ARCHIVED -  Decision CRTC 90-1116

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Decision

Ottawa, 20 November 1990
Decision CRTC 90-1116
Chamcook Communications Limited
Chamcook, Moncton, Chatham/Newcastle, Fredericton, Rogersville, Saint John, Sussex, Bathurst, Dalhousie and Shediac, New Brunswick; Liverpool, Antigonish, Amherst, Bridgewater, Dartmouth, Digby, Truro, Halifax, Kentville, Sydney, Windsor, New Glasgow, Kingston, Glace Bay, Bedford, Port Hawkesbury and Yarmouth, Nova Scotia; Charlottetown and Summerside, Prince Edward Island - 900796400 - 900764200 - 900776600 - 900790700 - 900778200 - 900763400 - 900770900 - 900774100 - 900775800 - 900777400 - 900784000 - 900780800 - 900779000 - 900781600 - 900767500 - 900782400 - 900772500 - 900765900 - 900769100 - 900786500 - 900787300 - 900771700 - 900768300 - 900783200 - 900766700 - 900785700 - 900788100 - 900773300 - 900789900
Pursant to Public Notice CRTC 1990-72 dated 25 July 1990, the Commission approves the application by Chamcook Communications Limited (Chamcook) to amend the licence to carry on its broadcasting receiving network operation at Chamcook, for the purpose of distributing U.S. television signals, via microwave, to affiliated cable television undertakings in the Atlantic region, by allowing for the use of a fibre optic system for the distribution of U.S. television signals WMED-TV (PBS) Calais, WLBZ-TV (NBC) Bangor and its rebroadcasting station W57AQ Calais, Maine, to be delivered by the applicant.
The Commission also approves Chamcook's proposal to change the network service by deleting the reception and distribution of WVII-TV (ABC) and WABI-TV (CBS) Bangor.
Further, the Commission approves Chamcook's application, on behalf of Fundy Cable Ltd./Ltée (Fundy), to change the authorized distribution of the broadcasting receiving undertaking serving Fredericton, by deleting WVII-TV (ABC) Bangor and WAGM-TV (CBS/NBC/ABC) Presque Isle, Maine and to amend the broadcasting licence by adding a condition of licence allowing Fundy to distribute, at its option, WXYZ-TV (ABC) and WJBK-TV (CBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service.
Finally, the Commission approves Chamcook's proposals on behalf of the licensees listed in the appendix to this decision, to change the authorized distribution of the broadcasting receiving undertakings also noted in that appendix, by adding and/or deleting the programming service of U.S. television signals, received via microwave, as part of the basic service; by deleting from the basic service the distribution of WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network; and by amending each licence by adding a condition of licence allowing the licensees to distribute, at their option, the programming service of U.S. television signals, received via satellite from the CANCOM network, as part of the basic service, as described in the appendix.
The applicant has indicated that the proposed amendments are needed because the provincial telephone companies (telcos) plan to phase out their microwave network by the end of 1993 and to replace it, in part, with a limited fibre-optic system which will only be able to accommodate the nine major communities ðithin Chamcook's network. These nine systems propose to take the NBC and PBS signals from the new fibre optic system and the ABC and CBS signals from CANCOM. Since it would be cost-prohibitive for them to tap into the new fibre-optics system at their own expense, the remaining 18 smaller member systems propose to receive all four U.S. signals from CANCOM. The Commission notes that these systems will be able to convert to the CANCOM signals without incurring any cost increases to themselves or to their subscribers.
Chamcook contends that the current proposals are the optimum solution which will accomplish improved technical quality, ensure long-term price stability and create an immediate benefit for subscribers, with no increase in signal rates until 1993. The applicant also claims that the CANCOM package will still be more economical for the smaller systems after 1993, compared to the high costs estimated for fibre-optics delivery.
In its deliberations with respect to these applications, the Commission has considered the opposing interventions which it received from Bangor Communications Inc. (Bangor Communications), licensee of WVII-TV (ABC) Bangor, Maine; Mr. Joe McGuire, M.P. for Egmont, Prince Edward Island; and Mr. John R. McKernan, Jr., Governor of the State of Maine, as well as from approximately 18 individual subscribers. Among other concerns, the intervenors opposed the replacement of the ABC signal from Maine (WVII-TV Bangor) with an ABC signal originating from Michigan (WXYZ-TV Detroit). Pointing to the community of interest that exists between Maine and the Canadian Atlantic provinces of New Brunswick, Nova Scotia and Prince Edward Island, the intervenors argued that WVII-TV's programming is of greater relevance to Maritime cable subscribers than programming originating in Detroit. Bangor Communications also questioned Chamcook's decision to delete WVII-TV while retaining the Maine NBC and PBS signals.
Chamcook responded that, in recognition of the long-standing community of interest between Maine and the Maritimes, it had chosen partial replacement of signals rather than total substitution with CANCOM Detroit signals. Furthermore, Chamcook maintained that, based on the general consensus of its affiliated member systems, it had elected to delete the Maine CBS and ABC commercial stations because the signal quality and reliability of the Maine NBC and PBS stations are better.
In response to Bangor Communications' request that Chamcook delay substitution of the signals until the expiry of its delivery contract with the telcos, the applicant pointed out that several cable systems, such as Glace Bay, Rogersville, Yarmouth and Windsor, have an immediate need to upgrade their back-haul facilities in order to improve the signal quality of the microwaved signals. Chamcook further argued that it would be too costly to install new facilities, particularly in view of the fact that they would become redundant when the systems convert to CANCOM signals. Moreover, Chamcook stated that it cannot risk extending use of its microwave system without inviting serious technical problems and added that, at the time of the most recent renewal, the telcos had been reluctant to extend their past contract beyond the 1991 expiry date.
The Commission also acknowledges the interventions submitted by the CTV Television Network Ltd., the Canadian Association of Broadcasters, as well as the Atlantic Television System and the Atlantic Satellite Network, which are both divisions of CHUM Limited. These intervenors expressed concerns regarding the expansion of CANCOM's role in importing distant U.S. signals by Canadian satellite and the consequent potential impact on Canadian broadcasters.
In the Commission's view, the concerns raised by these intervenors have already been considered and addressed in a number of previous decisions, including Decision CRTC 83-126 which authorized CANCOM to distribute the 3+1 U.S. signals, and Decisions CRTC 85-423 and 90-92 which renewed CANCOM's licence. Decisions CRTC 86-183 and 86-184 dated 6 March 1986, which authorized several Manitoba cable licensees to replace two U.S. network signals from North Dakota with the corresponding signals from CANCOM, also addressed some of these concerns.
The Commission has examined carefully all of the evidence submitted by the applicant and the intervenors and is satisfied that the proposals adequately meet the criteria set out in Public Notice CRTC 1985-60 and that, under the particular circumstances of these cases, approval of these applications represents the most cost efficient and technically reliable means of providing high quality U.S. signals to the Atlantic provinces concerned. Furthermore, the Commission notes that Chamcook will continue to offer two Maine signals to nearly 70% of the total Atlantic subscriber base.
The Commision will continue to examine such applications on a case-by-case basis, taking into account the size of the market as well as the range and quality of services available in each market.
The Commission acknowledges the interventions by New Brunswick Broadcasting Co. Limited, Canadian Satellite Communications Inc., Wayne Harrett and Robert W. Sanford in support of these applications.
