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Broadcasting Decision CRTC 2002-229
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Ottawa, 8 August 2002
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Trinity Television Inc.
Winnipeg, Manitoba
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Application 2001-0005-8
Public Hearing at Winnipeg, Manitoba
4 February 2002
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Proposed religious television station for Winnipeg
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The Commission approves an application by Trinity Television
Inc. for a religious television station to serve the Winnipeg area. In
addition to primarily Christian-oriented programming, the new station
will offer programming each week that will reflect a diversity of
religions and points of view.
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The application
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1. |
The Commission received an application by Trinity Television Inc.
(Trinity) for a new English-language religious television station. The
new station would be primarily Christian in orientation, serving Winnipeg
and surrounding areas.
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2. |
Trinity is a not-for-profit corporation registered as a charitable
institution with the Canada Customs and Revenue Agency. It is also the
licensee of CHNU-TV, a religious television station serving the Fraser
Valley in British Columbia, launched in September 2001 following its
approval in New religious television station for the Fraser Valley,
Decision CRTC 2000-218, 6 July 2000.
Trinity is also involved in the production of Christian-themed television
programming.
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Interventions
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3. |
The Commission received over 1300 interventions and letters supporting
Trinity’s application. These interventions were submitted by program
producers, religious organizations and citizens living in the Winnipeg
area who supported Trinity’s proposal to present religious and
family-oriented programming. Supporting interventions were received not
only from Christian organizations and churches, but also from the Islamic
Social Services Association, the Jewish National Fund of Canada, the
Jewish Federation of Winnipeg/Combined Jewish appeal, and a past
president of the Hindu Society of Manitoba.
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4. |
Interventions in opposition to the Trinity proposal were submitted by
Mr. Shane Strachan of Vancouver, and Martha Fraser and Manuel Erickson of
Langley, who expressed general concerns with the religious nature of
Trinity’s broadcasting in British Columbia.
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5. |
Interventions in opposition were also submitted by the licensees of
three Winnipeg television stations, namely CKND-TV, CKY-TV and CHMI-TV
(the Winnipeg private television licensees), which are owned respectively
by Global Television Network (Global), CTV Inc. (CTV), and Craig
Broadcast Systems Inc. (Craig). In reply, Trinity addressed the concerns
raised by the interveners. The matters raised by these interveners and
Trinity's reply are discussed in the following section of this decision.
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Commission analysis and determinations
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Issues
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6. |
The Commission considers that there are three main issues to be
examined in evaluating this application:
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· Whether the applicant’s proposal is consistent with the
Commission’s policy framework for religious television broadcasting
set out in Religious Broadcasting Policy, Public Notice CRTC 1993-78,
3 June 1993 (the Religious Broadcasting Policy).
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· Whether the proposed new religious television station in Winnipeg
would have an undue negative financial impact on the existing
television stations serving Winnipeg.
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· Whether the applicant’s proposed commitments related to
Canadian programming, closed captioning, described programming and
industry codes are adequate in light of the Commission's regulations
and policies.
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Compliance with the Religious Broadcasting Policy
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Religious programming
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7. |
Trinity proposed to operate the new station as a religious television
service, primarily Christian in orientation. Trinity indicated that all
programming on the proposed Winnipeg station would be religious
programming as defined in the Religious Broadcasting Policy and stated
that it would be prepared to accept a condition of licence to that
effect.
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8. |
The Religious Broadcasting Policy defines "religious" as
"anything directly relating to, inspired by, or arising from an
individual's relationship to divinity, including related moral or ethical
issues." The Religious Broadcasting Policy defines a religious
program as "one which deals with a religious theme, including
programs that examine or expound religious practices and beliefs or
present a religious ceremony, service or other similar event."
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9. |
The Commission considers that it is appropriate to require Trinity, by
condition of licence, to adhere to its commitment to ensure that
all programming will be religious programming as defined in the Religious
Broadcasting Policy.
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Balance programming
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10. |
The Broadcasting Act (the Act) specifies that the programming
offered by the Canadian broadcasting system should provide a reasonable
opportunity for the public to be exposed to the expression of differing
views on matters of public concern. The Commission generally takes the
view that balance will be achieved where, within a reasonable period of
time, a reasonably consistent viewer or listener is exposed to a spectrum
of views on issues of public concern. In the Religious Broadcasting
Policy, and in Introductory statement to decisions CRTC 96-773
and 96-774 – Denial of applications
for broadcasting licences to carry on new, religious television
programming undertakings at Toronto and Hamilton/Burlington, Ontario,
Public Notice CRTC 1996-152,
4 April 1996, the Commission set out guidelines for achieving balance in
religious programming.
