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Notice

Vol. 136, No. 34 — August 24, 2002

COMMISSIONS

CANADA CUSTOMS AND REVENUE AGENCY

INCOME TAX ACT

Revocation of Registration of a Canadian amateur athletic association

Following a request from the Canadian amateur athletic association listed below to have its status revoked, the following notice of proposed revocation was sent:

"Notice is hereby given, pursuant to paragraph 168(1)(a) of the Income Tax Act, that I propose to revoke the registration of the Canadian amateur athletic association listed below and that by virtue of paragraph 168(2)(a) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette."

Business Number Name/ Address
892967977RR0001 CANADIAN SKIPPING ASSOCIATION INC., MINEVILLE, N.S.

MAUREEN KIDD
Director General
Charities Directorate

[34-1-o]

CANADA CUSTOMS AND REVENUE AGENCY

INCOME TAX ACT

Revocation of Registration of Charities

The following notice of proposed revocation was sent to the charities listed below because they have not met the filing requirements of the Income Tax Act:

"Notice is hereby given, pursuant to paragraph 168(1)(c) of the Income Tax Act, that I propose to revoke the registration of the charities listed below and that by virtue of paragraph 168(2)(b) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette."

Business Number Name/ Address
106714736RR0001 ANNAPOLIS ROYAL HISTORIC GARDENS SOCIETY, ANNAPOLIS ROYAL, N.S.
107470494RR0001 HASTINGS RESOURCE CENTRE INC., HASTINGS, ONT.
107557050RR0001 THE KAPUSKASING AND DISTRICT CHILDREN'S AID SOCIETY, KAPUSKASING, ONT.
107951618RR0042 SALVATION ARMY BLAKETOWN CORPS, BLAKETOWN, NFLD. AND LAB.
108194903RR0001 WEEZA'S WEE ONES DAY CARE INC., EMSDALE, ONT.
118777275RR0001 ACTION FOR BRIGHT CHILDREN, THORNHILL, ONT.
118785476RR0001 AMHERSTBURG PERFORMING ARTS, AMHERSTBURG, ONT.
118795079RR0001 ASSOCIATION SCLÉROSE EN PLAQUES RIVE-NORD/RIVE-NORD MULTIPLESLEROSIS ASSOCIATION, L'ÉPIPHANIE (QUÉ.)
118865096RR0001 CENTRE FOR ADDICTION AND MENTAL HEALTH, TORONTO, ONT.
118896067RR0001 ÉGLISE ÉVANGÉLIQUE DE COATICOOK, COATICOOK (QUÉ.)
118962562RR0001 HOPE COUNCELLING SERVICES SOCIETY, COMOX, B.C.
118972108RR0001 ISLAND UKULELES A MUSIC SOCIETY, VICTORIA, B.C.
118983543RR0001 KITCHENER-WATERLOO LITTLE THEATRE, WATERLOO, ONT.
119056364RR0001 NEWMARKET LIONS CLUB CHARITABLE TRUST, NEWMARKET, ONT.
119086429RR0001 PARTNERS, ST. CATHARINES, ONT.
119094456RR0001 PLANNED PARENTHOOD ONTARIO, NORTH BAY, ONT.
119160091RR0001 SPIRITUAL ASSEMBLY OF THE BAHA'IS OF COLDSTREAM, VERNON, B.C.
119161057RR0001 SPY HILL SENIOR CITIZENS HAPPY HEARTS CLUB INC., SPY HILL, SASK.
119199891RR0001 CORRECTIONAL ALTERNATIVES IN PERTH, GADS HILL STATION, ONT.
