OTTAWA – On Thursday the CRTC told Telus that it can avoid using an SRDU for its Telus TV service and granted the telco some flexibility when it comes to the U.S. 4+1 signals it chooses.
However, the Commission denied the company’s request distribute the same Part 2 Eligible satellite services and Canadian distant signals on the same basis as the incumbent in the market without the need for a further regulatory process. It also said no to Telus’ desire to add the same audio programming services as the incumbent, without the need for a further regulatory process.
Telus made the application this summer as an attempt, it said, to streamline its regulatory process. The Commission said Telus can receive directly through its own broadband facilities, at its option, any of the Canadian signals set out in the Lists of Eligible Satellite services that are otherwise required to be received from a licensed satellite relay distribution undertaking (SRDU).
As well, it can also replace, at its option, any of its authorized U.S. 4+1 signals with the signal of a different affiliate of the same network located in the same time zone as that of the licensed area and received from a licensed SRDU.
But when it comes to adding video and audio services without a CRTC application and therefore without program deletion requirements: “In the Commission’s view, the authorization sought by Telus would actually far exceed the authorizations currently granted to DTH BDUs. While DTH BDUs are authorized to distribute the signal of any Canadian television station on the basic service, they are also subject to extensive program deletion requirements found in sections 42 and 43 of the Regulations, or to meet alternative requirements.
“Similarly, Class 1 BDUs that have been authorized to distribute distant Canadian television stations, although only on a discretionary basis, rather than as part of the basic service, are also required to perform program deletion or meet alternative requirements. Unlike all other BDUs, approval of Telus’ first proposal would permit it to distribute any distant Canadian stations as part of its basic service without any program deletion or other alternative requirements. As such, the Commission is of the view that, rather than providing competitive parity, as is suggested by Telus, the proposed authorization would actually provide Telus with a significant competitive advantage over all other BDUs,” reads the decision.
