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Broadcasting Decision CRTC 2003-579
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Ottawa, 18 November 2003
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Rogers Cable Inc. and Rogers Cablesystems Ontario Limited/limitée
London, Ontario
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Rogers Ottawa Limited
Ottawa, Ontario
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Rogers Cable Inc.
St. Thomas, Ontario
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Rogers Cable Inc.
Strathroy, Ontario
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Rogers Cable Inc.
Tillsonburg, Ontario
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Applications 2003-1010-3, 2003-1011-0, 2003-1009-5, 2003-1014-4, 2003-1013-6 and 2003-1012-8
Broadcasting Public Notice CRTC 2003-46
4 September 2003
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New source for certain non-Canadian signals
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The Commission approves applications by Rogers Cable Inc., Rogers Cablesystems Ontario Limited/limitée and Rogers Ottawa Limited to change the source of the signals of television stations affiliated with the U.S commercial networks that they distribute on the above-noted cable distribution undertakings serving Ottawa and various locations in Southwestern Ontario. Henceforth, the U.S. commercial television stations distributed on these undertakings will generally be from Detroit, Michigan.
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1.
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The Commission received applications by Rogers Cable Inc., Rogers Cablesystems Ontario Limited/limitée and Rogers Ottawa Limited (collectively referred to as "Rogers") to amend the licences of the above-noted cable distribution undertakings serving Ottawa and various locations in Southernwestern Ontario. Rogers proposed to make various changes, which are set out in the appendix to this decision, to the U.S. television signals distributed on these undertakings. Essentially, the applicant proposed to replace various signals of television stations that provide the programming of the U.S. commercial networks CBS, NBC, ABC and FOX with signals from similar affiliates in Detroit, Michigan, as well as to make other changes designed to ensure that viewers receive signals of high technical quality.
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2.
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Rogers further indicated that the replacement of signals from Rochester, New York on its Ottawa undertaking was necessary because MCI (previously Worldcom Inc.) had decided to discontinue its microwave service that delivered the Rochester signals to Ottawa.
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3.
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Rogers stated that, in all cases, the change to Detroit stations would have no significant impact on local television stations.
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Interventions
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4.
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The Commission received two interventions opposing the applications. One was from Richard M. Sajecki of London, Ontario; the other was from Horace Carby-Samuels of Kanata, Ontario.
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The interveners' concerns
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5.
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In London, Rogers proposed to distribute the signals of WWJ-TV (CBS) and WJBK-TV (FOX) Detroit, Michigan instead of WSEE-TV (CBS) Erie, Pennsylvania and WUTV (FOX) Buffalo, New York.
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6.
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Mr. Sajecki considered that there was a long-standing relationship between London viewers and Erie, Pennsylvania. In this respect, he noted that the PBS station from Erie used the term "Erie-London" in announcements that it aired. Mr. Sajecki also questioned why all the television stations that Rogers distributes should come from large centres such as Toronto and Detroit. He considered that such an approach prevented viewers from tapping into the local news of a variety of other communities south of the Great Lakes. While acknowledging that the signal quality of the Erie stations was sometimes not the best, Mr. Sajecki suggested that the applicant should investigate ways of improving these signals rather than switching to signals from Detroit.
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7.
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Mr. Sajecki further submitted that Rogers had implemented the proposed changes on 16 September 2003, before the Commission's approval had been obtained. He considered that implementing the changes before receiving the necessary approval disregarded the public process and the Commission's authority.
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8.
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In Ottawa, Rogers proposed to distribute the signals of WWJ-TV (CBS), WDIV (NBC), WXYZ-TV (ABC) and WJBK-TV (FOX) Detroit, Michigan instead of WHEC-TV (NBC), WROC-TV (CBS),WOKR (ABC) Rochester, New York and WUTV (FOX) Buffalo, New York. Mr. Carby-Samuels considered that Rogers subscribers in Ottawa had become accustomed to the program offerings of the affiliates of the American networks from New York state. He was of the view that these stations provided a mix and range of syndicated programs not available from the Detroit affiliates. The intervener also considered that the PBS station in Watertown, New York presented programming that serves subscribers in Eastern Ontario, while the PBS affiliate in Detroit was comparatively indifferent to Canadians.
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9.
