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Broadcasting
Decision CRTC 2006-429
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Ottawa, 31
August 2006 |
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CF Cable TV Inc.
Waterloo, Quebec and surrounding areas |
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Application 2005-1325-1
Broadcasting Public Notice CRTC 2006-64
23 May 2006 |
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Cable distribution
undertaking in Waterloo and surrounding areas – Licence renewal
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The Commission approves the
application by CF Cable TV Inc. (CF Cable) to renew the broadcasting
licence of the Class 2 cable broadcasting distribution undertaking
serving Waterloo, Quebec and surrounding areas from 1 September 2006 to
31 August 2013. |
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The application
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1.
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The Commission received an application by
CF Cable TV Inc. (CF Cable) to renew the broadcasting licence of the
Class 2 cable broadcasting distribution undertaking serving Waterloo,
Quebec and surrounding areas from 1 September 2006 to 31 August 2013. |
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Intervention
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2.
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The Commission received one intervention
from the Fédération des télévisions communautaires autonomes du Québec (FTCAQ)
in support of the licence renewal. The FTCAQ, however, raised some
concerns about the community channel. |
3.
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The FTCAQ noted that some independent
community television undertakings (CTUs), including the Waterloo CTU,
have no way of ensuring that the percentage of gross revenues from
subscriptions reinvested by the licensee in their region closely
reflects reality. The intervener added that the licensee should
demonstrate greater financial transparency in its dealings with the CTUs,
and provide them with clear information on how it allocates its
contribution to local expression in various budget items. |
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Licensee’s
reply
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4.
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In its reply to the intervention, CF Cable
stated that it was of the view that the mechanisms set out by the
Commission are sufficient to ensure compliance with the regulatory
framework in terms of expenditures and contributions to the community
channel. The licensee also submitted that its contributions are very
transparent, and noted that additional amounts were generated both by
the increase in television distribution revenues and by even tighter
management of expenditures on programming produced by the licensee
itself. |
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Commission’s analysis
and determinations
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5.
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The Commission has carefully considered the
licence renewal application, the intervention filed by the FTCAQ in this
proceeding and the licensee’s replies to the intervener’s concerns. The
Commission emphasizes that it has noted the comments and concerns
expressed by the FTCAQ regarding the community channel and is satisfied
with the licensee’s response to those concerns. |
6.
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Accordingly, the Commission renews the broadcasting licence
of the Class 2 cable broadcasting distribution undertaking serving
Waterloo, Quebec and surrounding areas from 1 September 2006 to 31
August 2013.
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7.
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The operation of this undertaking is
regulated pursuant to the Broadcasting Distribution Regulations.
The licence will be subject to the conditions specified therein
as well as to the conditions set out in the appendix to this
decision. |
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Employment equity
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8.
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Because this licensee is subject to the
Employment Equity Act and files reports concerning employment equity
with Human Resources and Skills Development Canada, 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 2006-429
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Conditions of licence
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1. The licensee is authorized to distribute, at its option, the
programming service of the distant Canadian station CFTU-TV (Canal
Savoir) Montréal, as part of the basic service.
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2. The licensee is relieved from the requirement set out in
section 25 of the Broadcasting Distribution Regulations that
it not distribute the programming service of CFTU-TV (Canal Savoir)
Montréal on a restricted channel, so long as the quality of the
signal does not deteriorate. If the Commission finds that the
quality of the signal has deteriorated to the extent that reception
problems are evident, the licensee must immediately take the
necessary corrective measures to provide an adequate signal.
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3. The licensee is authorized to distribute, on a digital
discretionary basis, the programming service of the distant Canadian
station CKXT-TV (SunTV) Toronto.
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4. The licensee is authorized to distribute the signals of the
transitional digital television undertakings CFTO-DT Toronto and
CIII-DT-41 Toronto, as part of its HD digital service, until
Montréal digital television undertakings that provide CTV and Global
programming in HD begin broadcasting. Specifically, the
authorization to distribute CFTO-DT Toronto will lapse once a
Montréal digital television undertaking that provides CTV
programming in HD begins broadcasting, and the authorization to
distribute CIII-DT-41 Toronto will lapse once a Montréal digital
television undertaking that provides Global programming in HD begins
broadcasting.
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The Commission reminds the licensee that the simultaneous substitution
requirements set out in section 30 of the Broadcasting Distribution
Regulations (the Regulations) and in paragraph 99 of The
Regulatory framework for the distribution of digital television
signals, Broadcasting Public Notice CRTC 2003-61,
11 November 2003, apply to transitional digital television
undertakings.
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5. The licensee is authorized to distribute, on a discretionary
basis, any of the Canadian television signals set out in the List
of Part 3 eligible satellite services contained in Revised
lists of eligible satellite services, as amended from time to
time.
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6. The licensee is authorized to distribute, at its option, WVNY
(ABC), WCAX-TV (CBS) Burlington, Vermont, WPTZ (NBC) and WCFE-TV (PBS)
Plattsburgh, New York, as part of the basic service.
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7. The licensee is authorized to distribute, at its option, WFFF-TV
(FOX) Burlington, Vermont, on a discretionary tier.
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8. The licensee is authorized to distribute the following signals
on a digital discretionary basis:
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- any of the distant Canadian television signals set
out in the List of Part 3 eligible satellite services; and
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- a second set of signals that provides the programming
of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and the
non-commercial PBS network (hereafter referred to as the U.S. 4+1
signals).
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The distribution on a discretionary basis on the licensee’s
digital service of a second set of U.S. 4+1 signals and distant
Canadian signals is subject to the provision that, with respect to
such signals, the licensee adhere to the requirements regarding
non-simultaneous program deletion set out in section 43 of the
Broadcasting Distribution Regulations. The Commission may suspend
the application of this provision, with respect to the signals to be
distributed, upon its approval of an executed agreement between the
licensee and broadcasters. Such an agreement must deal with issues
related to the protection of program rights arising in connection
with the discretionary carriage of a second set of U.S. 4+1 signals
and distant Canadian signals solely on the licensee’s digital
service.
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The Commission reminds the licensee that the requirements set out
in section 30 of the Broadcasting Distribution Regulations regarding
simultaneous substitution apply also in the case of U.S. 4+1 signals
and distant Canadian signals.
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9. The licensee is authorized to distribute the following signals
on a digital discretionary basis:
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- any of the distant Canadian television signals set
out in the List of Part 3 eligible satellite services; and
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- a third set of signals that provides the programming
of the four U.S. commercial networks (CBS, NBC, ABC, FOX)
(hereafter referred to as the U.S. commercial network signals).
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The distribution on a discretionary basis on the licensee’s
digital service of a third set of U.S. commercial network signals
and distant Canadian signals is subject to the provision that, with
respect to such signals, the licensee adhere to the requirements
regarding non-simultaneous program deletion set out in section 43 of
the Broadcasting Distribution Regulations. The Commission may
suspend the application of this provision, with respect to the
signals to be distributed, upon its approval of an executed
agreement between the licensee and broadcasters. Such an agreement
must deal with issues related to the protection of program rights
arising in connection with the discretionary carriage of a third set
of U.S. commercial network signals and distant Canadian signals
solely on the licensee’s digital service.
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The Commission reminds the licensee that the requirements set out
in section 30 of the Broadcasting Distribution Regulations
regarding simultaneous substitution apply also in the case of U.S.
commercial network signals and distant Canadian signals.
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10. The licensee shall not distribute to any subscriber more than
two sets of U.S. commercial network signals.
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11. 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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Date Modified: 2006-08-31 |