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Broadcasting Public Notice CRTC 2003-67
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Ottawa, 18 December 2003 |
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Call for comments on proposals for the
addition of non-Canadian satellite services to the list of services eligible
for digital distribution |
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The Commission has received 2 requests to add
the following non-Canadian services to the list of satellite services
eligible for digital distribution. |
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Request from Shaw Communications Inc. (Shaw)
to add Bloomberg Television |
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In Decision CRTC
2000-474, the Commission
approved the Category 2 licence application by Shaw Communications Inc.
(Shaw), through its subsidiary 869933 Alberta Ltd., to launch Bloomberg
Television Canada. According to the general conditions of licence attached to
the Category 2 services, initially approved on 24 November 2000, these
services were to be launched by 24 November 2003. By letter filed 28 May
2003, Shaw advised the Commission that Shaw would not launch Bloomberg
Television Canada. |
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As an alternative, Shaw has requested in the
same letter that the Commission add the international U.S. based financial
service provided by Bloomberg Television to Appendix D, List of Part 2, Part
3 and DTH Eligible Satellite Services for Digital Distribution. Shaw contends
that Bloomberg Television, a non-Canadian service, would be a valuable
addition to the list and would help to stimulate growth in the subscriber
base for Canadian digital services. |
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The proposed service would focus primarily on
international business and financial information provided exclusively by
Bloomberg LP. |
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Request from Rogers Broadcasting Limited
(Rogers) and Shaw Communications Inc (Shaw) to add MSNBC |
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In Decision CRTC
2000-650, the Commission
approved the Category 2 licence application by Shaw, Rogers and MSNBC Cable,
LLC, to launch MSNBC Canada. This Canadian specialty service was launched in
September 2001 and is currently distributed on digital by most Class 1 and
Class 2 cable television distributors in Canada and by StarChoice.
MSNBC is a U.S. cable news network that delivers up-to-the minute news from
around the globe. MSNBC relies on the news gathering resources of NBC News,
and NBC’s more than 200 affiliated stations. In addition to breaking news
coverage, MSNBC provides its viewers with independent analysis of the news.
Its prime time programming features live discussions, investigative reports,
news features, and documentaries which focus on the latest current events.
Although MSNBC’s schedule includes several long form documentaries scheduled
for broadcast on weekends, MSNBC Canada interrupts the regularly scheduled
programming to meet its Canadian programming commitments. |
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Rogers and Shaw, in consultation with their U.S.
shareholding partner in MSNBC Canada, have come to the conclusion that,
because of the unique programming challenges presented by a 24 hour breaking
news format, the Canadian programming requirements are disruptive to
subscribers and have proven to be financially burdensome beyond expectation,
with the result that the MSNBC Canada service is not viable over the long
term. |
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According to Rogers and Shaw, if this request is
approved in a timely matter, it would be the intention of the shareholders of
MSNBC Canada to continue to operate the existing MSNBC Canada Category 2
digital programming service until such time as they are able to effect what
will be a relatively seamless conversion of MSNBC Canada subscribers to
MSNBC. Simultaneously with that conversion, the Category 2 licence for MSNBC
Canada would be surrendered. Rogers and Shaw also indicated that if the
Commission did not approve this application, they would have no other option
but to discontinue the operation of its Category 2 programming service MSNBC
Canada. |
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In Call for proposals to amend the lists of
eligible satellite services through the inclusion of additional non-Canadian
services eligible for distribution on a digital basis only, Public Notice
CRTC 2000-173, 14 December 2000, the
Commission invited proposals to amend the lists of eligible satellite
services (the lists) through the inclusion of additional non-Canadian
programming services that would be authorized for distribution on a digital
basis only. The Commission also stated in Public Notice CRTC
2000-173 that any such requests must
include the following:
evidence that the non-Canadian service has agreed to be
sponsored by the Canadian party filing the proposal;
a statement from the service provider that it has obtained
all necessary rights for distribution of its programming in Canada;
a brief description of the service;
a copy of the current program schedule;
evidence of potential demand, as gathered through discussions with
distributors, and
an undertaking from the non-Canadian service provider that it does not
hold, will not obtain, nor will it exercise, preferential or exclusive
programming rights in relation to the distribution of programming in
Canada.
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With respect to these requests for the addition
of non-Canadian satellite services to the lists, the Commission is satisfied
that the supporting information required by Public Notice 2000-173 has been
provided and that it is appropriate to call for comments at this time. |
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As stated in Public Notice
2000-173, the Commission intends to
assess the current requests in the context of its general policy which
precludes the addition of new non-Canadian satellite services that can be
considered either totally or partially competitive with Canadian specialty or
pay television services. |
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In applying this policy, the Commission will
take into account all specialty and pay television programming undertakings
whose licence applications have been approved by the Commission to date.
These include all analog specialty television and pay television services as
well as the Category 1 and Category 2 specialty programming services approved
in Decisions CRTC 2000-449
through 2000-731 and all
other Category 2 services approved to date. |
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Addresses of sponsors:
Shaw Communications Inc.
Suite 900
630 – 3rd Avenue South West
Calgary, Alberta
T2P 4L4
Rogers Media
777 Jarvis Street
6th Floor
Toronto, Ontario
M4Y 3B7 |
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[Intervention Form] |
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Call for comments
Interested parties wishing to file comments on any of the sponsored
non-Canadian services are invited to do so. Commenting parties should also
submit a true copy of their comments to the appropriate Canadian sponsor, or
sponsors if there is more than one for a given service, at the addresses
provided. Proof that comments have been sent to sponsors must accompany the
original of the comments sent to the Commission. Comments must be received by
the CRTC and by the Canadian sponsors on or before 2 February 2004.
Sponsors may file a written reply to any comments received concerning
their requests. Such replies should be filed with the Commission, and a copy
sent to the person who submitted the comments, by no later than 12
February 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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- Intervention/Comments form available from the Commission’s web site by
indicating and selecting this public notice number under the Decisions,
Notices and Orders section
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OR |
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OR |
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- by mail to
CRTC, Ottawa, Ontario, K1A 0N2
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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 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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Important
All information submitted, including your email address, name and any
other personal information as provided, will be posted on the Commission’s
web site. Documents received in electronic format will be posted on the
Commission’s web site exactly as you send them and in the official language
and format in which they are received. Documents not received electronically
will be available in .pdf format. |
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Examination of documents |
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A list of all comments will be available on the
Commission’s web site. An electronic version of all comments submitted will
be accessible from this list. To access the list, select "Lists of
interventions/comments" under "Public Proceedings" from the Commission’s web
site. |
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Documents are also available during normal
office hours at the following Commission offices and documentation centres. |
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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
This document is available in alternate format upon request and may also
be examined at the following Internet site:
http://www.crtc.gc.ca |