ARCHIVED - Broadcasting Decision CRTC 2010-644

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Route reference: 2010-373

Ottawa, 31 August 2010

Videotron Ltd.
Granby, Quebec

Application 2009-1613-2, received 30 November 2009

Terrestrial broadcasting distribution undertaking – Licence renewal and amendments

The Commission renews the broadcasting licence for the Class 1 terrestrial broadcasting distribution undertaking (BDU) serving Granby, Quebec, from 1 September 2010 to 31 August 2017.

The Commission approves the various amendments to the terrestrial BDU’s broadcasting licence.

The Commission approves the proposed redefinition of the terrestrial BDU’s licensed service area.

The application

1.      The Commission received an application by Videotron Ltd. (Videotron) to renew the broadcasting licence for its Class 1 terrestrial broadcasting distribution undertaking (BDU) serving Granby, which expires 31 August 2010. The Commission did not receive any interventions in connection with this application.

2.      Videotron proposed to amend or delete certain conditions of licence, as set out in its application, and to add the following conditions:

3.      Videotron also requested a redefinition of the licensed service area of its terrestrial BDU, as set out in its application.

The Commission’s analysis and determinations

4.      After examining the application, the Commission considers it appropriate to address the issues set out below.   

Addition of a condition of licence relating to the distribution of a video games service

5.      The Commission has granted other BDUs a condition of licence authorizing the distribution of a video games service as a special programming service, and sees no reason to deny Videotron such authorization.

Addition of a condition of licence relating to the distribution of U.S. 4+1 signals as part of the basic service

6.      The Commission has granted other BDUs a condition of licence authorizing the distribution of U.S. 4+1 signals as part of the basic service. The authorization sought by the licensee is consistent with other authorizations granted by the Commission in comparable situations.

7.      In Broadcasting Public Notice 2008-100, the Commission announced that, with the coming into force of amendments to the Broadcasting Distribution Regulations, it would authorize BDUs to make available to their subscribers a second set of U.S. 4+1 signals only if a subscriber already receives at least one signal, originating from the same time zone as for the U.S. 4+1 signals, from each large Canadian multi-station broadcasting group.

Amendments to or deletion of certain conditions of licence and redefinition of the licensed service area

8.      The Commission considers that the amendments to or deletion of certain conditions of licence, as proposed by Videotron in its application, are appropriate and do not conflict with any regulation or policy currently in effect. The Commission also considers it appropriate to redefine the licensed service area of Videotron’s terrestrial BDU.

Implementation of the Commission’s determinations regarding accessibility of services

9.      In Broadcasting and Telecom Regulatory Policy 2009-430, the Commission set out its policy determinations regarding the accessibility of telecommunications and broadcasting services to persons with disabilities. Accordingly, pursuant to this regulatory policy, the Commission is imposing conditions of licence to that effect, as set out in the appendix to this decision.

10.  The Commission notes that it may impose further conditions of licence respecting accessibility issues beginning in the fifth year of the licence term, if deemed appropriate.

Conclusion

11.  In light of the foregoing, the Commission renews the broadcasting licence for the Class 1 terrestrial broadcasting distribution undertaking serving Granby, from 1 September 2010 to 31 August 2017. Further, the Commission approves the addition of new conditions of licence, the proposed amendments to certain conditions of licence and the deletion of certain other conditions of licence, as discussed above. The Commission also approves the redefinition of the licensed service area of Videotron’s terrestrial BDU. The licence will be subject to the terms and conditions of licence set out in the appendix to this decision.

Employment equity

12.  Because the licensee is subject to the Employment Equity Act and files reports concerning employment equity with the department of Human Resources and Skills Development Canada, its employment equity practices are not examined by the Commission.

Secretary General

Related documents

* This decision is to be appended to the licence.

 


Appendix to Broadcasting Decision 2010-644

Terms, conditions of licence, expectations and encouragement for the Class 1 terrestrial broadcasting distribution undertaking serving Granby

Terms

The operation of this terrestrial broadcasting distribution undertaking will be regulated pursuant to the Broadcasting Distribution Regulations and all related policies.

The licence will expire 31 August 2017.

