Whereas the Canadian Radio-television and Telecommunications Commission rendered Decision CRTC 82-240 on March 18, 1982 issuing six broadcasting licences to carry out pay television services in Canada, as follows:

• (a) a national general interest service, to be provided by First Choice Canadian Communications Corporation, consisting of two distinct services, one in English and one in French, 24 hours a day, seven days a week;

• (b) a regional general interest service for Alberta, to be provided by Allarcom Limited, consisting of approximately 50 hours a week of English-language programming;

• (c) a regional general interest service for Ontario, to be provided by Ontario Independent Pay Television Ltd., consisting of approximately 50 hours a week of English-language programming;

• (d) a regional general interest service for the Atlantic region, to be provided by Star Channel Services Ltd., consisting of approximately 47 hours a week of predominantly English-language programming;

• (e) a national specialty (performing arts) service, to be provided by Lively Arts Market Builders Inc., consisting of approximately 42 hours a week of performing arts programming; and

• (f) a regional multilingual service for British Columbia, to be provided by World View Television Ltd., consisting of approximately 92 hours a week of programming predominantly in languages other than English and French;

Whereas the Commission, in the said Decision CRTC 82-240, stated that “it views the existence of a national general interest pay television service as essential to provide a strong national dimension for pay television in Canada. At the same time, it considers that regional general interest services are necessary to provide new opportunities for regional expression by stimulating creative talent and utilizing production facilities in communities across the country”;

Whereas the Governor General in Council, by Order in Council P.C. 1982-1508 of 14th May, 1982Footnote ^*, decided not to set aside nor to refer back to the Commission the issue of the said pay television licences;

• Return to footnote ^*Not published in Canada Gazette Part II

Whereas the Commission rendered Decison CRTC 82-1023 on November 23, 1982 and Decision CRTC 83-115 on February 21, 1983 issuing two additional broadcasting licences to carry out pay television services in Canada, as follows:

• (a) a regional general interest service for Quebec, Ontario and the Atlantic region, to be provided by Télévision de l’Est du Canada, consisting of approximately 132 hours a week of French-language programming; and

• (b) a regional general interest service for British Columbia and the Yukon Territory, to be provided by Aim Satellite Broadcasting Corporation, consisting of approximately 60 hours a week of English-language programming;

Whereas all pay television licensees have encountered difficulties in penetrating the pay television market or in implementing their licence, for instance,

• (a) the national specialty (performing arts) licensee ceased to operate its service on July 1, 1983;

• (b) both the national and regional general interest French-language services and the English-language regional general interest service for the Atlantic region have yet to attract a sizeable number of subscribers; and

• (c) the regional general interest licensee for British Columbia and the Yukon Territory sought an amendment of its licence to postpone the commencement date of its service from not later than September 1, 1983 to not later than March 1, 1984 due to financial and corporate difficulties;

Whereas the Commission rendered Decision CRTC 82-1039 on November 26, 1982 amending the broadcasting licences of Allarcom Limited and Ontario Independent Pay Television Ltd., by increasing their hours of operation from approximately 50 hours a week to 168 hours a week or 24 hours a day, seven days a week;

Whereas the Commission in the said Decision CRTC 82-1039 stated that, in accordance with the objectives of Decision CRTC 82-240, it expected regional general interest licensees to maximize the diversity and differentiation between their respective services as well as between each such service and that of the national general interest licensee;

Whereas the Commission rendered Decision CRTC 83-576 on July 27, 1983 amending the broadcasting licence of Allarcom Limited by extending its regional general interest service to Manitoba and Saskatchewan and to the Northwest Territories;

Whereas the Governor General in Council is of the opinion that it is material to the application for the amendment of the said broadcasting licence that the Commission consider whether the amendment may place the licensee in an enhanced position to that foreseen in Decision CRTC 82-240 to compete with the national general interest licensee without being subject to requirements comparable to those imposed by the Commission on the national general interest licensee in Decision CRTC 82-240 and, in particular, the requirement to provide a national French-language general interest service;

Whereas the Governor General in Council is of the further opinion that it is material to the application for the amendment of the said broadcasting licence that the Commission consider and identify whether and to what extent the amendment accords with the objectives of the Canadian pay television system as stated by the Commission in its Decision CRTC 82-240 and subsequent decisions relating to pay television and, in particular, as to the respective roles and obligations of a regional interest licensee and the national general interest licensee in light of the apparent evolution of the overall market structure of the Canadian pay television system;

And Whereas the Governor General in Council is of the opinion that the Commission did not consider or did not consider adequately these matters in rendering Decision CRTC 83-576.

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Communications, pursuant to section 23 of the Broadcasting Act, hereby refers Decision CRTC 83-576 of 27th July, 1983 amending the broadcasting licence of Allarcom Limited back to the Canadian Radio-television and Telecommunications Commission for reconsideration and hearing by the Commission.