119230639RR0001 THE EARLY MUSIC SOCIETY OF NOVA SCOTIA, HALIFAX, N.S.
119262293RR0001 THE WESTERN HERITAGE CENTRE SOCIETY, CALGARY, ALTA.
119306355RR0001 YORKLEA YOUTH SERVICES INCORPORATED, TORONTO, ONT.
119505550RR0001 CANADIAN FOLK ARTS COUNCIL/LE CONSEIL CANADIEN DES ARTS POPULAIRES, TORONTO, ONT.
121055404RR0001 ONTARIO NATIVE COUNCIL ON JUSTICE, KAPUSKASING, ONT.
127708675RR0001 CROSS CULTURAL COMMUNICATION CENTRE, TORONTO, ONT.
129670386RR0001 THE LOCAL ASSOCIATION OF THE VICTORIAN ORDER OF NURSES FOR HALIFAX, HALILFAX, N.S.
130964018RR0001 THE VANCOUVER SNOW BALL SOCIETY, VANCOUVER, B.C.
131892440RR0001 NORTH CALGARY CHRISTIAN ACADEMY FOUNDATION, CALGARY, ALTA.
132146325RR0001 CENTRE D'AIDE AUX TRAVAILLEURS ET TRAVAILLEUSES ACCIDENTÉS DE MONTRÉAL INC., MONTRÉAL (QUÉ.)
132276452RR0001 SPIRITUAL ASSEMBLY OF THE BAHA'IS OF NEW MARYLAND, NEW MARYLAND, N.B.
133867614RR0001 PHOENIX MONTESSORI LEARNING CENTRE SOCIETY, LANGLEY, B.C.
136507159RR0001 MAISON L'INTÉGRALE INC., MONTRÉAL (QUÉ.)
138074398RR0001 COMMUNITY CORRECTIONAL ALTERNATIVES COMMITTEE II OF OWEN SOUND, OWEN SOUND, ONT.
138414529RR0001 SOUTH WEST NOVA FAMILY RESOURCE CENTRE ASSOCIATION, YARMOUTH, N.S.
139637409RR0001 ABINOOJII FAMILY SERVICES, KENORA, ONT.
141146688RR0001 THE SHAMBHALA ELEMENTARY SCHOOL SOCIETY, HALIFAX, N.S.
141721571RR0001 LES CLSC ET CHSLD DE LA MRC DE LOTBINIÈRE, LAURIER (QUÉ.)
866481781RR0001 ON TARGET MINISTRIES, CAMBRIDGE, ONT.
866818693RR0001 THE SPIRITUAL ASSEMBLY OF THE BAHA'IS OF ROCKYVIEW M.D., COCHRANE, ALTA.
867038127RR0001 MILLENIUM YOUTH CENTRE, WINDSOR, ONT.
867607764RR0001 MOSAIK, LACHINE (QUÉ.)
867650897RR0001 MAISON COMMUNAUTAIRE DE LA FAMILLE DU CENTRE-DE-LA-MAURICIE, SHAWINIGAN (QUÉ.)
869701235RR0001 SEX OFFENDER TASK FORCE OF WINDSOR — ESSEX COUNTY, WINDSOR, ONT.
869776369RR0001 CENTRE D'INTERVENTION ET DE MISE EN VALEUR DE L'ÎLE ROUGE, QUÉBEC (QUÉ.)
870059136RR0001 CARE FOR THE WILD CANADA, AURORA, ONT.
870774742RR0001 THE CANADIAN FIBROMYALGIA SOCIETY, INGERSOLL, ONT.
874010044RR0001 CLSC — CHSLD BAIE-DES-CHALEURS, PASPÉBIAC (QUÉ.)
876198169RR0001 THE CALGARY INSTITUTE FOR TREATMENT FOR TRAUMA, CALGARY, ALTA.
877569475RR0001 THE JEROME KID'S FOUNDATION INC., AMHERSTBURG, ONT.
879551224RR0001 CALGARY COMMUNITY WORKS, CALGARY, ALTA.
879704625RR0001 CANADIAN CHRONIC PROSTATITIS RESEARCH FOUNDATION / LA FONDATON CANADIENNE DE RECHERCHE SUR LA PROSTATITE CHRONIQUE, OTTAWA, ONT.
882570526RR0001 BOUT DE PAPIER INC., AMQUI (QUÉ.)
883859381RR0001 EXCEPTIONAL SENIORS COMMUNITY HEALTH CENTRE, NORTH YORK, ONT.
884183823RR0001 SOUTH PEACE SOCIAL PLANNING COUNCIL SOCIETY, GRANDE PRAIRIE, ALTA.
885555995RR0001 ASSOCIATION MALENTENDANTS, MALENTENDANTES CENTRE DU QUÉBEC INC., DRUMMONDVILLE (QUÉ.)