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11. |
The applicant confirmed at the hearing that, if licensed, it would
accept conditions of licence requiring that it broadcast at least 18
hours of balance programming each week. Balance programming is
programming devoted to providing differing views on issues and events
presented during the station’s primary programming, and includes the
presentation of different religions. Trinity indicated that balance
programming would include at least 12 hours of original Canadian
programming, and at least 7.5 hours of the weekly balance programming
that would be broadcast during the period from 7:00 p.m. to 11:00 p.m.
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12. |
Trinity also made a commitment that 2.5 hours of the 18-hour weekly
requirement for balance programming noted above would consist of locally
produced, original faith-specific programming of a non-Christian nature.
As part of its application, the licensee stated that it has contracts
with seven multi-faith program providers, and that its brokered
programming will represent the Muslim, Hindu, Sikh, Buddhist and Jewish
faiths, as well as Aboriginal spirituality.
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13. |
At the hearing, Trinity proposed to broadcast a maximum of 26 movies
per year that would be calculated as part of its balance programming
requirement. While scheduling movies as balance programming is not a
traditional approach for religious broadcasters and does not provide a
local perspective on religious issues, the Commission notes that 26
movies would not represent a significant portion of the station’s total
annual balance programming. It therefore considers that Trinity's
proposal to broadcast of an annual maximum of 26 movies as part of its
balance programming is acceptable.
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14. |
In order to monitor the balance programming provided by the station,
the applicant undertook to establish a Programming Balance Committee. The
mandate of the committee would be to preview all programming on the new
station and to make recommendations to station management on programming
changes, schedule changes and remedial actions in cases of infractions
against Trinity’s or the Commission’s balance policies. The committee
would consist of five members of the local community drawn from five
different faith groups. All members of the committee would be independent
of the station, and appointed by the licensee’s Board of Directors. To
ensure continuity, the committee members’ terms would be staggered.
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15. |
The applicant also undertook to create a full-time position of
Director of Programming Balance. This person would work with the balance
committee, content producers and station management to ensure that
Trinity’s and the Commission’s balance policies are reflected in all
aspects of the station’s programming and operations.
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16. |
In addition to the safeguards provided by the balance committee, the
licensee indicated that it would encourage viewer feedback. To that end,
Trinity would maintain an Internet website, a 24-hour viewer response
line and a 24-hour TDD line, all available to log viewer comments and
complaints. These would then be addressed by an appropriate staff member
or by the balance committee.
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17. |
The Commission is satisfied that Trinity’s proposals for the
broadcast of balance programming are consistent with its Religious
Broadcasting Policy. It considers that it is appropriate to make
Trinity’s commitment to broadcast a minimum of 18 hours of balance
programming each broadcast week a condition of licence. At least
12 hours of this 18 hours of balance programming must be original
Canadian programming, and at least 2.5 hours of weekly balance
programming must be original locally-produced Canadian programming from a
faith-specific non-Christian perspective. The licensee must also, as a
condition of licence, ensure that at least 7.5 hours of original
Canadian balance programming is broadcast each broadcast week between
7:00 p.m. and 11 p.m. Further Trinity must by condition of licence
submit, within 60 days of the end of each broadcast year, a report
listing, for each week of the broadcast year, the title, broadcast date,
broadcast time and duration of its balance programs, along with a brief
description of each program that describes how it served to fulfil the
terms of Trinity's conditions of licence on balance programming. The
Commission considers that these reports will be helpful to all interested
parties in monitoring a religious broadcaster's compliance with its
commitments related to balance programming.
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18. |
The Commission also expects Trinity to establish the Programming
Balance Committee and Director of Programming Balance, as discussed
above.
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Impact on existing Winnipeg television stations
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Concerns of interveners
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19. |
The Winnipeg private television licensees were concerned that approval
of Trinity’s application would have an undue negative effect on the
financial situation of the existing Winnipeg over-the-air television
stations. They submitted that private television stations in Manitoba
were already experiencing declining revenues and profitability, and
considered that licensing a new Winnipeg television station in a time of
economic uncertainty would add unnecessary stress to the local television
market.
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20. |
The Winnipeg private television licensees submitted that Trinity was
projecting much higher revenues relative to market size for Winnipeg than
were projected for CHNU-TV, which serves the Fraser Valley region of
British Columbia. The interveners were concerned that this revenue would
come at the expense of existing Winnipeg television stations.
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21. |
The interventions by CTV and Craig also expressed a concern that
involved Trinity’s Fraser Valley station CHNU-TV. CTV and Craig noted
that Trinity’s original plans for CHNU-TV called for 100% religious
programming. However, the interveners submitted that, since its launch in
September 2001, CHNU-TV had introduced mass appeal-type programs that
fell outside of the Commission’s definition of religious programming.
Craig additionally expressed the view that, should a similar strategy be
employed with a newly licensed Winnipeg religious station, economic harm
to existing Winnipeg television licensees could result. However, in the
course of discussions at the hearing, Craig representatives allowed that
they were unable to put forward any particular suggestions or wording
that would address their concerns.