Allan J. Darling
Secretary General
APPENDIX/ANNEXE
_________________________________________________
LICENSEE AND SERVICE PRESENT DISTRIBUTION/ | PROPOSED DISTRIBUTION/
AREA/ TITULAIRE ET DISTRIBUTION ACTUELLE | DISTRIBUTION PROJETÉE
ZONE DE DESSERTE _________________________|________________________
| | |
Bangor/Calais |Detroit| Calais| Detroit
Maine |Michi- | |
| gan | |
_________________|_______|_______|________________
ABC NBC CBS PBS|CBS PBS|NBC PBS|ABC CBS NBC PBS
__________________________________________________
| | |
NEW BRUNSWICK/(NOUVEAU-BRUNSWICK) | | |
| | |
Cable Service Ltd./Ltée | | |
Moncton X X X X | | X X | X X
| | |
Fundy Cable Ltd./Ltée | | |
Chatham/Newcastle X X | X X | | X X X X
| | |
Fundy Cable Ltd./Ltée | | |
Rogersville X X | X X | | X X X X
| | |
Fundy Cable Ltd./Ltée | | |
Saint John X X X X | | X X | X X
| | |
Kings County Cable Ltd. | | |
Sussex X X | X X | X X | X X
| | |
North East Cablevision Ltd. | | |
Bathurst X X | X X | | X X X X
| | |
| | |
N1 Cable TV Ltd. | | |
Dalhousie X X | X X | | X X X X
| | |
| | |
N1 Cable TV Ltd. | | |
Shediac X X | X X | | X X X X
| | |
| | |
NOVA SCOTIA/NOUVELLE-ÉCOSSE | | |
| | |
| | |
Able Cablevision Limited | | |
Liverpool X X | X X | | X X X X
| | |
| | |
Antigonish Cablevision Limited | | |
Antigonish X X | X X | | X X X X
| | |
APPENDIX/ANNEXE
__________________________________________________
LICENSEE AND SERVICE PRESENT DISTRIBUTION/ | PROPOSED DISTRIBUTION/
AREA/ TITULAIRE ET DISTRIBUTION ACTUELLE | DISTRIBUTION PROJETÉE
ZONE DE DESSERTE _________________________|________________________
| | |
Bangor/Calais |Detroit| Calais| Detroit
Maine |Michi- | |
| gan | |
_________________|_______|_______|________________
ABC NBC CBS PBS|CBS PBS|NBC PBS|ABC CBS NBC PBS
--------------------------------------------------
| | |
Central Cable Television Limited | | |
Amherst X X | X X | | X X X X
| | |
Central Cable Television Limited | | |
Bridgewater X X | X X | | X X X X
| | |
Dartmouth Cable TV Limited | | |
Dartmouth X X X | X | X X | X X
| | |
Dartmouth Cable TV Limited | | |
Digby X X | X X | | X X X X
| | |
Eastern Cablevision Limited | | |
Truro X X | X X | X X | X X
| | |
Halifax Cablevision Limited | | |
Halifax X X X X | | X X | X X
| | |
Kings Kable Limited | | |
Kentville X X X | X | | X X X X
| | |
K-Right Communications Limited | | |
Sydney X X | X X | | X X X X
| | |
K-Right Communications Limited | | |
Windsor X X | X X | | X X X X
| | |
Shaw Cablesystems (N.S.) Limited | | |
New Glasgow X X | X X | X X | X X
| | |
Mid-Valley Cablevision Limited | | |
Kingston X X X | X | | X X X X
| | |
Seaside Cable T.V. (1984) Limited | | |
Glace Bay X X | X X | | X X X X
| | |
Shaw Cablesystems (N.S.) Limited | | |
Bedford X X X | X | X X | X X
| | |
APPENDIX/ANNEXE
__________________________________________________
LICENSEE AND SERVICE PRESENT DISTRIBUTION/ | PROPOSED DISTRIBUTION/
AREA/ TITULAIRE ET DISTRIBUTION ACTUELLE | DISTRIBUTION PROJETÉE
ZONE DE DESSERTE _________________________|________________________
| | |
Bangor/Calais |Detroit| Calais| Detroit
Maine |Michi- | |
| gan | |
_________________|_______|_______|________________
ABC NBC CBS PBS|CBS PBS|NBC PBS|ABC CBS NBC PBS
__________________________________________________
| | |
Strait of Canso Cable T.V. | | |
Limited | | |
Port Hawkesbury X X | X X | | X X X X
| | |
Viking Cable T.V. Limited | | |
Yarmouth X X | X X | | X X X X
| | |
| | |
PRINCE EDWARD ISLAND/ILE-DU-PRINCE-ÉDOUARD | | |
| | |
Island Cablevision Ltd. | | |
Charlottetown X X | X X | X X | X X
| | |
K-Right Communications | | |
Limited | | |
Summerside X X | X X | | X X X X
| | |

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