886539592RR0001 LONDON STATUS OF WOMEN ACTION GROUP CHARITABLE AND EDUCATIONAL TRUST, LONDON, ONT.
886651793RR0001 CASCADE BENEVOLENT FOUNDATION, BURNABY, B.C.
886709591RR0001 CHURCH OF THE NAZARENE, ECKVILLE, ALTA.
887255420RR0001 NATIONAL FOUNDATION FOR HEPATITIS-C (1998), EDMONTON, ALTA.
887975043RR0001 BIOLA ASSOCIATION OF CANADA, DELAT, B.C.
888056231RR0001 BAY OF QUINTE CHAPTER OF SWEET ADELINES INTERNATIONAL, BELLEVILLE, ONT.
888672979RR0001 AL-HAWRA ZAINAB FOUNDATION/FONDATION AL-HAWRA ZAINAB, MONTRÉAL, QUE.
888787470RR0001 LA CORPORATION DES GARES DES LAURENTIDES INC., PRÉVOST (QUÉ.)
889103446RR0001 SIKH ASSOCIATION BRANTFORD ONT., BRANTFORD, ONT.
889899597RR0001 NEWFOUNDLAND AND LABRADOR FOSTER PARENTS ASSOCIATION, ST. JOHN'S, NFLD. AND LAB.
889914925RR0001 PRAISE COMMUNITY CHURCH (PRESBYTERIAN) SOCIETY, SECHELT, B.C.
890132269RR0001 GOOSE BAY — HAPPY VALLEY CALVARY CHURCH OF THE NAZARENE, HAPPY VALLEY, GOOSE BAY, NFLD. AND LAB.
890262199RR0001 CHILLIWACK SOCIAL PLANNING COUNCIL, CHILLIWACK, B.C.
890360654RR0001 LA FONDATION LES AMIS PIERROT INC., VERDUN (QUÉ.)
890365448RR0001 THE CONGREGATION OF GOD SEVENTH DAY, OAKVILLE, ONT.
890710593RR0001 THE BOYDEN MEDICAL CENTRE, TORONTO, ONT.
890841141RR0001 LA MAISON DE TANTINE, RIVIÈRE-DU-LOUP (QUÉ.)
891064545RR0001 LONDON CHINESE COMMUNITY SERVICES, LONDON, ONT.
891872772RR0001 DESERONTO & AREA COMMUNITY RESOURCE CENTER INC., DESERONTO, ONT.
891981441RR0001 WATERLOO REGIONAL DOWN SYNDROME SOCIETY, KITCHENER, ONT.
892583246RR0001 BIRTHRIGHT ABBOTSFORD CHAPTER,
MT. LEHMAN, B.C.
892636168RR0001 NEIGHBOURHOOD WATCH COORDINATORS ASSOCIATION FOR THE REGIONAL MUNICIPALITY OF HAMILTON-WENTWORTH, HAMILTON, ONT.
892691163RR0001 RISHI SAMSKRUTI VIDYA KENDRA (RSVK) CANADA, OTTAWA, ONT.
892857541RR0001 NATURE-ACTION/BELŚIL/MONT-SAINT-HILAIRE, OTTERBURN PARK (QUÉ.)
892921479RR0008 EASTERN REGIONAL HEALTH BOARD, SYDNEY MINES, N.S.
893255539RR0001 DIGBY BOYS & GIRLS CLUB, DIGBY, N.S.
893400762RR0001 FONDATION SCOUTE ATLANTIQUE, TRACADIE-SHEILA (N.B.)
893402966RR0001 LET'S EDUCATE AND PREPARE YOUTH BURSARY PROGRAM, TORONTO, ONT.
894630599RR0001 SOUTH CENTRAL HEALTH DISTRICT FOUNDATION INC., WEYBURN, SASK.
899550636RR0001 CHOEUR ARS PHILHARMONICA INC., ANJOU (QUÉ.)
895533529RR0001 LEARNING DISABILITIES ASSOCIATION OF BRITISH COLUMBIA — CENTRAL FRASER VALLEY CHAPTER, MISSION, B.C.
897430195RR0001 SAGASHTOWAO HEALING LODGE INC., MOOSE FACTORY, ONT.
897564951RR0001 LESBIAN GAY BI YOUTH LINE, TORONTO, ONT.
897565289RR0001 MEDIATING OFFENDER VICTIM ENCOUNTERS INC., MONCTON, N.B.
898276886RR0001 PROJET ISPA/SEEHIGHS, MONTRÉAL (QUÉ.)
898429295RR0001 SHUSWAP BROTHERS AND SISTERS SOCIETY, KAMLOOPS, B.C.
899167621RR0001 ASSOCIATION DES DÉPRESSIFS ET DES MANIACO-DÉPRESSIFS DE CHICOUTIMI, CHICOUTIMI (QUÉ.)

