January 8, 1999

Canadian Radio-television and Telecommunications Commission  
Ottawa, Ontario  
K1A 0N2

Attention: Secretary General

re:

Public Notice CRTC 1998-127: Application (199807038) by Okanagan Skeena Group Ltd. to add Radio Television Portugal International (RTP) as part of the basic service

The Canadian Association of Broadcasters (CAB) is pleased to provide its comments with respect to the application by Okanagan Skeena Group to add the Portuguese-language television service, Radio Television Portugal (RTP), to cable companies in the British Columbia communities of Prince Rupert, Terrace, Kitimat, Hazelton, Smithers, and Houston. The CAB is the representative of the majority of Canadian programming services - including private television and radio stations, and networks, and specialty television services.

The CAB would like to focus its comments on the question raised by the Commission in the context of its public notice, namely whether or not it would be appropriate to make an exception to the moratorium on additions to the eligible satellite services lists.

The CAB believes that there must be no exceptions to the moratorium on additions to the lists of eligible satellite services, as announced in Public Notice 1998-33-2. This moratorium was established when the Commission delayed the public hearing to consider new specialty and pay applications, on the basis of a number of concerns raised following the last launch. Since then, consideration of new English-language applications has been postponed indefinitely. In addition, four licensed Canadian specialty services continue to seek carriage commitments in order to launch. Given these conditions, the CAB believes that the Commission's moratorium must remain intact.

Ultimately, the CAB believes that the moratorium will need to be further strengthened. As part of the Canadian Television Policy Hearing, the CAB Specialty Board called upon the Commission to extend its moratorium on additions to the Lists until after the next round of services are launched, rather than simply licensed. In addition, the CAB recommended that the moratorium be expanded to prevent the carriage of any more non-Canadian satellite services that may already be on the Lists but are not yet carried by BDUs. The CAB has also proposed that non-Canadian services be reserved for the launch of digital.

The CAB will be making further representations to the Commission on this matter in the context of the upcoming review of the licensing framework for specialty services.

With respect to Okanagan Skeena's request to add RTP, the CAB cannot support the application if it means the Commission would place RTP on the Eligible Satellite Services List, thereby violating the moratorium. However, it should be noted that the applicant is requesting authorization for the distribution of RTP by way of a condition of licence.

The CRTC has always permitted applicants to come forward and argue the merits of a proposal that is particular to the applicant's circumstances and to its market. However, the distribution of any new non-Canadian service during the moratorium could be interpreted by some as an open invitation by the Commission to all cable operators or other BDUs to seek authorization for the distribution of other non-Canadian services by way of condition of licence. This would result in an effective violation of the spirit and intent of the moratorium introduced in Public Notice CRTC 1997-33-2.

However, if the Commission determines that this application represents an exceptional circumstance, then the Commission should consider approving it, based on its merits. If the Commission authorizes the distribution of RTP, it should make it clear that such authorization does not constitute either a precedent or an invitation to BDUs to add new non-Canadian services in violation of the moratorium.

A copy of this intervention has been forwarded to the applicant.

Sincerely,

Michael McCabe  
President and CEO

cc: Tim D. MacLean, Vice President, Okanagan Skeena Group Fax: 250-638-6320