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Broadcasting Decision CRTC 2003-552
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Ottawa, 6 November 2003
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Videotron ltée
Trois-Rivières (Cap-de-la-Madeleine), Quebec
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Application 2002-0960-3
Public Hearing at Québec
8 April 2003
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Licence renewal for a cable distribution undertaking at Trois-Rivières (Cap-de-la-Madeleine)
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The Commission renews the licence for the cable distribution undertaking serving Trois-Rivières (Cap-de-la-Madeleine), from 1 December 2003 to 31 August 2010.
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1.
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The Commission received an application by Videotron ltée to renew the licence for the cable distribution undertaking serving Trois-Rivières (Cap-de-la-Madeleine).1
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2.
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The Commission received one intervention in support of this application, one in opposition and one comment.
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3.
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CTV Inc., on behalf of CTV Specialty Television Inc. (CTV), submitted an opposing intervention which was addressed to all the licence renewal applications by Vidéotron ltée and its subsidiary distribution companies that were on the agenda of the 8 April 2003 Public Hearing. CTV requested that the licences be renewed for a short term of no more than two years in light of ongoing disputes concerning the fees paid by Vidéotron ltée for the exhibition of the specialty services RDS, TSN and Discovery Channel operated by CTV.
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4.
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The Commission notes that the resolution of such ongoing disputes is the subject of a separate process that is not part of the current proceeding.
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5.
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The Commission also received an intervention from Télévision communautaire des Bois Francs inc., an independent local community television corporation whose programming is distributed on the community channel throughout the licensed area of Vidéotron's Victoriaville cable distribution undertaking. The intervener expressed concern regarding the allocation of resources between Vidéotron's Cap-de-la-Madeleine and Victoriaville undertakings, and asked the Commission to require Vidéotron to allocate all direct expenses incurred in the operation of its Victoriaville undertaking to that undertaking.
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6.
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The Commission notes that the licensee did not reply to this intervention. The Commission reiterates the particular importance it places on the development of community programming, and reminds the licensee of its responsibility to ensure that, in the case of each of its undertakings, the percentage of revenues devoted to community programming is maintained at no less than the level specified in section 29 of the Broadcasting Distribution Regulations (the Regulations).
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7.
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The Commission renews the broadcasting licence for the Class 1 cable distribution undertaking at Trois-Rivières (Cap-de-la-Madeleine), from 1 December 2003 to 31 August 2010.
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8.
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The operation of this undertaking is regulated pursuant to the Regulations and the licence will be subject to the conditions specified therein and in the appendix to this decision.
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9.
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The licensee is authorized to continue to distribute WVNY (ABC) and WCAX-TV (CBS) Burlington, Vermont, and WPTZ (NBC) and WCFE-TV (PBS) Plattsburgh, New York, as part of the basic service.
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10.
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Further, the licensee is authorized to continue to distribute CKMI-TV (Global) Québec and WFFF-TV (FOX) Burlington, Vermont, on a discretionary tier of its undertaking.
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11.
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The licensee is also authorized to distribute, on a discretionary digital basis, a second set of U.S. 4+1 signals, so long as it complies with the following :
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The distribution on a discretionary basis on the licensee's digital service of U.S. 4+1 signals, in addition to the set of such signals already carried by the system, is subject to the provision that, with respect to such signals, the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Regulations. The Commission may suspend the application of this provision in respect of a signal, upon its approval of an executed agreement between the licensee and the broadcaster concerned. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 solely on the licensee's digital service, as approved in this decision.
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The Commission reminds the licensee that the simultaneous substitution requirements, as set out in section 30 of the Regulations, also apply with respect to the U.S. 4 + 1 signals.
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12.
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Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.
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Secretary General
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2003-552
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Conditions of licence
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1. The licensee is authorized to distribute the distant signal CFTU-TV (IND) Montréal, received via telecommunications, as part of the basic service of its undertaking.
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2. The licensee is relieved of the requirement of section 7 of the Broadcasting Distribution Regulations that, except as provided by a condition of licence, it not alter or delete the programming services of Country Music Television and Viewers Choice 2, in the course of their distribution. This condition of licence will permit the licensee to alter or curtail these services for the purpose of sharing a channel, in accordance with the licensee's agreements with the operators of these programming services. The other provisions of section 7 shall continue to apply.
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3. The licensee may, at its option, insert 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 commercial 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.
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4. The licensee shall adhere to the provisions contained in Cable television community channel standards, Public Notice CRTC 1992-39, 1 June 1992, as amended from time to time and approved by the Commission.
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Footnote
In Administrative renewals, Broadcasting Decision CRTC 2003-293, 21 July 2003, the Commission renewed the broadcasting licence for this undertaking until 30 November 2003.
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Date Modified: 2003-11-06
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