MAUREEN KIDD
Director General
Charities Directorate

[34-1-o]

CANADA CUSTOMS AND REVENUE AGENCY

INCOME TAX ACT

Revocation of Registration of Charities

The registered charity listed below has amalgamated or merged with other organizations and has requested that its registration be revoked. Therefore, the following notice of proposed revocation has been sent to this organization, and is now being published according to the requirements of the Income Tax Act:

"Notice is hereby given, pursuant to paragraph 168(1)(a) of the Income Tax Act, that I propose to revoke the registration of the charity listed below and that by virtue of paragraph 168(2)(a) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette."

Business Number Name/ Address
107649139RR0001 LUNENBURG COUNTY DISTRICT SCHOOL BOARD, BRIDGEWATER, N.S.

MAUREEN KIDD
Director General
Charities Directorate

[34-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

WITHDRAWAL

EDP Hardware and Software

The Canadian International Trade Tribunal received a complaint (File No. PR-2002-016) from BAJAI Inc. (the complainant), of Ottawa, Ontario, concerning procurements (Solicitation Nos. FP867-010104, F2934-010054, F5965-000556 and F5965-020502) by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitations were for the provision of Websense software.

Notice is hereby given that the complainant has withdrawn the complaint.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, August 14, 2002

MICHEL P. GRANGER
Secretary

[34-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:

— Central Building, Les Terrasses de la Chaudière, Room G-5, 1 Promenade du Portage, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);

— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), 426-6997 (TDD), (902) 426-2721 (Facsimile);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), 983-8274 (TDD), (204) 983-6317 (Facsimile);

— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), 666-0778 (TDD), (604) 666-8322 (Facsimile);

— C.R.T.C. Documentation Centre, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile);

— C.R.T.C. Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (780) 495-3224 (Telephone), (780) 495-3214 (Facsimile).

Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.

Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the office of the CRTC.

2002-230 August 12, 2002

    Simon Fraser Campus Radio Society
    Burnaby, British Columbia

Approved — New community-based campus radio station in Burnaby.

2002-231 August 12, 2002

    Vidéotron ltée
    Montréal, Quebec

Approved — Relief from the requirement to distribute CJOH-TV-8 (CTV) Cornwall, a rebroadcasting station of CJOH-TV Ottawa.

2002-232 August 12, 2002

    Vidéotron (RDL) ltée
    Granby, Quebec

Approved — Relief from the requirement to distribute CJNT-TV Montréal on the basic band.

Approved — Relief from the requirement that it not distribute the signals of CBFT and CBMT Montréal and the community channel on restricted channels.

2002-233 August 13, 2002

    ARTV inc.
    Across Canada

Approved — Amendment to the condition of licence to allow the licensee to broadcast in prime time programs of human interest totalling one hour per week, reflecting events and the milieu within the Canadian artistic and cultural community.

2002-234 August 13, 2002

    Bluewater TV Cable Ltd.
    Clinton, Bayfield, etc., Ontario

Denied — Reorganization of licensed areas.

2002-235 August 14, 2002

    MTS Communications Inc.
    Winnipeg and surrounding areas, Manitoba

Approved in part — Regional broadcasting licence to operate a cable broadcasting distribution undertaking to serve the provinces of Manitoba, Saskatchewan and Alberta. The licence will expire August 31, 2008.

[34-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-44

Rogers Cable Inc. — Breach of Broadcasting Distribution Regulations and Conditions of Licence

In this notice, the Commission finds Rogers Cable Inc., its subsidiaries or affiliates (Rogers) breached subsection 27(1) of the Broadcasting Distribution Regulations and conditions of licence relating to the use of local availabilities. As a result, the Commission requires Rogers to file quarterly compliance reports for the next three years.

August 12, 2002

[34-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-45

Exemption Order Respecting Radiocommunication Distribution Undertakings (RDUs)

Effective today, the Commission will exempt radiocommunication distribution undertakings from licensing requirements and associated regulations. The exemption order is appended to this notice. The order sets out the specific criteria that radiocommunication distribution undertakings must meet to qualify for exemption.

August 12, 2002

[34-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-46

The Commission has received the following applications:

1. TVA Group Inc., Publications Transcontinental Inc. and BCE Média Inc.
Across Canada

To extend the implementation date of the national digital French-language Category 1 specialty television service known as "LCN Affaires", granted by Decision CRTC 2000-468.

