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Broadcasting Decision CRTC 2012-384

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Broadcasting Decision CRTC 2012-384 Broadcasting Decision CRTC 2012-384 PDF version Route reference: Part 1 application posted on 18 May 2012 Ottawa, 17 July 2012 Canadian Broadcasting Corporation Across Canada Application 2012-0509-7 Revocation of licences for the rebroadcasting stations CBIT Sydney and CBKST Saskatoon and licence amendment to remove analog transmitters for 23 English- and French-language television stations Effective 1 August 2012, the Commission revokes the broadcasting licences for CBIT Sydney and CBKST Saskatoon and their transmitters. The Commission also approves the request to amend the licences for 23 English- and French-language television stations operated by the Canadian Broadcasting Corporation in order that reference to all analog transmitters be deleted. These amendments are effective 1 August 2012. The CBC plans to cease operation of all these transmitters on 31 July 2012. The application 1. The Canadian Broadcasting Corporation (CBC) filed an application to revoke the broadcasting licences for its television programming undertakings CBIT Sydney, Nova Scotia1 and CBKST Saskatoon, Saskatchewan2 and their transmitters (listed in Appendix 1 as per the CBC’s submission on 4 April 2012). The CBC also requested that reference to all analog transmitters for its 23 English- and French-language television stations (listed in Appendix 2 as per its submission on 5 May 2012) be removed from its licences. The CBC plans to cease operation of all these transmitters on 31 July 2012. Interventions 2. The Commission received numerous interventions from individuals located across Canada that either opposed or commented on the CBC’s plans to cease transmitting its television signals in analog. 3. Some interveners considered that the CBC’s plans discriminated against rural and low-income Canadians and that the CBC, as the national public broadcaster, should serve all Canadians equitably irrespective of location or income. These interveners 1 CBIT Sydney currently rebroadcasts the programming of CBHT-DT Halifax. 2 CBKST Saskatoon currently rebroadcasts the programming of CBKT-DT Regina submitted that not every Canadian could afford to pay for cable, satellite or Internet service in order to receive the CBC television service and that it was not, in any case, reasonable to expect Canadians to pay for the reception of CBC when, as taxpaying citizens, they already contribute to the CBC’s funding. 4. Numerous interveners called upon the CBC to hold public consultations within their communities to discuss alternatives to its plans. Many interveners proposed alternative solutions to avert either the shutdown of the analog transmitters or the loss of the CBC’s television signal in affected communities, including official language minority communities (OLMCs). Several interveners also expressed the view that the CBC had not given such communities sufficient notice of its plans and were critical of its public outreach efforts. 5. In addition to the comments submitted by individual Canadians, the Commission received interventions from elected representatives and government officials, including the Commissioner of Official Languages, expressing their concerns regarding service to their constituents. In particular, the Commission notes the concerns expressed regarding the impact on services to OLMCs resulting from the CBC’s plans. Applicant’s reply 6. In its reply, the CBC outlined its financial and technological rationale for ceasing its analog television transmission, as well as its plans for informing the public about the coming changes. 7. Specifically, the CBC noted its financial situation, the relatively low number of households relying on over-the-air transmission for reception of its service and the availability of viable alternatives for receiving its television signal. The CBC further noted that it had an obligation under the Broadcasting Act (the Act) to manage its resources as efficiently and effectively as possible to further its mandate. It described the difficulties of acquiring equipment and parts that were obsolescent and increasingly unavailable. The CBC also indicated that shutting down the analog television network would save a minimum of $10 million a year in operating costs and would allow it to generate revenues through the sale of assets. 8. Given all of the preceding, the CBC argued that the public interest was better served by using the cost-savings associated with eliminating its obsolete analog network and any proceeds from the disposition of the associated land, equipment, towers and buildings to invest in programming services whose budgets were also threatened by the cuts to its funding. Commission’s analysis and decision 9. The Commission has considered the comments submitted in response to this proceeding and notes the concerns expressed by numerous parties regarding the availability of the CBC’s services. 