ARCHIVED - Decision CRTC 2000-130

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  Decision CRTC 2000-130
  Ottawa, 28 April 2000
  La Coopérative de Câblodistribution de Saint-Fidèle
Saint-Fidèle, Quebec – 199912118

  Application processed by
Public Notice CRTC 2000-8
dated 14 January 2000

  Summary

  The licensee is relieved, by condition of licence, from the requirement to delete the duplicate programming from CFTM-TV (TVA) Montréal or to substitute the local service of CIMT-TV (TVA) Rivière-du-Loup when the programming is identical.

  Background

1.

The Commission's Revised lists of eligible satellite services state that, in the case of CFTM-TV (TVA), a licensee also distributing the signal of a local TVA affiliate must delete the duplicate programming from the service received from a licensed SRDU or substitute the local service when the programming is identical.

2.

In Decision CRTC 94-881 dated 21 November 1994, the Commission relieved the licensee of the above-mentioned requirement because of the poor reception quality of CIMT-TV's (TVA) signal. The Commission extended this exemption several times. On 16 July 1997, the Commission authorized Télé Inter-Rives ltée, licensee of CIMT-TV, to increase the power of its signal. The Department of Industry subsequently confirmed that the signal was of good quality at Saint-Fidèle. Consequently, the Commission denied, on 9 December 1998, La Coopérative de Câblodistribution de Saint-Fidèle’s (the Coopérative) application to renew the exemption.
  The present application

3.

The licensee submitted this application in order to be relieved again from the requirement to delete the duplicate programming from CFTM-TV (TVA) Montréal or to substitute therefor the local service of CIMT-TV (TVA) Rivière-du-Loup, when the programming is identical. It cited the numerous complaints received from subscribers regarding the poor reception quality of CIMT-TV's signal at Saint-Fidèle, as the reason for its application.

  Intervention

4.

Télé Inter-Rives filed an intervention opposing the Coopérative’s application. The intervener argued that the quality of the CIMT-TV signal is excellent. It stated that, in addition to increasing the station’s transmitter power, it had supplied and installed a good-quality receiving antenna at the cable undertaking’s premises to replace the cable distributor’s own antennas. Télé Inter-Rives also stated that it had an arrangement with the cable distributor whereby the Coopérative would record any programs during which the signal quality was unsatisfactory and forward these tapes to CIMT-TV. The intervener alleged that the licensee had not followed through on this arrangement. The intervener also called into question the method used by the Department of Industry to assess the quality of CIMT-TV’s signal. Finally, Télé Inter-Rives suggested that the licensee could set up an antenna at some other location in the village so that it could receive CIMT-TV’s signal and then route it via cable to the cable undertaking’s head end.

5.

In reply to the intervener, the licensee stated that the antenna supplied by the intervener had not improved the picture quality, and that it had been obliged to reconnect to its own antenna. It further indicated that it had sent all of the video cassettes to CIMT-TV, and that these indicated to what degree the signal had degraded. The licensee also submitted that the signal quality was checked in the presence of both a Department of Industry representative and a technician from CIMT-TV. Finally, the licensee argued that the cost of relocating its antenna would be prohibitive, and still would not guarantee an improvement in signal reception.
  The Commission's decision

6.

The Commission approves the Coopérative’s application and relieves it, by condition of licence, from the requirement to delete the duplicate programming from CFTM-TV Montréal or to substitute therefor the local service of CIMT-TV Rivière-du-Loup, when the programming is identical.

7.

In arriving at its decision, the Commission examined all of the arguments presented. It also considered the comments provided in the Department of Industry's technical evaluation. These comments confirm that it is not possible for the Coopérative to receive CIMT-TV’s signal without echo, and that it would be very costly for it to find a site where an acceptable signal could be received.
  Secretary General
 
This decision is to be appended to the licence.  It is available in alternative format upon request, and may also be viewed at the following Internet site:
www.crtc.gc.ca
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