ARCHIVED - Broadcasting Decision CRTC 2004-452

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Broadcasting Decision CRTC 2004-452

  Ottawa, 8 October 2004
  2953285 Canada Inc.
Across Canada
  Application 2004-0102-6
Broadcasting Public Notice CRTC 2004-42
21 June 2004
 

The Discovery Channel - Licence amendment

  In this decision, the Commission approves an application to make The Discovery Channel available in the high definition format.
 

The application

1.

The Commission received an application by 2953285 Canada Inc. (2953285), to amend the broadcasting licence for the national, specialty programming undertaking known as The Discovery Channel (Discovery), in order to allow Discovery to be available for distribution in the high definition (HD) format. The programming would be the same as that offered on the analog version of the service.
 

The interventions

2.

The Commission received three interventions in connection with this application. One intervention was submitted in support of the application, one intervention submitted by the Canadian Cable Television Association (CCTA) expressed general comments and one submitted by Dany Falle expressed opposition to the approval of the proposal.

3.

The comment submitted by the CCTA supported the application, but opposed any requirement on behalf of its members to carry high definition specialty services. The CCTA stated that "distributors should be allowed to choose to carry these services based on sufficient amounts of compelling high definition content." The intervener further stated that it is imperative that the Commission encourage broadcasters to produce and purchase HD programming that will meaningfully increase levels of true HD programming in Canada.

4.

Dany Falle expressed opposition to the application, stating that Discovery should be replaced by The Discovery Theatre HD, a U.S. based service, because the U.S. service provides significantly more programming in HD.
 

The applicant's reply

5.

In response to Dany Falle's opposing intervention, on behalf of the applicant, CTV Specialty Television Inc. (CTV) indicated its dedication to the advancement and development of HD programming, and noted that, in Call for comments on a proposed framework for the licensing and distribution of high definition pay and specialty services, Broadcasting Public Notice CRTC 2004-58, 6 August 2004 (Public Notice 2004-58) the Commission proposed a regulatory framework for the use of HD programming. CTV indicated further that it supports the Commission's approach, because it is vital to the development of a Canadian HD industry that Canadian HD programming be given the opportunity to develop, rather than permitting a foreign equivalent to take its place.
 

The Commission's analysis and determination

6.

With respect to the concerns related to carriage expressed by the CCTA, the Commission notes that carriage of the service will be arranged through negotiation. With regard to the views expressed by Dany Falle with respect to the lack of HD programming, the Commission agrees with the view set out in the applicant's reply, and reiterates that, in Public Notice 2004-58 the Commission proposed a regulatory framework that will foster both the licensing and the distribution of high definition programming in Canada.

7.

In The regulatory framework for the distribution of digital television signals, Broadcasting Public Notice CRTC 2003-61, 11 November 2003 (Public Notice 2003-61), the Commission stated that it would authorize the licensee of a Canadian pay or specialty service to make available an upgraded version of the service, by means of an amendment to the licence of the corresponding analog service. This authority would be in effect for a term of three years, pending the development of a licensing and distribution framework for Canadian pay and specialty services in HD format. This process was initiated in Public Notice 2004-58.

8.

Accordingly, the Commission approves the licensee's request. By condition of licence, 2953285 Canada Inc. is authorized to make available for distribution, until 8 October 2007, a version of Discovery in high definition format, provided that not less than 95% of the video and audio components of the upgraded and analog versions of the service are the same, exclusive of the commercial messages and of any part of the service carried on a subsidiary signal.
  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: www.crtc.gc.ca 

Date Modified: 2004-10-08

Date modified: