ARCHIVED -  Decision CRTC 96-794

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Decision

Ottawa, 19 December 1996
Decision CRTC 96-794
The Partners of Rogers Cablesystems Niagara, a partnership (formerly Rogers Cablesystems Niagara Partnership)
St. Catharines, Niagara-on-the-Lake and Virgil, Ontario - 951087600
Licence renewal
Following Public Notice CRTC 1996-97 dated 10 July 1996 and Decision CRTC 96-522 dated 27 August 1996, the Commission renews the Class 1 licence held by the Partners of Rogers Cablesystems Niagara, a partnership, for the cable distribution undertaking serving the above-noted communities, from 1 January 1997 to 31 August 2002.
The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting 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, II and IV 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 Commission approves the licensee's request to be relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signals of CICA-TV Toronto and TFO, the English- and French-language educational television programming services operated by TVOntario, on unrestricted channels. Should the quality of these signals deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of these services on other channels.
In view of the foregoing, the Commission deletes the condition of licence relieving the licensee of the requirement of section 9 of the regulations to distribute TFO on the basic band.
Consistent with Decision CRTC 93-685 dated 22 November 1993 and pursuant to paragraph 10(1)(l) of the regulations, the licensee is authorized to continue to distribute, at its option, the programming services of WIVB-TV (CBS), WKBW-TV (ABC) and WGRZ-TV (NBC) Buffalo, New York, received over the air, as part of the basic service.
Consistent with Decision CRTC 95-438 dated 13 July 1995, the licensee is authorized, by condition of licence, to insert, at its option, certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the local availabilities may be made available for the promotion of discretionary
programming services and packages, customer service information, channel realignments, cable FM service and additional cable outlets.
The Commission reaffirms the particular importance it attaches to the development of community programming and has taken note of the annual budgets that will be allocated for this purpose during the new licence term. The Commission encourages the licensee to continue its efforts to develop programs that reflect community interests and concerns.
Based on the Commission's analysis of information submitted by the licensee, it appears that the licensee has made a positive commitment to Employment Equity through its active involvement in various initiatives that will ensure equitable employment in the organization and the Commission encourages the licensee to continue its efforts in this regard.
The Commission acknowledges the interventions submitted in support of this application.
This decision is to be appended to the licence.
Allan J. Darling
Secretary General

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