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ARCHIVED -  Decision CRTC 89-72

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Decision

Ottawa, 15 March 1989
Decision CRTC 89-72
Allarcom Pay Television Ltd.
Edmonton, Alberta - 883434300
In Public Notice CRTC 1988-207 dated 19 December 1988, the Commission announced an application by Allarcom Pay Television Ltd. (APT) to amend the existing condition of licence respecting the exhibition of Canadian programs during prime viewing hours, by redefining the hours in question from "6:00 p.m. to 11:00 p.m. (Mountain time)" to either "7:00 p.m. to 12:00 a.m. (Mountain time)" or "6.00 p.m. to 11:00 p.m. (Pacific time)". The existing condition of licence reads:
2. (a) During each semester from 1 November 1988 to 31 August 1992, the licensee shall devote to the distribution of Canadian programs not less than
(i) 25% of the time from 6:00 p.m. to 11:00 p.m. (Mountain time) and
(b) During each semester from 1 September 1992 to 31 August 1993, the licensee shall devote to the distribution of Canadian programs not less than
(i) 30% of the time from 6:00 p.m. to 11:00 p.m. (Mountain time)
In Decision CRTC 88-774 dated 27 October 1988, which renewed APT's pay television network licence, the Commission revised the definition of APT's prime viewing hours from 7:00 p.m. to 11:00 p.m. (Mountain time) to 6:00 p.m. to 11:00 p.m. (Mountain time), consistent with the hours stipulated in conditions of licence of other general interest pay television licensees (First Choice Canadian Communications Corporation and premier Choix:TVEC Inc.). The new definition, which extended ATP's prime viewing period by one hour, was intended to allow a greater degree of flexibility in the scheduling of Canadian programs at times appropriate to specific target audiences.
In assessing the current proposal, the Commission has considered the licensee's argument that its proposed changes would permit the scheduling of more adult-oriented programming during prime viewing hours, particularly in British Columbia. The Commission notes however, that APT provides service in three different time zones and that the proposed change would result in a prime viewing period between the hours of 8:00 p.m. and 1:00 a.m. in Manitoba and Saskatchewan, for the six months of the year where these provinces are not in the same time zone as Alberta. During this period, for viewers in Manitoba and Saskatchewan a significant portion of the Canadian content could be distributed after 11:00 p.m. when viewership is lower.
On balance and in light of the fact that APT has not demonstrated that the existing definition of 6:00 p.m. to 11:00 p.m. (Mountain time) has resulted in specific harm to its service, the Commission denies APT's request to revise the existing condition of licence respecting the exhibition of Canadian programs during prime viewing hours.
Fernand Bélisle Secretary General

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