2. TVA Group Inc., Films Rozon Inc. and BCE Média Inc.
Across Canada

To extend the implementation date of the national digital French-language Category 1 specialty television service known as "Télé Ha! Ha!", granted by Decision CRTC 2000-467.

3. TVA Group Inc., Global Television Network Inc. and Rogers Broadcasting Limited
Across Canada

To extend the implementation date of the national digital French-language Category 1 specialty television service known as "Canal Mystère" (previously known as 13ième Rue), granted by Decision CRTC 2000-469.

Deadline for intervention: September 19, 2002

August 15, 2002

[34-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-47

The Commission has received the following applications:

1. Friends of Banff National Park Fellowship
Banff, Alberta

To amend the licence of the low power radio station CFPE-FM by deleting the following condition of licence: Broadcast programming consisting exclusively of general information and weather reports provided by Banff National Park and by replacing it with the following conditions of licence: Broadcast programming consisting exclusively of general information related to the ecology, topography, history and culture of a mountain region and the promotion and preservation of the national park system, including weather reports provided by Banff National Park; Broadcast a maximum of 16 percent music over the broadcast week; at least 75 percent of the music selections will come from category 3 (special interest); Broadcast 40 percent Canadian content in relation to all musical selections over the broadcast week.

2. Canadian Broadcasting Corporation
Calgary, Alberta

To amend the licence of the French FM radio station in Calgary, approved by Broadcasting Decision CRTC 2002-133.

Deadline for intervention: September 20, 2002

August 16, 2002

[34-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-48

Call for Comments on the Establishment of Rules to Govern the Distribution of Specialty Services on the Basic Service of Fully Digital Cable Undertakings

Introduction

1. In Call for Comments on a Proposed Policy to Oversee the Transition from Analog to Digital Over-the-air Broadcasting, Public Notice CRTC 2001-62, June 5, 2001, the Commission stated that, among other things, the transition policy should provide guidance to distributors in their transition to a digital environment. In the Commission's view, it is important from the outset to establish a clear understanding among distributors of what their obligations will become in the future, as they move toward distribution in digital mode and as their distribution capacity increases.

2. At this time, the Commission considers it appropriate to reassess the rules governing the distribution of specialty services on the basic service of fully digital cable undertakings, i.e. those cable distribution undertakings that distribute programming to subscribers exclusively via digital technology (digital cable undertakings). Such a review is particularly relevant now, given that direct-to-home (DTH) satellite distribution undertakings, which distribute programming on a fully digital basis, have established themselves as viable alternatives to cable and are subject to less extensive carriage requirements than cable licensees.

Background

3. The basic service refers to the services distributed by licensed broadcasting distribution undertakings (licensed BDUs) as a package for a single fee. It is composed of the programming services that licensed BDUs are required to distribute under sections 17, 32 or 37 of the Broadcasting Distribution Regulations (the Distribution Regulations), or pursuant to section 9(1)(h) of the Broadcasting Act (the Act) or a condition of a BDU's licence, and any other authorized service that a licensed BDU decides to include in the package.

4. Thus, Class 1 and 2 licensees must distribute the programming services of the Canadian Broadcasting Corporation (CBC) in French and English, the provincial education television stations, all local television stations, and regional/extra-regional television stations where a local station is not available. In addition, pursuant to section 9(1)(h) of the Act, the Commission requires the distribution of TVA and the Aboriginal Peoples Television Network (APTN).

5. Under the Distribution Regulations, the requirement to carry these services as part of the basic service is not influenced by the technology used for the distribution of programming services to subscribers. Digital cable undertakings will therefore still be required to distribute, as part of their basic service, the services listed in sections 17 or 32 of the Distribution Regulations, as appropriate.

6. The existing access rules set out in section 18(5) of the Distribution Regulations also require Class 1 licensees, to the extent of available channels, to carry all specialty and pay services appropriate to the linguistic and ethnic makeup of the markets they serve. The distribution and linkage requirements for Class 1 and Class 2 licensees are set out in Public Notice CRTC 2001-90 and are incorporated by reference into section 20(1) of the Distribution Regulations. They establish how these services must be carried by Class 1 and Class 2 licensees in an analog environment, depending on the status of the specific service in question:

— "dual status" means that, where carried, the service must be carried as part of the basic service, unless the programming service agrees in writing to be carried on a discretionary tier;

— "modified dual status" means that, where carried, the service must be carried as part of a discretionary tier, unless both the distribution undertaking and the programming service agree to carriage as part of the basic service; and

— "discretionary status" means carriage on a purely discretionary basis in a tier or on a stand-alone basis.

