This document 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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Footnote:
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