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Applicant’s reply
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22. |
Trinity responded that its new station would have "no
measurable" impact on existing stations. It anticipated that
donations and revenues from brokered programming would contribute over
50% of the station’s total revenues in each of the first seven years of
operation.
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23. |
Trinity noted that the vast majority of its overall advertising
revenues would be "new revenues," drawn from three main
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· Organizations that have not been traditionally well-suited to
television advertising and which have a specific religious target
market,
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· Advertisers that target rural audiences and specific communities
in Southern Manitoba that are presently without an effective
advertising venue; and
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· Advertisers interested in market saturation that will advertise
on the new station without reducing spending on other venues.
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24. |
With respect to concerns raised about programming on CHNU-TV, Trinity
explained how, in its view, the Fraser Valley station was fully in
compliance with the terms and conditions of its licence. Trinity
acknowledged that a block of "retro" programs such as
"Andy Griffith", "Beverly Hillbillies" and "Dick
Van Dyke Show" was being broadcast on CHNU-TV, but expressed the
view that such shows reflected "family values" and dealt with
moral and ethical issues. Additionally, Trinity explained that it
interspersed the programs with a Christian comedian who provided
scriptural context for the programming.
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25. |
Trinity also acknowledged that CHNU-TV was scheduling U.S. oriented
programs such as "60 Minutes", "Dateline" and
"Prime time." It noted, however, that during program breaks an
in-studio host highlights the spiritual and religious implications of the
issues being raised, and invites viewers to call in following the
programs to discuss the issues. Trinity indicated that it had had a
unique opportunity to acquire these programs for the Vancouver market,
but doubted that it would have a similar opportunity in the future.
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26. |
Trinity stated that it had no intention of competing with conventional
local Winnipeg television stations in the acquisition of programming. The
applicant indicated that it would be prepared to wait until all other
players in the market had put together their program schedules before
purchasing rights for any programs that fit its programming vision.
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The Commission’s assessment
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27. |
The Commission notes that Trinity projected that, during an average
week in its first year of operation, the proposed station would be
watched for a total of approximately 323,400 hours. Based on the total
viewing hours in the Winnipeg Extended Market, Trinity estimated that
this viewing would represent a share of the market of approximately 1.7%.
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28. |
In the Fall of 2001, the viewing shares of the three existing Canadian
conventional religious television stations were under 1% in their markets
of operation. Given the audience share projected by Trinity and the
viewing shares achieved by the existing religious conventional television
stations, the Commission does not consider that the new station will have
an undue negative impact on the viewing levels to the existing over-the
-air television services in the Winnipeg market.
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29. |
The Commission estimates that the four local television stations in
Winnipeg, including the station operated by the CBC, had total revenues
of approximately $45 million for the fiscal year that ended 31 August
2001. The Commission notes that Trinity’s projected national and local
advertising revenues for the first year of operation represent only 1.6%
of the total 2001Winnipeg over-the-air television advertising revenues,
and that the revenue projection increases represent only 2.7% of the 2001
total by the seventh year of operation. Based on these projections, the
Commission concludes that the financial impact of the Trinity television
station in Winnipeg would not be significant.
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30. |
As discussed with one of the interveners at the Public Hearing, the
Conference Board of Canada noted that troubles in the airline industry
have shaken Winnipeg’s economy, and that growth will be slow through
2002. Over the medium term, however, the Board predicts that a
generalized North American recovery will lead to a rebound in economic
activity in Winnipeg. The Commission notes that the predicted economic
rebound in Winnipeg can be expected to coincide with the introduction of
the new Trinity television station.
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31. |
As regards the interveners' concerns with respect to potential
competition by Trinity for acquisition of popular foreign programming,
the Commission is of the view that Trinity’s business plan for Winnipeg
clearly demonstrates that Trinity will not have the resources to compete
with existing television licensees in that regard. It further notes
Trinity's commitment that all programming broadcast on the Winnipeg
station would be religious programming as defined by the Religious
Broadcasting Policy.
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32. |
Taking into account all of the factors noted above, the Commission is
confident that the Trinity proposal for a new television station to serve
Winnipeg will not have an undue financial impact upon the existing
broadcasters in the market.
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Other commitments
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Canadian programs
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33. |
The applicant indicated that each week’s schedule would include more
than 80 hours of Canadian religious programming, including 24 hours of
original local content. The formats of proposed programs include news and
public affairs, talk shows, call-in programs, entertainment, variety,
drama and 19.5 hours of weekly programming devoted to children and youth.
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34. |
Trinity proposed to devote a minimum of 60% of the broadcast year to
Canadian programs, and to devote at least 50% of the time between 6:00
p.m. and midnight to Canadian programming.
