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Broadcasting Public Notice CRTC 2003-65
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Ottawa, 5 December 2003 |
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Call for comments – Proposed amendment to the Broadcasting
Distribution Regulations
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Removal of the requirement for Class 2 cable broadcasting
distribution undertakings to provide basic service to unserved
households
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1. |
Section 48 in Part 5 of the Broadcasting
Distribution Regulations (the Regulations), currently includes a
requirement that Class 1 and 2 cable broadcasting distribution
undertakings (BDUs) provide basic service to unserved households that
meet certain criteria and that they install any facilities necessary to
provide this service. This is the only section in Part 5 that applies to
Class 2 licensees. Section 48 currently reads: |
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48. Except as otherwise provided under a condition of its
licence, each Class 1 and Class 2 licensee shall
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(a) install the distribution system necessary for the provision
of its basic service at a household or premises within a
reasonable time after a request for the service is received from a
member of the household or an owner or operator of the premises,
if the household or premises are
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(i) situated in a residential area within the licensed area,
and
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(ii) provided with water or sewer services by a municipal or
other public authority;
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(b) at the request of a member of a household or an
owner or operator of premises referred to in paragraph (a),
install the subscriber drop and provide the basic service to that
household or those premises, unless the member, owner or operator
has not complied with the licensee's request for payment of
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(i) an amount not greater than the amount of the
non-recurring costs to be reasonably incurred by the licensee
for the installation or reconnection of the subscriber drop,
determined in accordance with Circular No. 354 to All Class 1
& 2 Cable Licensees, published by the Commission on
November 29, 1988,
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(ii) the licensee's fee for the provision of the basic
service for one month to that household or those premises, or
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(iii) an overdue debt for the provision of basic service that
the member, owner or operator owes to the licensee; and
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(c) provide the basic service to a subscriber as long as the
subscriber pays in advance the fee for each month of the basic
service.
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2. |
Section 47 in Part 5 of the Regulations
sets out a method by which a Class 1 licensee can apply to be relieved
of all of the requirements of Part 5 of the Regulations, including the
section 48 requirement that it provide service and install facilities as
described above, and to be relieved, as well, of other requirements
related to the rates charged by Class 1 cable BDUs. Class 2 BDUs, which
generally serve fewer subscribers than Class 1 BDUs, are unable to apply
to be relieved of the requirements of Part 5 of the Regulations. |
3. |
In Exemption of cable broadcasting
distribution undertakings that serve between 2,000 and 6,000 subscribers,
Broadcasting Public Notice CRTC 2003-23, 30 April 2003 (Public Notice
2003-23), the Commission announced its intention to amend section 48 of
Part 5 of the Regulations to remove the requirement for Class 2 BDUs to
provide basic service and to install the necessary facilities. |
4. |
A copy of the proposed Regulations
Amending the Broadcasting Distribution Regulations is appended to
this public notice. |
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Call for comments on the proposed
amendment |
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The Commission invites comments that
address the issues and questions set out in this notice. The Commission
will accept comments that it receives on or before 5 January 2004. |
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The Commission will not formally
acknowledge comments. It will, however, fully consider all comments and
they will form part of the public record of the proceeding, provided
that the procedures for filing set out below have been followed. |
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Procedures for filing comments |
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Interested parties can file their comments
to the Secretary General of the Commission by using ONE of the following
formats: |
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OR |
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OR |
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OR |
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Submissions longer than five pages should
include a summary. |
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Please number each paragraph of your
submission. In addition, please enter the line ***End of document***
following the last paragraph. This will help the Commission verify that
the document has not been damaged during transmission. |
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The Commission will make comments filed in
electronic form available on its web site at
www.crtc.gc.ca but only in the official language and format in
which they are submitted. Such comments may be accessed in the Public
Proceedings section of the CRTC web site. Copies of all comments,
whether filed on paper or in electronic form, will also be placed on the
public examination file. |
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The Commission encourages interested
parties to monitor the public examination file and the Commission’s web
site for additional information that they may find useful when preparing
their comments. |
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Examination of public comments and
related documents at the following Commission offices during normal
business hours |
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218 |
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Metropolitan Place,
99 Wyse Road, Suite 1410,
Dartmouth, Nova Scotia, B3A 4S5.
Tel: (902 426-7997 – TDD: 426-6997
Fax: (902) 426-2721 |
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405 de Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607
Fax: (514) 283-3689 |
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55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343 |
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Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317 |
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Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319 |
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10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214 |
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322 |
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Secretary General |
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This document is available in alternate
format upon request and may also be examined at the following Internet
site: http://www.crtc.gc.ca |