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Mr. Carby-Samuels also submitted that, if it were necessary to replace the Rochester signals because of technical difficulties, the signals should be replaced by signals from Buffalo, New York rather than from Detroit, Michigan. The intervener noted that WUTV, the FOX affiliate in Buffalo, has historically tried to serve the Ontario market. As well, Mr. Carby-Samuels considered that the Buffalo stations provided programming that was more relevant to Canadians than that available from the Detroit stations.
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The applicant's reply
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10.
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In its reply, Rogers noted that both interveners had a common concern regarding the possible loss of programming that they have become accustomed to receiving from U.S. television stations in Rochester and Buffalo, New York and Erie, Pennsylvania. Rogers submitted that, by changing the source of the stations providing the programming of U.S. commercial networks to Detroit, its customers would receive higher quality signals that are virtually free of interference without significant change or loss of programming options.
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11.
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Rogers also clarified that the proposed changes involved the primary source of signals of stations affiliated to the U.S. commercial networks, not the PBS stations. The applicant clarified that, under its proposal, customers would continue to receive WPBS (PBS) Watertown, New York in Ottawa, and WQLN (PBS) Erie, Pennsylvania on the systems in Southwestern Ontario. Rogers recognized the Canadian orientation of these PBS stations, and acknowledged that many Canadian residents support these stations both as viewers and as members.
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12.
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With respect to the interveners' concerns about the changes resulting in a loss of programming, Rogers submitted that:
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- Over 96% of the prime time schedules of the Detroit U.S. commercial network affiliates are the same as the schedules of the affiliates in Rochester, Buffalo and Erie.
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- On average, over 70% of the 18-hour broadcast day program schedules of the Detroit affiliates, excluding the stations affiliated with the FOX network, are either identical to the program schedules of the other affiliates, or consist of local programming such as news, paid programming and religious programming, which is of little direct relevance to Canadians.
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- While approximately 50% of the overall program schedule of the Detroit station affiliated to the FOX network is identical to the schedule of the FOX affiliate in Buffalo, over 95% of the prime time schedule is the same.
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13.
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Rogers also addressed Mr. Carby-Samuels' concern that it would be better for Rogers to distribute stations from Buffalo rather than from Detroit on the Ottawa system. Rogers stated that its choice of signals from Detroit was made in light of concerns expressed by Canadian broadcasters related to the expanded distribution of the Buffalo signals across Ontario. These concerns relate to the ability of the Buffalo stations to attract increased revenues from Canadian advertisers as their Canadian audience increases. Rogers considered that distributing the Detroit stations avoided this problem. It argued that, since Detroit is a much larger market than Buffalo, Erie or Rochester, advertising rates are higher. As a result, purchasing advertising on Detroit stations is not a very economical choice for Canadian advertisers.
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14.
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Rogers acknowledged that the changes to the source of stations affiliated with the U.S. commercial networks had, in fact, occurred on 16 September 2003, as was submitted by Mr. Sajecki. Rogers indicated that the urgency of the changes was dictated by two factors. The first factor was MCI's decision to discontinue the microwave link that provided Rochester signals to Roger's Ottawa undertaking. The second factor was the necessity to make changes to channel alignments as a result of the launch of a new Toronto television station. Rogers considered that making the changes to the source stations of the signals of the U.S. commercial networks at the same time that it instituted the channel realignments served to reduce customer inconvenience.
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The Commission's analysis and determinations
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The Commission notes the concerns raised by the interveners regarding possible loss of programs that would be occasioned by the replacement of certain signals from Rochester, Erie and Buffalo with signals from Detroit. The Commission notes, however, that under Roger's proposal, there would be no change to the primary source of PBS signals for any of the cable undertakings. With respect to the sources for the programming of the U.S commercial networks, the Commission notes that the differences in programming are minimal in prime time for all the stations, and over the full day for the ABC, NBC, and CBS stations. The Commission further considers that the increase in technical quality will serve to offset the small differences in non-local programming that exist between the Rochester, Erie and Buffalo stations and the Detroit stations.
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16.
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The Commission further notes that, because of MCI's decision to discontinue the microwave system that brought Rochester signals to Ottawa, it was necessary to change the source of the signals of stations affiliated to the U.S. commercial networks if Ottawa residents were to receive signals of high technical quality. The Commission accepts Rogers' argument that it was reasonable to replace the Rochester stations with signals from Detroit rather than with signals from Buffalo in order to protect Canadian local broadcasters.
