ARCHIVED - Decision CRTC 2000-90

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Decision CRTC 2000-90

Ottawa, 29 March 2000
Cogeco Cable Systems Inc.
Oakville/Burlington; Part of Hamilton and Stoney Creek; and Part of Hamilton, Ontario
– 200000050 – 200000513 – 200000521
Cableworks Communications Inc.
Part of Hamilton and Stoney Creek; Part of Hamilton/Dundas; Grimsby, Beamsville, Jordan and Vineland; and Fergus/Elora, Ontario – 200000539 – 200000555
– 200000563 – 200000472
Halton Cable Systems Inc.
Georgetown/Acton and surrounding area; and Rockwood, Ontario – 200000547 – 200000571
Applications processed by
Public Notice CRTC 2000-26
dated 17 February 2000
Approval of applications for conditions of licence authorizing deletion of the signal of CFPL-TV London on an analogue channel of the basic service; and substitution of the signal of CKVR-TV Barrie for that of a non-Canadian station when both are broadcasting identical programming

1.

Cogeco Cable Systems Inc. (Cogeco) and its two subsidiary companies named above are licensees of a number of cable distribution undertakings in the Hamilton area. CFPL-TV London and CKVR-TV Barrie are independent television stations both owned by CHUM Limited (CHUM). These are regional or extra-regional stations in relation to the cable distribution undertakings concerned; as such, under section 17(1) of the Broadcasting Distribution Regulations (the regulations), their signals must be distributed as part of the basic service, except as otherwise provided under a condition of licence. Apart from local newscasts, morning shows and other local programs, the schedules of the two television stations are essentially the same. The regulations nevertheless require the distribution of both signals. This is due to the fact that, although commonly owned and programmed by CHUM, both stations operate as independent stations (i.e. without network affiliation).

2.

Cogeco’s applications to delete the carriage of CFPL-TV on an analogue channel of the basic service incorporate, in each instance, a proposal to continue to distribute the signal, but in a digital format. The Commission notes in this regard Cogeco’s arguments that approval of its applications would free up very scarce analogue channel capacity and support the deployment and penetration of a new digital service tier.

3.

Cogeco also stated that its applications concerning the CFPL-TV and CKVR-TV signals have the full support of CHUM, and submitted that their approval would not cause material inconvenience to any other interested party. In fact, the Commission has received no interventions opposing these applications.
Commission’s determination

4.

In light of all the foregoing, the Commission approves the applications by Cogeco and its subsidiary companies for the addition of the two conditions of licence set out below.

5.

As requested by the applicants in the case of each of the distribution undertakings identified above, it is a condition of licence that the licensee may cease the distribution of CFPL-TV London on an analogue channel of the basic service, provided that the licensee continues to distribute that signal in a digital format.

6.

As also requested in each case, as an exception to the requirements of section 7 of the regulations, it is a further condition of licence that the licensee may substitute the signal of CKVR-TV Barrie for that of a non-Canadian station when both are broadcasting identical programming.
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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