ARCHIVED -  Decision CRTC 97-623

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Decision

Ottawa, 30 October 1997
Decision CRTC 97-623
Shaw Cablesystems Ltd.
- 199702262 - 199702254
Addition of WNEQ-TV
1. Following Public Notice CRTC 1997-77 dated 11 June 1997, the Commission approves the application for authority to distribute, pursuant to paragraph 10(1)(l) of the Cable Television Regulations, 1986, at the licensee's option, the programming service of WNEQ-TV (PBS) Buffalo, New York on a discretionary tier of the cable distribution undertakings serving the above-noted localities.
2. The Commission notes that this signal will be a duplicate PBS signal, as WNED (PBS) Buffalo, New York, is currently distributed as part of the basic service of these undertakings.
3. The Commission reminds the licensee that authority to distribute the signal of WNEQ-TV is subject to the provisions regarding "available channel capacity" set out in Public Notice CRTC 1996-60 entitled Access Rules for Broadcasting Distribution Undertakings. In accordance with these provisions, as modified in Public Notice CRTC 1996-120 entitled Introductory Statement - Licensing of New Specialty and Pay Television Undertakings, the channel to be occupied by this signal shall remain part of the licensee's available channel capacity and, as such, the licensee will be obliged to terminate the distribution of WNEQ-TV as of 1 September 1999, should its undertaking then have insufficient channel capacity to accommodate all licensed specialty programming services.
4. The Commission acknowledges the interventions received in support of this application. The Commission also notes that it received an opposing intervention to this application, and it is satisfied with the licensee's reply thereto.
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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