ARCHIVED -  Decision CRTC 98-45

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Decision

Ottawa, 18 February 1998

DecisionCRTC 98-45

Northern Cablevision Ltd.
Cold Lake (formerly Grand Centre, Medley and CFB Cold Lake), Alberta
– 199707205

Addition of CITY-TV - Approved

Following Public Notice CRTC 1997-116 dated 3 September 1997, the Commission approves, by condition of licence, the application by Northern Cablevision Ltd. (Northern) for authority to distribute CITY-TV Toronto, as received at its head end either over the air, or from any licensed or exempted Canadian broadcasting distribution undertaking authorized to provide signals to other broadcasting distribution undertakings, on a discretionary tier of the cable distribution undertaking serving the new town of Cold Lake. The Commission notes that the licensee plans to receive the CITY-TV signal via satellite from Cancom.

An intervention in opposition to the application was submitted by Allarcom Pay Television Limited (APT). APT expressed the concern that CITY-TV could become a national superstation with increased presence in distant markets, with no provision of local programming in those markets. APT also raised the concern that this extension of service could have a negative impact on CITY-TV’s current practice of sub-licensing to APT the pay television rights for programming broadcast on CITY-TV.

In reply to the concerns expressed in the intervention, Northern noted that CITY-TV’s service has been extended to various parts of Canada in accordance with the provisions of the Commission’s policy on the distribution of distant signals. Northern added that, while that extension has been taking place, contrary to APT’s concern, CITY-TV’s practice of sub-licensing films to APT has increased. It further noted that, as of 1 January 1998 and for the foreseeable future, CITY-TV will not be competing for the rights to films produced by Warner Brothers or Columbia/Tristar. Northern argued that these factors indicate that approval of this application would have no impact on APT.

The Commission has considered the views of the intervener and of the applicant, and is satisfied that the distribution of CITY-TV is in line with the guidelines on the cable distribution of distant Canadian television signals set out in Public Notices CRTC 1985-61 and 1993-74. It is further satisfied that the distribution of CITY-TV will enhance the choice of Canadian programming services offered to subscribers, and that its distribution in the affected communities will not have any significant negative impact on other licensees.

On 14 March 1996, the Commission issued Public Notice CRTC 1996-36 outlining its policy on violence in television programming. In this policy statement, the Commission encouraged programming undertakings whose signals are distributed over various time zones to be sensitive to viewers in western time zones when scheduling programs.

The Commission notes that there is a two-hour time difference between Toronto and Northern’s service area. This means that programs with scenes of violence intended for adults that are broadcast on CITY-TV after the "watershed" hour of 9:00 p.m., as required by the Canadian Association of Broadcasters' Voluntary Code Regarding Violence in Television Programming, could be distributed on the Cold Lake undertaking before 9:00 p.m.

Accordingly, the Commission expects CITY-TV to be sensitive to the time zone differences in scheduling programs containing scenes of violence intended for adults.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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