| |
Broadcasting
Decision CRTC 2006-521
|
| |
Ottawa, 14
September 2006 |
| |
Mountain Cablevision
Limited
Hamilton, Ontario |
| |
Application 2006-0838-3
Broadcasting Public Notice CRTC 2006-87
19 July 2006 |
| |
Licence amendment to
replace condition of licence relating to the use of local availabilities
in non-Canadian satellite services
|
| |
In this decision, the Commission
approves an application by Mountain Cablevision Limited to amend the
broadcasting licence for the cable broadcasting distribution undertaking
serving Hamilton, in order to replace the existing condition of licence
relating to the use of local availabilities. |
| |
The application
|
|
1.
|
The Commission received an application by
Mountain Cablevision Limited (Mountain Cablevision) to amend the
broadcasting licence for its Class 1 cable broadcasting distribution
undertaking (BDU) serving Hamilton. Specifically, the licensee requested
that the Commission replace the condition of licence relating to the use
of local availabilities, which currently reads: |
| |
Consistent with Decision CRTC 95-922
dated 21 December 1995, 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. 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 and
additional cable outlets.
|
| |
with the following condition of licence: |
| |
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.
[emphasis added]
|
| |
Interventions
|
|
2.
|
The Commission did not receive any
interventions in connection with this application. |
| |
Commission’s analysis
and determinations
|
|
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 Mountain
Cablevision application falls within the scope of its updated policy
regarding the use of local availabilities as set out in Public Notice
2006-69. Accordingly,
and consistent with that policy, the Commission approves the
application by Mountain Cablevision Limited and amends the broadcasting
licence for its Class 1 cable BDU serving Hamilton by replacing
the condition of licence relating to the use of local availabilities
with the following condition of licence: |
| |
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.
|
| |
Secretary General |
| |
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
|
