ARCHIVED - Decision CRTC 96-402
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Ottawa, 13 August 1996
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Decision CRTC 96-402
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Fundy Cable Ltd./Ltée
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Allardville, Bathurst, Blue Mountain Settlement, Campbellton, Caraquet, Canterbury, Centre Napan, Centreville, Dalhousie, Durham Bridge, Florenceville, Hartland-Sommerville, Holtville, Jacquet River, Juniper, Kedgwick/St-Quentin, Lakeville, Ludford Subdivision, Ludlow, Miscou Centre, Nackawic, Perth-Andover, Plaster Rock, Salmon Beach, Shediac, Shippegan, St-Paul/Val-Richard, Temperance Vale, Tracadie/Neguac, and Woodstock, New Brunswick and Carleton, Quebec- 199603816 - 199603824 - 199603832 - 199603840 - 199603858 - 199603866 - 199603882 - 199603890 - 199603908 - 199603915 - 199603923 - 199603931 - 199603949 - 199603957 - 199603965 - 199603973 - 199603981 - 199604007 - 199603999 - 199604012 - 199604020 - 199604038 - 199604046 - 199604054 - 199604062 - 199604070 - 199604088 - 199604096 - 199604104 - 199604111 - 199603874
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Acquisition of assets
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Following a Public Hearing in the National Capital Region held on 5 June 1996, the Commission approves the applications for authority to acquire the assets of the cable distribution undertakings serving the communities noted above from Cable 2000 Inc., and for broadcasting licences to continue the operation of these undertakings.
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Upon surrender of the current licences, the Commission will issue licences to Fundy Cable Ltd./Ltée (Fundy). The licences for the undertakings serving Allardville, Bathurst, Blue Mountain Settlement, Campbellton, Caraquet, Centre Napan, Dalhousie, Durham Bridge, Florenceville, Hartland-Sommerville, Holtville, Jacquet River, Juniper, Lakeville, Ludford Subdivision, Ludlow, Miscou Centre, Salmon Beach, Shippegan, St.-Paul/Val-Richard, Temperance Vale and Tracadie/Neguac will expire on 31 August 1998. The licences for the undertakings serving Canterbury, Centreville, Kedgwick/St-Quentin, Nackawic, Perth-Andover, Plaster Rock, Shediac, and Woodstock, New Brunswick as well as Carleton, Quebec, will expire on 31 August 2001. The licences will be subject to the same conditions as those in effect under the current licences, as well as to any other condition specified in the appendix to this decision and in the licences to be issued.
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In approving these applications, the Commission has taken into consideration the fact that the proposed transactions are a part of a corporate reorganization where Cable 2000 Inc. has been dissolved and the assets distributed to Fundy. The Commission notes that the corporate reorganization occurred prior to obtaining Commission approval, and that the applicant was operating in non-compliance with the Broadcasting Act and the Cable Television Regulations, 1986 (the regulations). Consequently, the Commission reminds Fundy, the largest cable operator in the Atlantic Provinces, that any transactions where regulated assets or effective control of an undertaking are being transferred require prior approval, and it expects the applicant to comply in the future.
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The Commission reminds the purchaser of its longstanding policy that subscribers should not be required to pay higher fees merely because the ownership or control of a cable system has changed hands.
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With respect to the Carleton undertaking, the Commission approves, by condition of licence, the applicant's request to be relieved from the requirement of section 22 of the regulations to distribute CIVK-TV (SRTQ) Carleton, a local signal, and CBGAT-14 (CBC) Carleton, a regional signal, on the basic band (channels 2 to 13). The Commission notes that these signals will be distributed on channels 15 and 36, respectively.
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An intervention was received from TVOntario objecting to the applicant's proposal to distribute TFO, TVOntario's French-language educational television programming service, received via satellite, as part of the basic service of the undertaking serving Carleton. The Commission draws to the applicant's attention that, pursuant to the Regulations, and as set out in the revised list of Part III Eligible Canadian Satellite Services (Appendix to Public Notice CRTC 1996-111 dated 9 August 1996), authorization for the distribution of out-of-province educational services not receivable over the air is subject to the requirement that there be no objection on the part of the originating service.
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In light of TVOntario's objection, the Commission is not prepared to approve the distribution of this service. The Commission notes that, in response, the applicant indicated that it would not be distributing TFO.