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17.
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In light of the above, the Commission approves the applications by Rogers for the above-noted cable distribution undertakings, and authorizes Rogers to change the sources of programming from the U.S. commercial networks, as well to make other changes to ensure that viewers receive high quality signals, as set out in the appendix to this decision.
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18.
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The Commission is concerned, however, that Rogers implemented the changes that were the subject of this application before the Commission had issued a decision. The licensee is required at all times to respect the Commission's processes and procedures, including the timely filing of applications, where prior Commission approval is necessary. It expects the licensee to do so in the future.
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Secretary General
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This decision is to be appended to each licence. It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2003-579
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Changes in signal distribution proposed by Rogers
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Ottawa
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The applicant proposed to:
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- distribute the signals of WWJ-TV (CBS), WDIV (NBC), WXYZ-TV (ABC) and WJBK-TV (FOX) Detroit, Michigan. These signals will replace WHEC-TV (NBC), WROC-TV (CBS), WOKR (ABC) Rochester, New York and WUTV (FOX) Buffalo, New York.
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- retain for substitution purposes, at its option, the signal of WUTV (FOX) Buffalo, New York for the corresponding Detroit signal. The undertaking will carry the Buffalo signal only when all of the following criteria are met:
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- the Detroit signal is of poor quality;
- the program carried on both the Buffalo and Detroit stations is the same (episode for episode); and
- the program distributed by the licensee is not subject to a program substitution request by a local or regional Canadian broadcaster.
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- substitute, at its option, either the signal of WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York for the signal of WPBS-TV (PBS) Watertown, New York, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WPBS-TV.
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London
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The applicants proposed to:
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- distribute the signals of WWJ-TV (CBS) and WJBK-TV (FOX) Detroit, Michigan. These signals will replace WSEE (CBS) Erie, Pennsylvania and WUTV (FOX) Buffalo, New York.
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- retain for substitution purposes, at their option, the signals of WGRZ-TV (NBC), WIVB-TV (CBS), WKBW-TV (ABC) and WUTV (FOX) Buffalo, New York for the corresponding Detroit signals. The undertakings will carry the Buffalo signals only when all of the following criteria are met:
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- the Detroit signal is of poor quality;
- the program carried on both the Buffalo and Detroit stations is the same (episode for episode); and
- the program distributed by the licensees is not subject to a program substitution request by a local or regional Canadian broadcaster.
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- substitute, at their option, either the signal of WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York for the signal of WQLN (PBS) Erie, Pennsylvania, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WQLN.
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St. Thomas
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The applicant proposed to:
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- distribute the signals of WWJ-TV (CBS) and WJBK-TV (FOX) Detroit Michigan. These signals will replace WSEE (CBS) Erie, Pennsylvania and WUTV (FOX) Buffalo, New York.
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- delete, from its system, the signal of WICU-TV (NBC) Erie, Pennsylvania.
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- substitute, at its option, either the signal of WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York for the signal of WQLN (PBS) Erie, Pennsylvania, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WQLN.
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Strathroy
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The applicant proposed to:
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- distribute the signals of WWJ-TV (CBS) and WJBK-TV (FOX) Detroit, Michigan. These signals will replace WSEE (CBS) Erie, Pennsylvania and WUTV (FOX) Buffalo, New York.
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- substitute, at its option, either the signal of WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York for the signal of WQLN (PBS) Erie, Pennsylvania, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WQLN.
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Tillsonburg
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The applicant proposed to:
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- distribute the signals of WWJ-TV (CBS), WXYZ-TV (ABC) and WJBK-TV (FOX) Detroit, Michigan. These signals will replace WSEE (CBS) and WJET-TV (ABC) Erie, Pennsylvania and WUTV (FOX) Buffalo, New York.
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- delete, from its system, the signals of WICU-TV (NBC) and WFXP (FOX) Erie, Pennsylvania.
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- substitute, at its option, either the signal of WTVS (PBS) Detroit, Michigan or WNED-TV (PBS) Buffalo, New York for the signal of WQLN (PBS) Erie, Pennsylvania, in the event of signal quality problems. The selection of WTVS or WNED-TV would be governed by the ability to match programming with WQLN.
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Date Modified: 2003-11-18
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