ARCHIVED - Public Notice CRTC 1998-115
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Ottawa, 29 October 1998
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Public Notice CRTC 1998-115
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Call for comments on a proposed Order respecting the distribution of the French-language television service of TVA Group Inc.
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1. In Decision CRTC 98-488 released today, the Commission approves the national distribution of the French-language television service of the TVA Group Inc. (TVA). The Commission has decided that distribution of TVA's service will be required for Class 1 and Class 2 distribution undertakings (including multipoint distribution system radiocommunication distribution undertakings) as well as for direct-to-home (DTH) distribution undertakings. Class 3 distribution undertakings are strongly encouraged to distribute TVA's service.
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2. The Commission also concluded that, on a preliminary basis, the most appropriate way to implement this decision would be to issue an order pursuant to section 9(1)(h) of the Broadcasting Act. Since this option was not discussed when the TVA's application was examined at the 20 July 1998 Public Hearing, the Commission hereby issues a call for comments regarding the proposed order appended to this notice.
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3. The Commission invites interested parties to submit comments regarding the terms and conditions of the proposed order. Interested parties may forward submissions to the Secretary General, CRTC, Ottawa, K1A 0N2. The Commission must receive the submissions by 30 November 1998. Although the Commission will not acknowledge the submissions, it will consider and include them in the public record of this proceeding.
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4. When this consultation is completed, the Commission intends to release its final decision without delay to allow Decision CRTC 98-488 to be implemented in the most appropriate manner.
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Secretary General
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This document is available in alternative format upon request, and may also be viewed at the following Internet site:www.crtc.gc.ca
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Appendix to Public Notice CRTC 1998-115
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Proposed order respecting the distribution of the programming service of TVA Group Inc. (TVA) by persons licensed to carry on certain types of broadcasting distribution undertakings
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Section I
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The Commission hereby orders, pursuant to section 9(1)(h) of the Broadcasting Act, persons licensed to carry on broadcasting distribution undertakings of the types identified in paragraph a. below to distribute TVA's programming service (CFTM-TV Montréal) as part of the basic service, effective 1 April 1999, on the following terms and conditions :
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a. Section I of this order applies to Class 1 and Class 2 licensees and DTH distribution undertaking licensees not otherwise required to distribute TVA's programming service pursuant to the Broadcasting Distribution Regulations. These licensees are collectively referred to in this order as Distribution Licensees.
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b. Distribution Licensees offering more than one basic service shall distribute TVA's programming service on each basic service.
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c. Class 1 and Class 2 licensees shall not distribute TVA's programming service on a restricted channel unless TVA consents in writing to its distribution on such a channel.
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d. Distribution Licensees shall not increase the fees to be paid by their subscribers to recover, either directly or indirectly, the costs incurred by such licensees with respect to the distribution of TVA's programming service pursuant to this order.
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e. Distribution Licensees who remove a service in order to comply with this order may only remove a service carried on an available channel.
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f. Notwithstanding the foregoing, distribution licensees shall not be required to distribute TVA's programming service unless TVA pays for the satellite uplink and transponder costs with respect to the transmission of its programming service.
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Section II
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Pursuant to section 9(1)(h) of the Broadcasting Act, the Commission hereby orders Class 3 licensees who distribute TVA's programming service in response to the Commission's encouragement expressed in Decision CRTC 98-488, but who are not otherwise required to distribute this service pursuant to the Broadcasting Distribution Regulations, also to distribute the programming service of at least one licensed, French-language television station of the Canadian Broadcasting Corporation.
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Section III
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For the purposes of this order, available channel, basic service, Class 1 licensee, Class 2 licensee, Class 3 licensee, DTH distribution undertaking, licensed, programming service and restricted channel carry the meanings as defined in the Broadcasting Distribution Regulations, as amended from time to time.
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