Conditions of licence

1.        The licensee is relieved of the requirement of section 7 of the Broadcasting Distribution Regulations as it pertains to the passing through of video description on an analog basis, subject to its providing, upon request, a complimentary digital set-top box to its analog cable subscribers who are blind or who have a visual impairment to enable these subscribers to access video description on a digital basis.

2.        The licensee is relieved of the requirement of section 17 of the Broadcasting Distribution Regulations that it distribute CJNT-TV (IND) Montréal on the basic band, provided it is distributed as part of the basic service.

3.        The licensee is relieved of the requirement of section 25 of the Broadcasting Distribution Regulations to distribute the signals of CFCF-TV (CTV) Montréal, CFKS-TV (TQS) Sherbrooke, CBFT (SRC), CBMT (CBC) and CFTU-TV Montréal (Canal Savoir), and the community channel, on unrestricted channels. Should the quality of the signals deteriorate significantly, the licensee shall immediately undertake any necessary corrective action, including, where necessary, the distribution of the services on other channels.

4.        The licensee is authorized to distribute, on a digital discretionary basis, the distant Canadian signals CITY-TV (IND) Toronto, CKXT-TV (Sun TV) Toronto and CFMT-TV (OMNI.1) Toronto.

5.        The licensee is authorized to distribute the signal of the transitional digital television undertaking CIII-DT-41 (Global) Toronto, as part of its high definition (HD) digital service, until a Montréal digital television undertaking that provides Global programming in HD begins broadcasting. This authorization shall expire when such an undertaking begins broadcasting.

The Commission reminds the licensee that the simultaneous substitution requirements set out in section 30 of the Broadcasting Distribution Regulations and in paragraph 99 of The regulatory framework for the distribution of digital television signals, Broadcasting Public Notice CRTC 2003-61, 11 November 2003, apply to transitional digital television undertakings.

6.        The licensee is authorized to distribute, at its option, stations WCAX-TV (CBS) Burlington, WPTZ (NBC) Plattsburgh, WVNY (ABC) Plattsburgh, WFFF-TV (FOX) Burlington and WCFE-TV (PBS) Plattsburgh, as part of the basic service.

7.        The licensee is authorized to distribute WETK (PBS) Burlington, Vermont, a second PBS network signal received over the air, on a discretionary basis only.

8.        The licensee is authorized to distribute the following signals on a digital discretionary basis:

The distribution on a discretionary basis on the licensee’s digital service of a second set of U.S. 4+1 signals and distant Canadian signals is subject to the provision that, with respect to such signals, the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations (the Regulations). The Commission may suspend the application of this provision, with respect to the signals to be distributed, upon its approval of an executed agreement between the licensee and broadcasters. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 signals and distant Canadian signals solely on the licensee’s digital service.

The Commission reminds the licensee that the requirements set out in section 30 of the Regulations regarding simultaneous substitution apply also in the case of U.S. 4+1 signals and distant Canadian signals.

9.        The licensee is authorized to distribute, at its option, on a discretionary basis, a video games service as a special programming service, subject to the conditions listed in Licence amendments concerning the distribution of a video games service, Decision CRTC 95-591, 24 August 1995.

10.  The licensee shall provide audio description for all the key elements of information programs, including news programming (that is, the voice-over of textual, graphic design and still image elements, such as phone numbers, stock market information or weather maps, that are posted on the screen).

11.    The licensee shall provide one or more simple means of accessing described programming, whether in an open or embedded format, that require little or no visual acuity.

12.    The licensee shall ensure that its customer service representatives are trained to handle queries from persons with disabilities whether the calls concern disability-specific products and services or general queries (for example, billing).

13.    The licensee shall ensure that its interactive voice response system is sufficiently accessible to persons with disabilities so as to constitute a reasonable accommodation, taking into account the needs of individuals with different disabilities.

Expectations

The Commission expects the licensee to make information available in alternative formats to subscribers regarding, among other things, the programming and services offered and the channel line-up.

The Commission expects the licensee to promote disability-specific products and services.

The Commission expects the licensee to ensure that subscribers are able to identify programming with described video in the electronic program guide.

The Commission expects the licensee to make its website and call centre accessible.

Encouragement

The Commission encourages the licensee to ensure that its set-top boxes are accessible to subscribers with vision and fine motor skill disabilities.

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