ARCHIVED -  Decision CRTC 95-800

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Decision

Ottawa, 1 November 1995
Decision CRTC 95-800
Kootenay Cable Limited
Fernie, British Columbia - 950936500
Licence renewal
Following Public Notice CRTC 1995-106 dated 5 July 1995 and Decision CRTC 95-668 dated 30 August 1995, the Commission renews the Class 2 licence held by Kootenay Cable Limited, for the cable distribution undertaking serving Fernie, from 1 December 1995 to 31 August 2001.
The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting Act (the Act), will enable the Commission to consider the next licence renewal of this undertaking in accordance with the Commission's regional plan and to better distribute the workload within the Commission. The term is not reflective of any Commission concern regarding the licensee's performance.
The operation of this undertaking is regulated pursuant to Parts I and II of the Cable Television Regulations, 1986 (the regulations) and the licence will be subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.
The licensee is relieved, by condition of licence, of the requirement of paragraph 9(1)(f) of the regulations that it distribute a CBC French-language service on the basic band (channels 2 to 13), so long as it is distributed as part of the basic service. The Commission notes that the licensee proposes to continue to distribute this service on an unrestricted channel of the basic service.
The licensee is also authorized to distribute, at its option, KREM-TV (CBS), KXLY-TV (ABC) and KHQ-TV (NBC) Spokane, Washington, received via microwave, as part of the basic service, and KDRK-FM, KEZE-FM, and KMBI-FM Spokane, received via microwave, on audio channels of its undertaking.
The Department of Industry has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of one year only, expiring 31 August 1996. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to subsection 22(1) of the Act pertaining to the technical certification of broadcasting undertakings and to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect.
In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. In this regard, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
Allan J. Darling
Secretary General

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