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In view of the acquisition of assets approved herein, no further action is required on the application submitted by Cable 2000 Inc. (952271500) for the renewal of the licence for the cable distribution undertaking serving Carleton, which was placed on the agenda of the same Public Hearing.
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This decision is to be appended to each licence.
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Allan J. Darling
Secretary General |
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APPENDIX
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Authorizations and conditions of licence
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Bathurst and Campbellton
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC), WABI-TV (CBS), WLBZ-TV (NBC) Bangor and WMEM-TV (PBS) Presque Isle, Maine, received via microwave, as part of the basic service.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Dalhousie
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC), WABI-TV (CBS), WLBZ-TV (NBC) Bangor and WMEM-TV (PBS) Presque Isle, Maine, received via microwave, as part of the basic service.
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Consistent with Decision CRTC 95-330, the licensee is relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signals of CHCR-TV Campbellton, and the Cable Parliamentary Channel Inc. (CPAC) on unrestricted channels. Should the quality of the signals deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of the services on other channels.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Woodstock
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC) and WLBZ-TV (NBC) Bangor, Maine, received via microwave, as part of the basic service.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Shediac
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WXYZ-TV (ABC), WDIV (NBC), WTVS (PBS) Detroit, Michigan and WTOL-TV (CBS) Toledo, Ohio, received via satellite from CANCOM, as part of the basic service.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Allardville, Blue Mountain Settlement, Caraquet, Florenceville, Lakeville, Miscou Centre, Salmon Beach, Shippegan and Tracadie/Neguac
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC), WABI-TV (CBS), WLBZ-TV (NBC) Bangor and WMEM-TV (PBS) Presque Isle, Maine, received via microwave, as part of the basic service.
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Consistent with Decision CRTC 93-669, the licensee is relieved, by condition of licence, of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only those U.S. television services listed in the current applications or as may be authorized by the Commission.
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Consistent with Decision CRTC 93-669, the licensee is relieved, by condition of licence, of the requirement of section 25 of the regulations that it not alter or curtail any programming service or radiocommunication in the course of its distribution.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Centreville, Perth-Andover, Plaster Rock and Temperance Vale
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC), WABI-TV (CBS), WLBZ-TV (NBC) Bangor, and WMEM-TV (PBS) Presque Isle, Maine, received via microwave, as part of the basic service.
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Consistent with Decision CRTC 93-669, the licensee is relieved, by condition of licence, of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only those U.S. television services listed in the current applications or as may be authorized by the Commission.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Jacquet River
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC), WABI-TV (CBS), WLBZ-TV (NBC) Bangor and WMEM-TV (PBS) Presque Isle, Maine, received via microwave, as part of the basic service.
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Consistent with Decision CRTC 95-330, the licensee is relieved, by condition of licence, of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only those U.S. television services listed in the current application or as may be authorized by the Commission.
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Consistent with Decision CRTC 95-330, the licensee is relieved, by condition of licence, of the requirement of Section 25 of the regulations that it not alter or curtail any programming service or radiocommunication in the course of its distribution.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Canterbury, Centre Napan, Durham Bridge, Hartland-Sommerville, Holtville, Juniper, Ludford Subdivision, Ludlow and St. Paul/Val-Richard
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Kedgwick/St-Quentin
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Nackawic
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC), WABI-TV (CBS), WLBZ-TV (NBC) Bangor, and WMEM-TV (PBS) Presque Isle, Maine, received via microwave, as part of the basic service.
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The licensee is authorized, by condition of licence, to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Carleton
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute WVII-TV (ABC), WABI-TV (CBS), WLBZ-TV (NBC) Bangor, and WMEM-TV (PBS) Presque Isle, Maine, received via microwave, as part of the basic service.
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The licensee is relieved, by condition of licence, from the requirement of section 22 of the regulations to distribute CIVK-TV (SRTQ) Carleton, a local signal, and CBGAT-14 (CBC) Carleton, a regional signal, on the basic band (channels 2 to 13).
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Consistent with Decision CRTC 93-669, the licensee is relieved, by condition of licence, of the requirement of section 25 of the regulations that it not alter or curtail any programming service or radiocommunication in the course of its distribution.
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Consistent with Decision CRTC 93-669, the licensee is relieved, by condition of licence, of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only those U.S. television services listed in the current application or as may be authorized by the Commission.
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