ARCHIVED - Broadcasting Decision CRTC 2004-112

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Broadcasting Decision CRTC 2004-112

  Ottawa, 12 March 2004
  Cogeco Cable Canada Inc.
Fergus, Elora and Salem, Ontario
  Application 2003-1348-7
Broadcasting Public Notice CRTC 2004-5
22 January 2004
 

Application for relief from section 17 of the Broadcasting Distribution Regulations

  In this decision, the Commission approves the application by Cogeco Cable Canada Inc. to be relieved of the requirement to distribute CKCO-TV Kitchener as part of the basic service beginning with the basic band (channels 2 to 13). CKCO-TV must still be distributed as part of the basic service, but may be distributed outside of the basic band.

1.

The Commission received an application by Cogeco Cable Canada Inc. (Cogeco), licensee of the Class 2 cable broadcasting distribution undertaking (BDU) serving Fergus, Elora and Salem. Cogeco requested to be relieved, by condition of licence, of the requirement set out in section 17 of the Broadcasting Distribution Regulations (the Regulations) that it distribute CKCO-TV Kitchener as part of the basic service beginning with the basic band (channels 2 to 13). Instead, Cogeco proposed to distribute CKCO-TV as part of the basic service, but on a channel outside the basic band. Specifically, Cogeco proposed to distribute CKCO-TV on channel 40.

2.

Section 17(1) of the Regulations lists, in order of priority, the television programming services that must be distributed as part of the basic service of Class 1 and Class 2 BDUs. Section 17(2) of the Regulations states that these services must be distributed on a channel beginning with the basic band.

3.

CKCO-TV is an English-language television station operated by CTV Television Inc. (CTV). Under the provisions of the Regulations, CKCO-TV is entitled to carriage on a channel beginning with the basic band as part of the basic service of Cogeco's Class 2 cable BDU serving Fergus, Elora and Salem. CTV has, however, agreed to waive its right to carriage on a channel beginning with the basic band of this cable BDU and supports the distribution arrangement proposed by Cogeco.

4.

The Commission did not receive any interventions with respect to this application.

5.

Based on the evidence available to it, the Commission is satisfied that Cogeco and CTV have reached an acceptable agreement regarding the channel placement of CKCO-TV and that the signal will continue to be carried as part of the basic service of the cable BDU serving Fergus, Elora and Salem. Accordingly, the Commission approves the application by Cogeco Cable Canada Inc., and relieves the licensee, by condition of licence, of the requirements of section 17 of the Regulations with respect to CKCO-TV Kitchener, provided that it is distributed as part of the basic service.
  Secretary General
  This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca

Date Modified: 2004-03-12

Date modified: