The Canadian Association of Broadcasters, Stentor and the Specialty and Premium Television Association supported approval of the application, provided the Commission impose requirements on Shaw to alleviate their concerns regarding concentration of ownership and the potential for undue preference. ExpressVu Inc. stated that it would not oppose the application if the Commission imposed conditions of licence on Shaw requiring it to prove that any preference is not undue. In that complaint, Torstar claimed that Shaw is acting as a gatekeeper with respect to exempt programming services and is using rates to block access by arm's length third parties. Torstar suggested that the Commission resolve this complaint before approving Sportscope's application. Friends also claimed that cable MSOs realign channels to the benefit of specialty television services in which they have an ownership interest.
Friends consid re comme des frais de transmission.
In response to allegations that Shaw has granted undue preference to specialty television programming services in which it holds an ownership interest, the applicant stated that the decision to carry such services was justified by unique circumstances. With regard to the concerns expressed in Torstar's intervention, the applicant stated that negotiations with the intervener regarding carriage of its exempt programming services are ongoing in a separate context and should remain distinct from this proceeding. The Commission's Findings Les conclusions du Conseil 12. Until there is sufficient capacity on cable networks, and until transparent access rules are in place to prevent undue preference, affiliates of cable licensees should not generally be granted licences to operate, nor should they be permitted to acquire ownership or control of, programming undertakings other than over the air radio and television services. The Commission's Access Rules, first set out in Public Notice CRTC 1996-60 dated 26 April 1996, are now incorporated into the new regulations that came into effect in January 1998.