7. For DTH satellite distribution undertakings (DTH operators), the Commission chose a more flexible approach based largely on the need to establish a competitive balance among new and existing distribution undertakings. While the Commission requires DTH operators to distribute all pay and specialty services, it does not require that they distribute any specialty service as part of the basic service. Neither the dual status nor the modified dual status definitions apply to DTH operators.

Scope of the call for comments

8. The Commission emphasises that comments filed in response to this notice should be confined to a discussion of the rules to be established to govern the distribution of specialty services on the basic service of digital cable undertakings. Comments should, therefore, not address the following matters, some of which are the subject of other proceedings:

— the basic service distribution rules found in section 17 of the Distribution Regulations for Class 1 and 2 BDUs and in section 32 for Class 3 BDUs, which apply regardless of the technology used for distribution to subscribers;

— the distribution of the proceedings of the House of Commons. In Call for Comments — Proposed Amendments to the Broadcasting Distribution Regulations, Broadcasting Public Notice CRTC 2002-34, July 5, 2002, the Commission sets out proposed requirements for the distribution, in both official languages, of the proceedings of the House of Commons and its various committees, by all Class 1 and Class 2 cable distribution undertakings;

— the conditions under which existing analog services may be duplicated on a digital basis or moved from analog to digital distribution. The conditions are being examined by the Digital Migration Group, as announced in For the attention of the participants in the Digital Migration Group, and other interested parties, Circular No. 446, November 2, 2001;

— the issues addressed in Call for Comments on a Proposed Policy Framework for the Distribution of Digital Television Services, Broadcasting Public Notice CRTC 2002-32, June 12, 2002, including the distribution in a digital television format of local, over-the-air services or other priority signals identified in section 17 of the Distribution Regulations; and

— the carriage of services authorized for carriage pursuant to section 9(1)(h) of the Act, in particular TVA and APTN.

Issues to be explored

9. The Commission invites comments in this proceeding on issues related to the establishment of rules to govern the distribution of specialty services on the basic service by digital cable undertakings. The Commission has identified five issues that are addressed in the following sections.

Issue No. 1 — Reliance on market forces vs. regulatory requirements

10. Given that the broadcasting system is rapidly moving towards an environment of increased consumer choice, the Commission has deliberately favoured increased regulatory flexibility in the digital environment. Thus, the question arises as to whether cable distribution undertakings, once fully digital, should continue to be required to distribute dual status specialty services on the basic service.

11. In an environment that is increasingly characterized by a market driven model, the Commission must consider whether it is appropriate to continue to preserve a place for certain specialty services on the basic service. These may include specialty services that may not, by themselves, be commercially supportable in a fully competitive environment, and yet have a significant public interest contribution to make to the Canadian broadcasting system.

Questions

— Are the existing rules that apply to cable distribution undertakings that distribute programming services on an analog basis still appropriate where these undertakings are distributing such services to all subscribers on a fully digital basis?

— In an environment characterized by an increased reliance on market forces, is it appropriate to require digital cable undertakings to make available, to the broadest possible audience, certain specialty services?

Issue 2 — Specialty services to be included in a digital basic cable service

12. A central question in the establishment of digital basic service rules for digital cable undertakings is how the Commission should determine what specialty services, if any, should be included in, or excluded from, the digital basic service and the criteria used for such determination.

Questions

— What criteria should be used to identify the specialty services that should be included in, or excluded from, the digital basic cable service?

— In order to qualify for distribution as part of the digital basic cable service, should specialty services be required to make a more significant contribution to the attainment of the objectives of the Act? If so, should any specific objective be emphasized and how should such a significant contribution be measured?

— How should the Commission apply the criteria? In other words, should the Commission evaluate new and existing services to determine if they meet the criteria established for distribution on the basic service? Or should the onus be on each service to specifically apply for distribution rights on the digital basic cable service?

— How many specialty services should be permitted on the digital basic cable service? Should the Commission set a numerical limit or would it be more appropriate to set aside a certain proportion of channels?

— Should the Commission contemplate a change to its current rules governing the distribution of non-Canadian services on the basic service?

