|
Broadcasting
Decision CRTC 2006-440
|
|
Ottawa, 31
August 2006 |
|
Videotron Ltd.
Victoriaville, Quebec and surrounding areas |
|
Application 2005-1326-9
Broadcasting Public Notice CRTC 2006-64
23 May 2006 |
|
Cable distribution
undertaking in Victoriaville and surrounding areas – Licence renewal
|
|
The Commission approves the
application by Videotron Ltd. (Videotron) to renew the broadcasting
licence of the Class 1 cable broadcasting distribution undertaking
serving Victoriaville, Quebec and surrounding areas from 1 September
2006 to 31 August 2013. |
|
The Commission also approves
Vidéotron’s application for authorization to redefine the undertaking’s
licensed service area. |
|
The application
|
1.
|
The Commission received an application by
Videotron Ltd. (Videotron) to renew the broadcasting licence of the
Class 1 cable broadcasting distribution undertaking serving
Victoriaville, Quebec and surrounding areas from 1 September 2006 to 31
August 2013. |
2.
|
Videotron also requested authorization to
redefine the undertaking’s licensed service area. |
|
Interventions
|
3.
|
The Commission received interventions in
support of the licence renewal from the Fédération des télévisions
communautaires autonomes du Québec (FTCAQ) and Télévision communautaire
des Bois-Francs inc. (TVCBF), an independent programming and production
entity. These interveners, however, raised some concerns about the
community channel. |
4.
|
In its intervention, the FTCAQ expressed
concerns about compliance with the regulatory framework, specifically,
local programming produced by the not-for-profit community television
undertakings (CTUs), financial transparency in the distribution of funds
allocated to the CTUs, the joint efforts by the incumbent and the CTUs
on community channel promotion and access campaigns, and finally the
funding model based on program formats. |
5.
|
TVCBF expressed concerns about the program
funding model, noting that several months may pass before receiving
payment from Videotron. TVCBF therefore asked the Commission to allow a
community representative access to Videotron’s financial statements to
ensure that the funds allocated to the CTUs are distributed in
compliance with regulatory requirements. TVCBF also asked the Commission
to direct Videotron to negotiate agreements with the CTUs on a
three-year basis. |
6.
|
TVCBF also expressed concerns about funding
allocated to the CTUs based on program format. It is concerned that
Videotron’s proposed directions, and in particular, its desire to
harmonize its practices across the territories it serves, could kill the
innovative capacity of local communities. The intervener added that
Videotron should consider speaking with the CTUs about designing a
programming development strategy to support local programming efforts,
thus ensuring that the community channel reflects the community it
serves, not Videotron, the cable distribution undertaking. |
|
Licensee’s
reply
|
7.
|
In its reply to the FTCAQ, Videotron stated
that it was of the view that the mechanisms set out by the Commission
are sufficient to ensure compliance with the regulatory framework. The
applicant added that it committed additional funds, which were paid
directly to the CTUs, either to support their recovery or improve local
broadcasting facilities. Videotron also reported 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. |
8.
|
With respect to support for production, the
licensee explained that it does not want a return to the past, when
funding was based on the principle of automatic annual grants, and added
that it would review its production contributions procedure so as to
accelerate and streamline the payment process. Concerning community
channel promotion and access, Videotron is prepared to ensure that its
promotional efforts are aligned with the CTUs’ efforts wherever
possible. |
9.
|
In response to TVCBF’s concerns about the
funding mode and payments to CTUs, Videotron stated that it would ensure
that the promised amounts are paid immediately, adding that TVCBF can
continue to count on its co-operation in the future. With respect to
negotiating agreements with a minimum three-year term, Videotron
submitted that it is not necessary to ask the Commission to intervene in
this area, and stated that it may be in a position to discuss the
possibility of committing to making certain types of contributions over
a longer term in the near future, but that it would first have to
consider a number of variables. Videotron also stated that it would
prefer to discuss these possibilities as part of its regular dealings
with the CTUs. |
10.
