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Broadcasting Decision CRTC 2006-78
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Ottawa, 15 March 2006 |
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TVA Group Inc.
Montréal, Quebec |
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Application 2005-0362-4
Public Hearing in the National Capital Region
19 December 2005 |
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CFTM-TV Montréal – Transitional digital television
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The Commission approves an
application for a broadcasting licence to operate a transitional digital
television undertaking in association with CFTM-TV Montréal. |
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The application
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1. |
The Commission received an application by
TVA Group Inc. (TVA Group) for a broadcasting licence to operate a
transitional digital television undertaking in association with CFTM-TV
Montréal. The applicant proposed that the station simulcast the current
analog programming service of CFTM-TV with the exception of up to 14
hours per week of programming that would not be duplicated on the analog
service. The digital undertaking would operate from a tower on the roof
of CFTM-TV’s studio on channel 59VU with an average effective radiated
power (ERP) of 6,140 watts. |
2. |
The Commission did not receive any
interventions in connection with this application. |
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Commission’s analysis and determination
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3. |
The Commission set out its policy framework
for the transition from analog to digital television in A licensing
policy to oversee the transition from analog to digital, over-the-air
television broadcasting, Broadcasting Public Notice CRTC 2002-31,
12 June 2002 (Public Notice 2002-31).
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4. |
Based on its examination of this application,
the Commission is satisfied that the application is in conformity
with all applicable terms and conditions announced in Public Notice
2002-31 and in The
regulatory framework for the distribution of digital television
signals, Broadcasting Public Notice CRTC 2003-61,
11 November 2003. Accordingly, the Commission approves
the application by TVA Group Inc. for a broadcasting licence to operate
a transitional digital television undertaking in association with
CFTM-TV Montréal. |
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Conditions of licence of the analog television service
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5. |
In Public Notice 2002-31,
the Commission stated that: |
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[its] existing policies and regulations, as well as the
conditions of licence currently applicable to a broadcaster in
respect of its analog television service will also apply to any
transitional digital programming service the broadcaster may be
licensed to provide.
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6. |
The Commission renewed the licence for CFTM-TV
in Licence renewals for the French-language national television
network TVA and for the French-language television programming undertaking
CFTM-TV Montréal, Decision CRTC 2001-385,
5 July 2001. The new licence for the transitional digital television
undertaking will be subject to the conditions applicable
to CFTM-TV, as of the date of the present decision. |
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The 14-hour program allowance
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7. |
TVA Group made a commitment to simulcast
the current programming service of CFTM-TV with the exception of up to
14 hours per week of supplementary programming that would not be
duplicated on the analog service. The applicant further committed to
ensure that all unduplicated, supplementary programming broadcast on the
undertaking is broadcast in a widescreen high definition (HD) format,
and that a minimum of 50% of such programming is Canadian. Consistent
with the applicant’s commitments, the Commission has imposed
conditions of licence, set out in the appendix to this decision.
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Simulcast of high definition and widescreen programming
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8. |
As part of this proceeding, the Commission
asked the applicant to comment on the possible imposition of conditions
of licence reflecting, among other things, the two key principles
set out in Public Notice 2002-31
relating to the simulcast of HD and widescreen programming. Specifically,
the Commission asked whether TVA Group would adhere to conditions
of licence requiring that: |
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- all simulcast programming on the undertaking produced in the
widescreen format (16:9 aspect ratio) be broadcast in that format;
and,
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- all simulcast programming on the undertaking aired during the
evening broadcast period produced in HD be broadcast in HD.
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9. |
In response, TVA Group agreed to accept
these conditions of licence. The Commission has imposed these
conditions of licence on the new transitional digital television
undertaking. |
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Data transmission
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10. |
In Public Notice 2002-31,
the Commission expressed the view that HD television (HDTV) should
be used to promote the development of new Canadian programming of
high quality, and to make this available to viewers in a picture format
that is superior to the current analog National Television Standards
Committee (NTSC) format. To that end, the Commission emphasized that
broadcasters should ensure that the HD programming they purchase or
produce is transmitted to viewers without loss of signal quality.
Consistent with that aim, the Commission requires, by condition
of licence, that the licensee ensure that the transmission of
data does not affect the quality or quantity of HD programming. |
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Technical considerations
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11. |
The undertaking will operate on
channel 59VU with an average ERP of 6,140 watts. The Commission notes
that TVA Group Inc. will provide digital television coverage to only
part of the greater Montréal area, within the constraints of the
Department of Industry’s (the Department’s) DTV Transition Allotment
Plan. The applicant indicated that the choice of these parameters is
temporary and motivated, on the one hand, by the proportion of the
audience served by cable by Videotron Ltd. and, on the other hand, by
the technical difficulties and enormous cost of the installation on
Mount Royal. |
12. |
The applicant indicated that after the
transition period it fully intends to transfer its digital television
service to the channel and location currently used by the NTSC service
and to achieve equivalency in the areas served. |
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Issuance of the licence
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13. |
The Commission will issue a transitional
digital television licence to TVA Group Inc., subject to the
conditions set out in the appendix to this decision. The licence
will expire 31 August 2008, coincident with the expiry of the licence
for CFTM-TV. |
14. |
The Commission reminds the licensee that,
pursuant to section 22(1) of the Broadcasting Act, no licence may
be issued until the Department notifies the Commission that its
technical requirements have been met, and that a broadcasting
certificate will be issued. |
15. |
Furthermore, the licence for this
undertaking will be issued only once the licensee has informed the
Commission in writing that it is prepared to commence operations. The
undertaking must be operational at the earliest possible date and in any
event no later than 24 months from the date of this decision, unless a
request for an extension of time is approved by the Commission before 15
March 2008. In order to ensure that such a request is processed in a
timely manner, it should be submitted at least 60 days before that date. |
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Employment equity
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16. |
Because this licensee is subject to the
Employment Equity Act and files reports concerning employment equity
with the Department of Human Resources and Skills Development, its
employment equity practices are not examined by the Commission. |
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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 |
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Appendix to Broadcasting Decision CRTC 2006-78
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Conditions of licence
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1. The licence will be subject to the terms and conditions
applicable to the analog television station CFTM-TV Montréal, as of
the date of this decision.
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2. The licensee shall ensure that all programming broadcast on the
undertaking is a simulcast of the programming broadcast on CFTM-TV,
with the exception of up to 14 hours per week of unduplicated,
supplementary programming.
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3. The licensee shall ensure that at least 50% of the unduplicated,
supplementary programming broadcast by the undertaking is Canadian.
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4. The licensee shall ensure that all unduplicated, supplementary
programming broadcast by the undertaking is broadcast in a widescreen
(16:9 aspect ratio), high definition format.
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5. The licensee shall ensure that all programs that are simulcast
by the undertaking, and that are available to the licensee in a
widescreen (16:9 aspect ratio) format, are in fact broadcast in that
format.
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6. The licensee shall ensure that all programs that are simulcast
by the undertaking during the evening broadcast period, and that are
available to the licensee in high definition, are in fact broadcast in
high definition.
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7. The licensee shall ensure that the transmission of data does not
affect the quality or quantity of high definition programming.
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