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Decision
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Ottawa, 19 October 1984
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Decision CRTC 84-899
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Omineca Cablevision Ltd. Fort St. James, British Columbia - 840613400
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Fort St. James Television Society Fort St. James, British Columbia - 840727200 - 840612600
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Following a Public Hearing in Victoria on 18 June 1984, the Commission approves the application by Omineca Cablevision Ltd. (Omineca) for a licence to carry on a broadcasting receiving undertaking at Fort St. James to distribute a variety of programming services, including the 3+1 U.S. television signals received via satellite from the Canadian Satellite Communications Inc. (CANCOM) network.
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The Commission considers that it is in the best interests of the community that Omineca be licensed in such a way as to complement the Canadian CANCOM services authorized for broadcast at Fort St. James by the Fort St. James Television Society (Decision CRTC 82-24). The Commission encourages Omineca and the Society to work together closely with a view to providing a full range of authorized services to area residents.
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A competing application by the Fort St. James Television Society (the Society) for a licence to distribute the same 3+1 U.S. CANCOM services in scrambled form (Subscription Television) was also considered at the hearing. For the reasons outlined below, this application is denied.
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The Society
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The Society is an existing licensee of the Commission, authorized in Decision CRTC 82-24 to carry on a broadcasting transmitting undertaking at Fort St. James to broadcast four unscrambled Canadian television signals received via satellite from CANCOM, and an educational programming service. It was a condition of licence that the Society implement its authority within twelve months of the date of the decision, or such further period as the Commission may, upon receipt of a request for extension before the expiry of the said twelve months, deem appropriate under the circumstances.
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On 20 January 1984, in light of the Society's failure to comply with the above condition of licence, the Commission issued a call for applications to provide Fort St. James with CANCOM network services (Public Notice CRTC 1984-21).
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Subsequent to the call, the Commission was advised that the Society had partially implemented its authority. At the Victoria Public Hearing, the Society indicated that, while it was transmitting the CANCOM signals of CHCH-TV Hamilton and CITV-TV Edmonton and the educational programming service, it had not yet implemented its authority to broadcast the signals of CHAN-TV Vancouver and TCTV Montreal received from CANCOM. It also stated that it was distributing two unauthorized television signals received from U.S. satellite.
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The Commission views with grave concern the Society's failure to comply with the conditions of its licence, in particular, its transmission of unauthorized signals and its failure to implement fully its authority with respect to the distribution of the four Canadian television signals from CANCOM.
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The Commission's decision to deny the Society's application for the carriage of the 3+1 U.S. CANCOM signals is based on these considerations, as well as on the determination reached by the Commission that cable is the best vehicle for the local exhibition of the 3+1 U.S. CANCOM services (Decision CRTC 83-126). Moreover, based on the evidence given at the hearing, the Commission is not convinced that the Society has the financial resources necessary to fully implement and sustain the distribution of these services.
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In a separate application, the Society proposed to carry on a broadcasting transmitting undertaking consisting of four, 20 watt FM radio transmitters at Fort St. James on channels 246, 256, 266 and 276 respectively, to distribute, in unscrambled form, the signals of CKO-FM-2 Toronto, CFQM-FM Moncton, CFMI-FM Vancouver and CIRK-FM Edmonton, received from CANCOM. It also proposed to operate a low-power television transmitter to broadcast a community programming service.
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The application is approved in part. Taking into account the Society's financial resources and the fact that it has equipment sufficient to operate only two of the four FM transmitters, the Commission approves the distribution of two of the four proposed CANCOM FM signals. This will ensure that a greater portion of the area's population will have access to these alternate Canadian FM services than could be reached by cable. The Commission expects the Society to advise it regarding which of the radio signals it intends to distribute.
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The proposal to operate a television transmitter for the distribution of community programming is denied. Based on the Society's failure to comply with the conditions of its existing licence by its distribution of unauthorized services, the Commission is not prepared, at this time, to grant the Society authority to originate any programming at Fort St. James.
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The Commission will issue a licence to the Society for the operation of the two FM transmitters where it is in receipt of written notification from the Department of Communications (DOC), within three months of the date of this decision, that it will issue a Technical Construction and Operating Certificate. No licence will be issued if the Commission does not receive this notification within said period, or such further period as the Commission may, upon receipt of a request for extension before the expiry of the three months, deem appropriate under the circumstances.
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It is a condition of licence that the authority granted herein be implemented within three months of the date of receipt of written notification from the DOC that it will issue a Technical Construction and Operating Certificate or such further period as the Commission may, upon receipt of a request for extension before the expiry of the said three months, deem appropriate under the circumstances.
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The frequencies proposed by the Society are unprotected frequencies. Accordingly, the Society will have to select other frequencies for the operation of the FM transmitters should optimum utilization of the broadcasting spectrum so require.
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Omineca Cablevision Ltd.
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The Commission approves the application by Omineca Cablevision Ltd. for a licence to carry on a broadcasting receiving undertaking to serve Fort St. James by distributing the signals of the Canadian Satellite Communications Inc. (CANCOM) network and other broadcasting services. The Commission will issue a licence expiring 30 September 1988, subject to the conditions of licence specified in this decision and in the licence to be issued.
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The boundaries of the area to be served by Omineca will be specified in a schedule which will be appended to the licence.
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It is a condition of licence that the licensee own and operate, as a minimum, the local head-end, the amplifiers and the subscriber service drops.
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In addition to the priority services required to be carried by regulation, the Commission approves the carriage of the following optional services: WJBK-TV (CBS), WTVS (PBS) and WDIV (NBC) Detroit, Michigan, and KOMO-TV (ABC) Seattle, Washington, to be received via satellite from the CANCOM network.
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The licensee also proposed the distribution of the signals of CITV-TV Edmonton and CHCH-TV Hamilton, to be received via satellite from the CANCOM network. The signals of these two stations are currently received from CANCOM and are available over the air at Fort St. James from low-power television transmitters operated by the Fort St. James Television Society. Since these are priority stations in relation to Fort St. James, Omineca is required to distribute their signals on its cable system, in accordance with the Cable Television Regulations.
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Omineca is authorized to distribute the CBC Parliamentary Television Network, and educational programming originating with the Knowledge Network of the West Communications Authority. This approval is subject to the requirement that no advertising material be distributed on the channels used for the carriage of these special programming services.
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The Commission also invites Omineca to consider making other services available to its subscribers such as Canadian pay television and other discretionary network services.
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The Commission notes Omineca's proposal to operate a character generator to carry announcements of local events on the community channel. It also proposed to display locally-produced video tapes of community events and other items of interest to residents of Fort St. James. The Commission encourages the licensee in its efforts to promote interest in, and access to, the community channel for the development of local programming.
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Omineca proposed a maximum monthly subscriber fee of $20.00 and a maximum installation fee of $35.00. The Commission approves, as a condition of licence, the proposed maximum installation fee of $35.00 and a maximum monthly subscriber fee of $18.60. The difference between the authorized monthly fee and that proposed by the licensee takes into account the $1.40 which will not have to be paid to CANCOM for the reception of CITV-TV Edmonton and CHCH-TV Hamilton, which are available to the licensee over the air from the facilities of the Fort St. James Television Society.
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It is a condition of licence that the authority granted herein be implemented within twelve months of the date of this decision or such further period as the Commission may, upon receipt of a request for extension before the expiry of the said twelve months, deem appropriate under the circumstances.
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Fernand Bélisle Secretary General
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