Issue 3 — Impact on consumers

13. Changes to the rules could have a significant impact on consumers. The establishment of new rules to govern digital basic service could result in changes to the line-up of specialty services in the existing basic service. Although digital penetration is still relatively low, any change in current packaging arrangements is bound to result in some disruption for digital subscribers. Altering the number and nature of the specialty services to which subscribers have access and the amount they would have to pay for them would have the greatest impact on those subscribers who subscribe only to the basic service. At least 15 percent of cable subscribers in Canada subscribe only to the basic service. The proportion in the province of Quebec is higher at 23 percent.

14. Changes could have even more significant implications for subscribers of limited means. Subparagraph 3(1)(t)(ii) of the Act states that BDUs "should provide efficient delivery of programming at affordable rates, using the most effective technologies available at reasonable cost."

Questions

— How can the Commission limit subscriber disruption and ensure affordable basic digital service, particularly to those of limited means, while providing a diverse and attractive basic service package that still meets the objectives of the Act?

— Is it necessary that all basic service packages be identical? Is it feasible to mandate the carriage of a core number of specialty services on the digital basic service and allow subscribers to choose the remainder of the specialty services they wish to have included as part of their basic service?

Issue 4 — Basic service provision to official language groups

15. Subsection 3(1) of the Act explicitly requires that the broadcasting system be composed of both French- and English-language components.

16. The Commission recently amended the Distribution Regulations in Public Notice CRTC 2001-100, September 14, 2001, in order to implement recommendations from its Report on French-Language Broadcasting Services in a Minority Environment, Public Notice CRTC 2001-25, and A Policy to Increase the Availability to Cable Subscribers of Specialty Services in the Minority Official Language, Public Notice CRTC 2001-26, February 12, 2001.

Questions

— In light of the objectives of the Act and the Commission's policies regarding service to minority official language communities, should the rules governing digital basic service differ depending upon the language of the area being served?

— Should the Commission establish a basic service package in each official language and, if so, should a subscriber be able to choose between the two basic service packages? What are the implications of such an approach in terms of distribution requirements?

Issue 5 — Impact of change on programming services and distributors

17. Changes to the rules could have an impact on both the subscriber and the advertising revenues earned by a specialty service. This, in turn, could weaken the ability of some specialty services to meet their programming obligations and contribute to the attainment of the broadcasting policy objectives of the Act. Such changes could also mean that some specialty services and cable licensees might have to renegotiate terms of distribution, including wholesale rates, channel positions and packaging.

Questions

— What would be the impact on cable licensees, of the establishment of different basic service rules for digital distribution?

— What impact would the establishment of such rules have on existing specialty services and their ability to continue to meet their commitments, especially if the Commission were to no longer require their distribution on the digital basic service?

— If the Commission establishes new rules for the distribution of specialty services on the basic service of digital cable undertakings, should the same rules apply to DTH operators, and what are the implications of adopting such an approach?

Call for comments

18. The Commission invites comments that address the issues and questions set out in this notice. The Commission will hold a two-stage written comment process for this proceeding. In the first stage, the Commission will accept comments that it receives on or before November 15, 2002. The Commission invites interested parties then to file replies to any of the comments submitted during the first stage. Parties will have until December 16, 2002, to do so.

19. 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 in the notice have been followed.

August 16, 2002

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-49

Call for Comments on the Channel Placement of Services Whose Distribution has been Required Pursuant to Paragraph 9(1)(h) of the Broadcasting Act

In this public notice, the Commission seeks comments on questions surrounding the channel placement of programming services that have been licensed for mandatory carriage as part of the basic service pursuant to paragraph 9(1)(h) of the Broadcasting Act, in particular the Aboriginal Peoples Television Network (APTN) and TVA.

Introduction

1. During the Commission proceeding that culminated in Ownership of Analog Discretionary Services by Cable Undertakings — Amendment to the Commission's Policy, Public Notice CRTC 2001-66-1, August 24, 2001, Vision TV: Canada's Faith Network, along with Torstar Corporation, Omni Films, and Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) [the parties] suggested that the Commission consider a new approach to the packaging of public broadcasting services, as well as educational and independent programming services, by requiring such services to be given mandatory carriage on the basic cable service, along with favourable channel placement. Vision TV also argued in favour of this approach, calling it the foundation tier concept, during its licence renewal hearing in June 2001, and again during the proceeding that culminated in Rate Deregulation for Cable Systems, Decision CRTC 2001-630, October 4, 2001.

