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Decision CRTC 2001-710
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Ottawa, 22 November 2001
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Access Communications Co-operative Limited
Estevan, Weyburn and Yorkton, Saskatchewan 2001-0340-9, 2001-0342-4,
2001-0341-6
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Applications processed by
Public Notice CRTC 2001-94
dated 17 August 2001
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The licensee is relieved from the requirement to carry out
requests to make simultaneous signal substitution of programming on
U.S. superstations carried on its cable system serving Yorkton.
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1. |
The Commission approves the application to amend the
broadcasting licence for the Class 2 cable distribution
undertaking serving Yorkton, by relieving the licensee, by condition
of licence from the requirement of section 30(3) of the Broadcasting
Distribution Regulations to implement simultaneous substitution
requests in relation to the programming on U.S. superstations. |
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Background |
2. |
Simultaneous substitution occurs when a broadcasting distribution
undertaking (BDU) inserts the signal of a local or regional Canadian
television station on the channel of a more distant station showing
programming that is largely or substantially the same, at the same
time. For substitution to take place, the local or regional
television station must make a request to the BDU in advance. |
3. |
The substitution obligations placed on Class 2 BDU licensees
are set out section 30(3) of the Broadcasting Distribution
Regulations (the regulations). In part, this section states that
Class 2 licensees must provide simultaneous substitution for
the programming offered by local, privately-owned television
stations if the main studio of those stations is: |
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· located within the licensed area of
the BDU licensee; and |
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· used to produce locally originated
programming. |
4. |
In Public Notice CRTC 2000-132, the Commission clarified that
Class 1 and Class 2 BDU licensees must carry out requests
for simultaneous substitution of U.S. superstations provided that
these stations are available over-the-air in their U.S. markets. At
the same time, the Commission indicated that it was prepared to
consider favourably applications by Class 2 BDU licensees to be
exempted from the requirement to carry out simultaneous substitution
requests relating to U.S. superstations where the licensee could
demonstrate that implementing such substitutions would result in
significant incremental costs outweighing the benefits to be gained
in the circumstances.
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The applications |
5. |
Access Communications Co-operative Limited requested relief from
the requirement of section 30(3) of the regulations with
respect to its Class 2 cable systems serving Estevan, Weyburn
and Yorkton, respectively. The Commission notes, however, that
Yorkton is the only system that would be subject to the requirement
to carry out requests for substitution. While there are two
privately-owned local television stations producing local
programming in Yorkton (CICC and CKOS), there are no local
television stations in Estevan and the one local station in Weyburn
rebroadcasts the programming of a Regina station. Accordingly,
Access’s Class 2 systems serving Estevan and Weyburn do not
require an exemption from section 30(3) of the regulations because
there are no eligible stations in these markets that could request
substitution. |
6. |
The U.S. superstations distributed on the Yorkton system are
offered on a digital basis. According to Access, its digital
customer base is minimal with only some 338 subscribers at the
present time. Access also indicated that it has not received any
requests for substitution from either CICC or CKOS and that the
difference in time zones between Yorkton and the U.S. superstations
make future requests unlikely. Neither of the local television
stations or any other party filed an intervention opposing the
application. |
7. |
Access is owned by a co-operative that operates on a
not-for-profit basis. It stated that its Yorkton system is not
profitable and claimed that it could not finance the substantial
costs (approximately $214,610) needed to equip its facilities to
carry out simultaneous substitution requests. |
8. |
Based on the foregoing, the Commission is satisfied that Access
has demonstrated that implementing simultaneous substitution on its
cable system serving Yorkton would result in significant incremental
costs that would outweigh the benefits to be gained in the
circumstances. The Commission has therefore approved Access’s
application with regard to its Yorkton system. |
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Intervention |
9. |
The Commission acknowledges the intervention submitted by the
Canadian Cable Television Association in support of this
application. |
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Related CRTC documents |
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- Public Notice 2001-94-1 – Withdrawal of application
2001-0358-1 by Access Communications Co-operative Limited
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- Public Notice 2000-132 – Simultaneous substitution of
programming on U.S. superstations
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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 at the
following Internet site: http://www.crtc.gc.ca
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