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Decision
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Ottawa, 18 April 1990
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Decision CRTC 90-373
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Fort St. James Television Society
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Fort St. James, British Columbia - 894111400 - 894112200
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Following a Public Hearing in Vancouver beginning on 19 February 1990, the Commission approves the application for a licence to carry on a broadcasting receiving undertaking (subscription television) to serve Fort St. James. This undertaking is authorized to distribute, in scrambled form, the programs of WJBK-TV (CBS), WDIV (NBC) Detroit, Michigan, received via satellite from the CANCOM network, and WGN (IND) Chicago, Illinois.
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Furthermore, the Commission approves the application for a licence to carry on a multi-channel broadcasting transmitting undertaking consisting of five low power VHF television channels and four low power FM radio channels to serve Fort St. James. This undertaking will distribute the programs of CHAN-TV Vancouver; the CBC English-language Northern Television Service; MuchMusic; The Sports Network (TSN); CBC Newsworld; CIRK-FM and CISN-FM Edmonton; CFMI-FM New Westminster and the CBC English-language radio service, received via satellite from the CANCOM network. The Commission will issue licences to the Fort St. James Television Society expiring 31 August 1994, subject to the conditions specified in this decision and in the licences to be issued.
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In view of the fact that this non- profit corporation will be supported in part by government loans or grants, the applicant is reminded that it should ensure that it retains full control over all management and programming decisions at all times.
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The Department of Communications (DOC) has notified the Commission that it will issue Broadcasting Certificates for the broadcasting receiving undertaking (subscription television) and that portion of the broadcasting transmitting undertaking consisting of five low power VHF television channels; however, the DOC has not yet notified the Commission of its intention to issue a Broadcasting Certificate with respect to that portion of the broadcasting transmitting undertaking consisting of four low power FM radio channels to serve Fort St. James.
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In accordance with paragraph 13(1)(b) of the Broadcasting Act, the Commission will issue a licence to the applicant in respect of the multi-channel broadcasting transmitting undertaking if it is in receipt of written notification from the DOC, within six months of the date of this decision that it will issue a Broadcasting Certificate. No licence will be issued for this undertaking if the Commission does not receive this notification within said period or, where the applicant applies to the Commission and satisfies the Commission that it is unable to obtain said notification before the expiry of this six-month period and that an extension of this period is in the public interest, within such further period of time as is approved in writing by the Commission.
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It is a condition of licence that the authority granted herein be implemented within twelve months of the date of receipt of written notification from the DOC that it will issue a Broadcasting Certificate in respect of the broadcasting transmitting undertaking or, where the applicant applies to the Commission and satisfies the Commission that it cannot implement its authority before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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As stated in Public Notice CRTC 1987-254 dated 26 November 1987, the Commission's policy is that subscription television undertakings should not be permitted to jeopardize the financial viability of neighbouring subscription-based systems. Accordingly, it is a condition of licence that the licensee shall not solicit or accept a subscription from, or make available equipment to decode its signals for use by, any person resident inside or outside of the area encompassed by the contours approved for the licensee by the Commission, when that person is resident
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a) within the authorized service area of any broadcasting receiving undertaking licensed now or in the future, or
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b) within the area encompassed by the contours approved by the Commission for any other subscription-based broadcasting undertaking licensed now or in the future, without the prior written consent of the applicant or licensee of the other undertaking or the prior approval of the Commission.
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Rosemary Chisholm
Acting Secretary General
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