2. The Commission considers that the introduction of the foundation tier concept would be disruptive for consumers and would have major technical and operational implications for distributors and programming service providers. Furthermore, it would represent a major change to the regulatory framework relating to basic service. The Commission is, therefore, of the view that the foundation tier is neither practical nor appropriate.

3. During the Commission's examination of the foundation tier concept, questions surrounding the actual availability of those services whose distribution has been required as part of the basic service pursuant to paragraph 9(1)(h) of the Broadcasting Act (the Act) were raised. That paragraph of the Act specifically states that the Commission may:

    require any licensee who is authorised to carry on a distribution undertaking to carry, under such terms and conditions as the Commission deems appropriate, programming services specified by the Commission.

Background

4. In Decision CRTC 98-488, October 29, 1998, the Commission approved the national distribution of TVA, the French-language television service of TVA Group Inc. The Commission determined that national distribution of the service would help increase the availability of French-language television services across Canada and would contribute to promoting Canada's linguistic duality and cultural diversity, in keeping with several policy objectives of the Act.

5. Accordingly, in Order Respecting the Distribution of the French-language Television Service of TVA Group Inc., Public Notice CRTC 1999-27, February 12, 1999, as corrected by Public Notice CRTC 1999-27-1, May 19, 1999, the Commission directed Class 1 and Class 2 broadcasting distribution undertakings (BDUs) and direct-to-home (DTH) distribution undertakings to distribute the TVA network signal as part of the basic service, effective May 1, 1999.

6. Similarly, in Decision CRTC 99-42, February 22, 1999, the Commission approved the national distribution of the Aboriginal Peoples Television Network (APTN). The Commission found that APTN would strengthen the cultural identity of Aboriginal peoples through new and diverse Canadian programming and offer a cultural bridge between Aboriginal and non-Aboriginal Canadians, also in keeping with the policy objectives of the Act.

7. In Order Respecting the Distribution of the Aboriginal Peoples Television Network (APTN), Public Notice CRTC 1999-70, April 21, 1999, the Commission directed Class 1 and 2 BDUs and DTH systems, pursuant to paragraph 9(1)(h), to distribute APTN as part of the basic service, effective September 1, 1999.

Channel placement and delivery of programming services

8. The Commission notes that cable distribution undertakings typically place the programming services they offer as follows:

— the first 20 to 30 channels constitute the unscrambled basic service and are available to all subscribers;

— two to four fixed tiers of specialty services are next in the channel line-up and are available at additional cost;

— a block of fully discretionary (scrambled) pay and pay-per-view (PPV) services is usually next in the channel line-up; and

— channels above 55 (top-end analog channels) are often used to distribute additional basic services.

9. The Commission is aware that many cable distribution undertakings have placed the signals of APTN and TVA on these top-end analog channels. Some older television sets may not be able to display the top-end analog channels and subscribers who "surf" channels may be less likely to look beyond the scrambled pay television and PPV channels.

10. In the Commission's view, this practice may be inconsistent with its objectives in ordering the distribution of these services as part of the basic service pursuant to paragraph 9(1)(h). In particular, the Commission is concerned whether the APTN and TVA services are actually widely available to Canadians and are as readily accessible as they should be.

Issues to be explored

11. Given the significant contributions of APTN and TVA to the policy objectives of the Act, the Commission considers that the actual availability of these services to all Canadians is necessary. Accordingly, the Commission invites comments with respect to the following matters.

— Should the Commission establish analog channel placement requirements for the services it has ordered to be carried on the basic service pursuant to paragraph 9(1)(h) of the Act? What channel placement would be appropriate for the distribution of such services?

— How would a requirement to carry paragraph 9(1)(h) services on lower analog channels affect cable distribution undertakings? For example, what would be the specific cost implications of such a requirement? What would be a reasonable timeframe to phase in any change?

— How would a requirement to carry paragraph 9(1)(h) services on lower analog channels affect consumers? How could any potential negative consequences for consumers, if any, be mitigated? What effect, if any, would such a requirement have on programming service providers?

— Are there alternative initiatives or mechanisms that could be put in place by cable distribution undertakings and/or the programming services themselves to ensure that paragraph 9(1)(h) services are more readily available and visible to all Canadians?

Call for comments

12. 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 October 16, 2002.

13. 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 in the notice have been followed.

August 16, 2002

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