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35. |
Trinity also made a commitment to spend a minimum of $4.1 million over
the licence term on the production and distribution of priority Canadian
programming. The applicant also committed to spend an additional $105,000
over the licence term to support the Manitoba independent production
industry, specifically in the area of script and concept development for
new Canadian religious programming in all genres.
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36. |
The Commission finds that the levels of Canadian programming proposed
by Trinity are consistent with the requirements for the broadcast of
Canadian programs mandated by the Television Broadcasting Regulations,
1987.
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37. |
The Commission expects Trinity to adhere to its commitments to:
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· broadcast 19.5 hours of weekly programming devoted to children
and youth and maintain this level of children’s and youth programming
for the entire term of licence,
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· spend a minimum of $4.1 million on the production and
distribution of priority Canadian programming over the licence term and
to devote an additional $105,000 to support for the Manitoba
independent production industry, specifically in the area of script and
concept development for new Canadian religious programming.
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Closed captioning
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38. |
The applicant indicated that it would caption all of its news
programming by the end of the first year of operation, and 90% of all
programming beginning in the sixth year of operation.
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39. |
The Commission finds that these commitments are in line with its
policy on closed captioning set out in Introduction to decisions
renewing the licences of privately-owned English-language television
stations, Public Notice CRTC 1995-48,
24 March 1995. The Commission considers that it would be appropriate to
make Trinity’s closed captioning commitments a condition of licence.
The Commission notes that the sixth year of operation will fall
within the second licence term for Trinity.
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Described programming
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40. |
Video description, or described video, is one method of improving the
service that television broadcasters provide to people who are visually
impaired. It consists of narrative descriptions of a program’s key
visual elements so that people who are visually impaired are able to form
a mental picture of what is occurring on the screen. These descriptions
can be provided on the Secondary Audio Programming (SAP) channel.
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41. |
Given its limited resources, Trinity indicated in its application that
while it would continue to work towards developing programs with
described video, it was not able to quantify a commitment to such
programming.
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42. |
The Commission considers that Trinity’s proposal is appropriate for
a small religious station and encourages the applicant to acquire and
broadcast described versions of programs, wherever possible.
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Industry codes
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43. |
Trinity indicated that it would adhere to the Canadian Association of
Broadcasters’ (CAB) codes relating to gender portrayal, advertising to
children and violence in television programming. The Commission considers
that it would be appropriate to make these commitments conditions of
licence.
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The Commission’s conclusion
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44. |
The Commission considers that the licensing of the station proposed by
Trinity would further the objectives of the Broadcasting Act. The
Commission therefore approves the application by Trinity for a
broadcasting licence for an English-language religious television
programming undertaking to serve Winnipeg, Manitoba. The undertaking will
operate on channel 35B with an effective radiated power of 20,000 watts.
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Issuance of the licence
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45. |
The Commission will issue a licence to Trinity, expiring 31 August
2006. This expiry date is the same as the expiry date for CHNU-TV,
Trinity’s television station that serves the Fraser Valley and will
permit the Commission to consider the licence renewal applications for
the two stations at the same time. When issued, the licence will be
subject to the conditions set out in the appendix to this decision
and in the licence to be issued.
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46. |
The licence for this undertaking will only be issued once the licensee
has informed the Commission in writing that it is prepared to commence
operations. This undertaking must be operational at the earliest possible
date and in any event no later than 24 months of the date of this
decision unless a request for an extension of time is approved by the
Commission before 8 August 2004. In order to ensure that such a request
is processed in a timely manner, it should be submitted at least 60 days
before this date.
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Other matters
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Cable carriage of the new station
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47. |
Under the provisions of the Broadcasting Distribution Regulations
(the BDU Regulations), any local over-the-air television service is
entitled to carriage on the basic service starting with the basic band
(channels 2-13) of all local Class 1 and Class 2 cable distribution
undertakings. In the interests of avoiding channel realignment and
reducing disruption to cable subscribers, some television services waive
the right to basic carriage, in exchange for a reasonable channel
placement.
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48. |
At the hearing, Trinity referred to discussions it had had with
Winnipeg cable distribution undertakings, and agreed that, if licensed,
it would accept cable carriage between channels 2 to 13 on an impaired
channel, and that it would waive its right to be carried on the basic
band, provided its service was carried anywhere under channel 20.
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49. |
The Commission reminds the licensees of all cable distribution
undertakings in Winnipeg that, under section 17 of the BDU Regulations,
each such undertaking must carry the new Trinity service on the basic
band, unless the distribution undertaking applies for and receives
Commission approval by way of a condition of licence, relieving it of
this obligation.
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Employment equity
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50. |
In accordance with Implementation of an employment equity policy,
Public Notice CRTC 1992-59,
1 September 1992, the Commission encourages the licensee to consider
employment equity issues in its hiring practices and in all other aspects
of its management of human resources.
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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 |