ARCHIVED -  Decision CRTC 88-141

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Decision

Ottawa, 10 March 1988
Decision CRTC 88-141
Rogers Cable T.V. Limited ("Rogers")
Pursuant to Public Notice CRTC 1988-2 dated 7 January 1988, the Commission approves Rogers' application requesting authority, by condition of licence, to alter the signals of local stations CBRT, CFCN-TV and CFAC-TV Calgary carried on the cable system serving the Calgary portion of its licensed area, to permit substitution of certain commercials. The commercial substitution activities will be part of a research project initiated by the local televison broadcasters and A.C. Nielson for the purpose of conducting market research on advertising effectiveness.
Although Rogers had requested that this condition of licence be in effect for a minimum of two years, this authority will be effective only for the remainder of the current licence term expiring on 30 September 1988. At the time of licence renewal, the licensee will have the opportunity to advise the Commission as to the development of this project and whether it proposes to continue the project and, if so, for what period of time.
The licensee has indicated that Cablecasting Limited, the licensee of the other cable system serving part of Calgary, will carry intact the signal of one of the local stations and Rogers will distribute the same programs but will substitute an alternate commercial from the same advertiser or a public service announcement into the signal being distributed in its own licensed area in Calgary. The commercial substitution will be at the request of a specific local broadcaster whose advertising client wishes to conduct research on the marketing impact of two different commercials.
In considering this application, the Commission has taken into account an intervention received from the CBC, licensee of CBRT, which supports the application and requests that the Commission clarify the responsibilities of the participating broadcasters with regard to logging of the commercial content that will be affected by this proposal. It is the CBC's view that it is responsible for logging material that is "actually broadcast and delivered intact to television receivers" and that since its signal will be altered only when it reaches the cable system's facilities, responsibility for maintaining an appropriate descriptive log for regulatory purposes for any substituted commercial, should rest with the cable television licensee. The Commission notes that in its reply, Rogers stated its willingness to "keep any necessary logs on commercials substituted". Accordingly, the Commission expects Rogers and the local broadcasters to reach a mutually satisfactory agreement regarding the logging of substituted commercials so that regulatory obligations will be respected.
Fernand Bélisle
Secretary General

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