ExpressVu files application to use satellite and fibre to serve big building market

Bell ExpressVu has applied for a licence amendment that would end its last roadblock to serving clusters of multiple unit dwellings, one of the broadcast distribution industry's most lucrative markets. In December, 1999, the CRTC asked for comments on ExpressVu's application to serve multiple unit dwellings (MUDs) under its current direct-to-home (DTH) satellite TV licence. The company wants to use a variety of technical configurations, including servicing single MUDs, connecting multiple buildings on the same property, and connecting buildings by crossing property lines, public streets and highways. But in March, the CRTC rejected the request, saying the existing DTH licence conditions would only allow Bell ExpressVu to serve multiple unit dwellings if it didn't cross property lines, streets or highways. It's an old rule that was initially established for licence-exempt master antenna television (MATV) services. But in the wake of increased competition between satellite and cable, it appears the commission is now willing to reconsider the rule. In PN 200041 (March 31/00), the commission invited ExpressVu to apply for a licence amendment to serve MUDs. The commission appears willing to grant the amendment so long as ExpressVu sells its services to each unit in an MUD and bills them individually. ExpressVu's revised application, gazetted June 7 (PN 2000-78), seeks approval to serve condominiums, apartment buildings and other MUDs, through the use of a variety of technologies, including terrestrial distribution techniques (land lines). Interested parties have until June 27 to file their interventions. In response to ExpressVu's application last year, the CRTC received 12 letters of support, one neutral and three opposed. Supporters of ExpressVu's plan included Futureway Communications Inc, as well as Star Choice Television Network parent, Canadian Satellite Communications Inc. Futureway's director of legal and regulatory affairs, Sharmila Pili, said in a January 10 submission to the CRTC that, as the Broadcasting Act "speaks to the importance of adaptability to scientific and technological change and efficient delivery of programming at reasonable cost, the Commission must take into account changes in technology in order to allow broadcasting distributors to use the most efficient means possible to serve customers." As expected, the initial application was opposed by the industry that stands the most to lose from ExpressVu's move into the MUD market. The Canadian Cable Television Association (CCTA), in a January 10 intervention to the CRTC, said Sec. 9(1)(b) of the Broadcasting Act requires the commission to classify BDUs into specific classes. In effect, it would be giving ExpressVu the ability to operate a small cable TV distribution system. "CCTA submits that it would not be equitable for ExpressVu to operate a cable television system under the authority of a DTH licence. DTH operators can provide distant signals and a second set of 4+1 signals. Terrestrial BDUs have not yet been permitted to do this- "In addition, cable operators are subject to priority carriage rules for the distribution of local, regional, extra-regional and educational television signals as well as for the distribution of local audio signals." the association wrote. "Cable operators are also subject to rules regarding simultaneous substitution for local and regional television signals. To permit some cable operators to operate without these obligations would be to erode the public policy goals that underlie the rules in the first place." The CCTA argued that by picking up and distributing local signals, ExpressVu is operating as a MATV service. "It appears that ExpressVu will install a MATV system and operate it while maintaining the fiction that the building owner is operating a MATV system. This is in direct contravention of the CRTC's MATV exemption order. It will create a myriad of complaints and enforcement problems for the commission," the CCTA said.

ExpressVu files application to use satellite and fibre to serve big building market

News | 06/22/2000 4:00 am EDT

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