10. The Commission also notes that licences, such as those held by the CBC, are authorizations to broadcast, not an obligation to do so. In other words, while the Commission has the discretion to refuse to revoke broadcasting licences, even on application from a licensee, it cannot direct the CBC or any other broadcaster to continue to operate its stations and transmitters. 11. The Commission notes the availability of alternatives, including a free basic service offering certain CBC television services that is provided by Shaw Direct TV as part the Local Television Satellite Solution (LTSS). Specifically, as part of the decision authorizing Shaw to purchase the television assets of Canwest Global,3 the Commission permitted Shaw to allocate some of its tangible benefits to the provision of free local or regional services and the necessary satellite receiving equipment and installation services for households that no longer have access to over-the-air stations as a result of the digital transition. The LTSS has been extended to 30 November 2012 with monies earmarked to implement a marketing campaign in local media in affected markets. 12. The Commission has also considered the impact of this change on OLMCs. Although numerous parties, such as the Fédération des communautés francophones et acadienne and the City of Windsor, accepted the CBC’s reasons for shutting down its analog transmitters, they noted that the shutdown will eliminate OLMC television service to those households that currently access such programming via the CBC’s over-the-air signals. Other interveners, such as the English Language Arts Network and the Commissioner of Official Languages, also expressed concern that in preparing for the shutdown, the CBC did not adequately communicate the shutdown’s impact to OLMCs, nor did the CBC adequately explore alternative solutions for maintaining service to OLMCs. 13. The Commission takes note of the above-mentioned concerns and will discuss the delivery of the CBC’s services to OLMCs at its upcoming licence renewal. 14. In light of all of the above and pursuant to sections 9(1)(e) and 24(2) of the Act, the Commission revokes, effective 1 August 2012, the CBC’s broadcasting licences for CBIT Sydney and CBKST Saskatoon and their transmitters listed in Appendix 1. The Commission also approves the requested amendments to the CBC’s licences for the stations listed in Appendix 2 in order that reference to all analog transmitters for the 23 English- and French-language television stations set out therein be deleted. These amendments are effective 1 August 2012. Secretary General *This decision and the appropriate appendix are to be attached to the licences for the stations listed in Appendix 2. 3 Change in the effective control of Canwest Global Communications Corp.’s licensed broadcasting subsidiaries, Broadcasting Decision CRTC 2010-782, 22 October 2010. Appendix 1 to Broadcasting Decision CRTC 2012-384 Licences to be revoked Station Rebroadcaster City Province CBIT-TV4 Sydney NS CBIT-17 Bay St. Lawrence NS CBIT-2 Cheticamp NS CBIT-16 Dingwall NS CBIT-15 Ingonish NS CBIT-19 Inverness NS CBIT-4 Mabou NS CBIT-5 Margaree NS CBIT-20 Middle River NS CBIT-6 Northeast Margaree NS CBIT-3 Pleasant Bay NS CBIT-18 Whycocomagh NS 4 CIBT-TV Sydney, Nova Scotia, operates as a retransmitter of CBHT Halifax. It does not originate any local programming. ii Station Rebroadcaster City Province CBKST5 Saskatoon SK CBKBT Beauval SK CBKDT Buffalo Narrows SK CBKST-11 Greenwater Lake SK CBKCT Ile-à-la-Crosse SK CBKDT-2 La Loche SK CBKST-2 La Ronge SK CBKST-3 Leoville SK CBCS-TV-1 Meadow Lake SK CBKST-5 Montreal Lake SK CBKST-15 Nipawin SK CBKST-10 North Battleford SK CBKDT-1 Palmbere Lake SK CBKPT Patuanak SK CBKST-6 Pinehouse Lake SK CBKST-9 Prince Albert SK CBKST-8 Southend SK CBKST-13 Spiritwood SK CBKST-4 Stanley Mission SK CBKST-1 Stranraer SK 5 CBKST Saskatoon operates as a retransmitter of CBKT Regina. It does not originate any local programming. Appendix 2 to Broadcasting Decision CRTC 2012-384 Licences that require amendment by deleting all rebroadcasting Transmitters CBC Television Station Rebroadcaster City Province CBNT-DT St. John's NL CBNAT-1 Baie Verte NL CBNAT-24 Baie Verte NL CBNT-27 Bay l'Argent NL CBNT-23 Belleoram NL CBYT-3 Bonne Bay NL CBNAT-18 Brent's Cove NL CBNAT-2 Buchans NL CBNAT-7 Carmanville NL CBNT-21 Cartwright NL CBNLT-1 Churchill Falls NL CBNT-10 Clarenville NL CBNAT-16 Coachman's Cove NL CBNAT-8 Conche NL CBYT Corner Brook NL CBYT-6 Cow Head NL CBYAT Deer Lake NL CBNT-7 Elliston NL CBNT-5 Fermeuse NL CBMRT Fermont QC CBNT-38 Ferryland NL CBNAT-20 Fleur de Lys NL CBNAT-6 Fogo Island NL CBNT-33 Fortune NL CBNAT-10 Fox Harbour NL ii Station Rebroadcaster City Province CBNT-14 Gambo/Middle Brook NL CBYT-12 Gillams NL CBNT-13 Glovertown NL CFLA-TV Goose Bay NL CBNAT Grand Falls NL CBNAT-23 Hampden NL CBNT-22 Harbour Breton NL CBYT-10 Harbour Le Cou NL CBNT-29 Harbour Mille NL CBNAT-19 Harbour Round NL CBYT-9 Hawkes Bay NL CBNT-24 Hermitage NL CBNT-18 Hickman's Harbour NL CBNHT Hopedale NL CBYT-2 Irishtown NL CBNAT-21 La Scie NL CBNLT Labrador City NL CBNT-35 Lamaline NL CBYT-13 Lark Harbour NL CBNT-36 Lawn NL CBNT-8 Little Hearts Ease NL CBNT-34 Lord's Cove NL CBNT-20 Lumsden NL CBNMT Makkovik NL CBNT-3 Marystown NL CBNAT-5 Millertown NL CBNAT-14 Ming's Bight NL CBNAT-9 Mount St.
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