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Repentigny, Quebec; and London, Ontario - 199707403 - 199707410
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1. In Public Notice CRTC 1997-122 dated 30 September 1997, the Commission announced applications by Bell Canada (Bell) to amend its broadcasting licences to carry on broadcasting distribution undertakings (BDUs) for the purpose of conducting technical and market trials, one in part of Repentigny and the other in part of London.
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2. Bell requested relief, for both the Repentigny and London undertakings, from the Commission's distribution and linkage policy in effect since 1997. Specifically, the applicant asked for authorization to select a single U.S. superstation, at its discretion, and package it with one or more Canadian specialty and/or pay services, in one or more tiers that are receivable by subscribers only by using an addressable digital decoder.
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3. On 22 December 1997, the Commission published the new Broadcasting Distribution Regulations (the regulations) which came into effect on 1 January 1998. At the same time, the Commission issued Public Notice CRTC 1997-151 entitled Distribution and Linkage Requirements for Class 1 and Class 2 Licensees. Under the provisions of this notice, Class 1 and Class 2 distribution licensees are permitted to designate one of the U.S. superstations specified in Section B of the List of Part 2 Eligible Satellite Services, and distribute the signal of that superstation within a given discretionary tier that may include one or more Canadian specialty and/or pay television services, provided that the superstation is included in a tier that is distributed on a digital basis only.
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4. Bell, accordingly, no longer needs authorization to carry out the proposed distribution of a U.S. superstation and no further action is required on application 199707403.
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5. The Commission acknowledges the interventions submitted by the Canadian Association of Broadcasters and Rogers Cablesystems Limited regarding this application.
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6. Bell also requested to be relieved of the requirement to distribute the priority signals CFTU-TV (IND) and CJNT-TV (IND) Montréal, on the basic band of its Repentigny undertaking. Bell proposes to distribute these signals on channels above the basic band which extends to channel 13.
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7. The Commission notes that there were no opposing interventions to the proposed distribution of CFTU-TV on a channel higher than the basic band. The Commission, therefore, approves Bell's request to be relieved of the requirement of section 17(2) of the regulations to distribute priority signal CFTU-TV on the basic band of its Repentigny undertaking.
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8. CTEQ Télévision inc. (CTEQ), licensee of CJNT-TV Montréal, submitted an intervention opposing Bell's proposal to distribute this station on a channel above the basic band. The intervener argued that CJNT-TV must have the same priority carriage as other local broadcasters even if Bell is only conducting technical and marketing trials. In addition, CTEQ stated that Bell did not consult with the licensee before submitting this application to the Commission.
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9. In response, Bell noted that, since there are nine priority signals in Montréal and four impaired channels, not all priority signals can be accommodated on the basic band. Bell argued that retaining priority signals at familiar places on the dial will help consumers locate them more easily. As a further aid to consumers, Bell stated that it will provide an Interactive Program Guide, which viewers can use to scan program listings quickly to locate programs of interest to them.
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10. Having considered the intervener's arguments and the applicant's response, the Commission considers that Bell should consult with CTEQ to reach an agreement concerning CJNT-TV's channel placement. Subject to Bell reaching such an agreement with CTEQ, the Commission approves the applicant's request to be relieved of the requirement of section 17(2) of the regulations to distribute priority signal CJNT-TV on the basic band of its Repentigny undertaking. If the applicant does not reach an agreement with CTEQ concerning CJNT-TV's channel placement, Bell must continue distributing CJNT-TV on the basic band of the basic service in accordance with section 17(2) of the regulations. The Commission requires Bell to submit a report, within one month of the date of this decision, indicating whether it has concluded an agreement with CTEQ on this matter.
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This decision is to be appended to the licence.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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