|
With respect to Videotron’s proposed
funding model and directions, the licensee noted that the goal of
developing common standards, both for programming format and content, is
not to kill the innovative capacity of local communities but rather to
provide the numerous collaborators in the province with guidelines and
benchmarks to ensure that such development is effective. The licensee
also explained that it considers maintaining certain benchmarks that
comply with the regulatory framework for community television to be a
legitimate and responsible initiative. |
|
Commission’s analysis
and determinations
|
11.
|
The Commission has carefully considered the
licence renewal application, the interventions filed by the FTCAQ and
TVCBF and the licensee’s replies to the interveners’ concerns. The
Commission emphasizes that it has noted the comments and concerns
expressed by the FTCAQ and TVCBF regarding the community channel, and is
satisfied with the licensee’s response to those concerns. |
12.
|
Accordingly, the Commission renews the broadcasting licence
of the Class 1 cable broadcasting distribution undertaking serving
Victoriaville, Quebec and surrounding areas from 1 September 2006 to
31 August 2013.
|
13.
|
The Commission further expects the licensee
to honour the principles and commitments it undertook in response to the
interveners’ concerns. The Commission also encourages the licensee to
work with the independent CTUs in responding to the needs of the
communities served. |
14.
|
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. |
15.
|
The Commission also approves the
application by CF Cable for authorization to redefine the undertaking’s
licensed service area. |
|
Employment equity
|
16.
|
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. |
|
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
|
|
Appendix to Broadcasting Decision CRTC 2006-440
|
|
Conditions of licence
|
|
1. The licensee is authorized to distribute, on a digital
discretionary basis, the programming services of the distant Canadian
station CKXT-TV (SunTV) Toronto.
|
|
2. The licensee is authorized to distribute, at its option, the
special programming service known as "Événement", which, by
definition, must contain no advertising messages.
|
|
3. The licensee is relieved of the requirement of section 7 of the
Broadcasting Distribution Regulations that, except as provided
by a condition of licence, it not alter or delete the programming
services CMT and Viewers Choice 2, in the course of their
distribution. This condition of licence will permit the licensee to
alter or curtail these services for the purpose of sharing a channel,
in accordance with the licensee’s agreements with the operators of
these programming services. The other provisions of section 7 of the
Broadcasting Distribution Regulations shall continue to apply.
|
|
4. The licensee is relieved of the requirement of section 17(1)(c)
of the Broadcasting Distribution Regulations to distribute the
priority local service CKMT-TV (SRC) Trois-Rivières, so long as it
continues to distribute CKSH-TV (SRC) Sherbrooke, also a priority
local service.
|
|
5. The licensee is relieved of the requirement under section
17(1)(e) of the Broadcasting Distribution Regulations to
distribute the regional signal CHEM-TV (TVA) Trois-Rivières on the
basic service. The licensee distributes the regional signal CHLT-TV
(TVA) Sherbrooke instead.
|
|
6. The licensee is relieved of the requirement under section
17(1)(f) of the Broadcasting Distribution Regulations to
distribute, on the basic service, the programming service of an
English-language television station owned and operated by the CBC and
distributed via satellite or microwave relay. Instead, the licensee
distributes the regional signal CBMT Montréal, a distant Canadian
signal received over-the-air.
|
|
7. The licensee is authorized to originate a video games service
as a special programming service, offered on a discretionary basis,
subject to the conditions listed in Licence amendments concerning
the distribution of a video games service, Decision CRTC 95-591,
24 August 1995.
|
|
8. The licensee is authorized to distribute, on a digital
discretionary basis, the programming service of the distant Canadian
station CITY-TV Toronto.
|
|
9. 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.
|
|
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.
|
|
10. The licensee is authorized to distribute, at its option, WVNY (ABC),
WCAX-TV (CBS), WPTZ (NBC) Burlington, Vermont, and WCFE-TV (PBS)
Plattsburgh, New York, as part of the basic service.
|
|
11. The licensee is authorized to distribute, at its option, WFFF-TV
(FOX) Burlington, Vermont, on a discretionary tier.
|
|
12. The licensee is authorized to distribute the following signals
on a digital discretionary basis:
|
|
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).
|
|
The distribution on a discretionary basis on the licensee’s digital
service of a second set of U.S. 4+1 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 solely on the licensee’s digital service.
|
|
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.
|
|
13. 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.
|
Date Modified: 2006-08-31 |