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Decision
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Ottawa, 12 September 1985
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Decision CRTC 85-760
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Rogers Cable TV Limited
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Kitchener, Stratford and area, Ontario - 850087800
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Pursuant to Public Notice CRTC 1985-25 dated 8 February 1985, the Commission renews the licence for the broadcasting receiving undertaking serving Kitchener, Stratford and area from 1 October 1985 to 30 September 1990, 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 authorized service area will be specified in the schedule which will be appended to the licence.
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The licence is subject to the condition that the licensee own and operate, as a minimum, the local head-end, the amplifiers and the subscriber service drops. It is also subject to the condition that the licensee not charge more than the authorized maximum monthly subscriber fee of $8.98, and maximum installation fee of $35.00.
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With regard to the carriage of the signal of CFMT-TV Toronto, the Commission draws the licensee's attention to the guidelines on the cable carriage of ethnic broadcasting television services set out in its statement: "A Broadcasting Policy Reflecting Canada's Linguistic and Cultural Diversity." (Public Notice CRTC 1985-139, dated 4 July 1985). As stated in that Notice, "the Commission considers that CFMT-TV should be given the same priority status as all other Canadian television stations." Since this cable system is located within the grade B contour of CFMT-TV, it is required to carry this signal on the basic priorities set out in section 6 of the Cable Television Regulations.
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In addition to the priority services, including CFMT as noted above, which the licensee is required to carry by regulation, its authority for the carriage of the signals of the following optional stations is hereby renewed: CKNX-TV Wingham, CFTO-TV Toronto, CKVR-TV Barrie, WGR-TV, WIVB-TV, WKBW-TV, WNED-TV and WUTV-TV Buffalo, New York; CJRT-FM and CHIN-FM Toronto, CHAY-FM Barrie, WHLD-FM Niagara Falls, New York, WBLK-FM Depew, New York, WNED-FM, WFXZ-FM and WDCX Buffalo.
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Authority for the continued carriage of the signals of the U.S. FM stations noted above will remain in effect only as long as the licensee adheres to the priorities outlined in the Commission's policy statements regarding the cable carriage of audio services (Public Notices CRTC 1984-124 and 1984-305). Furthermore it is a condition of licence that, upon receipt of notice in writing from the Commission, the licensee cease the distribution of any FM radio signal received from a broadcasting station not licensed by the CRTC that solicits advertising in Canada.
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The licensee is authorized to exhibit the discretionary specialty network services distributed by The Sports Network, the MuchMusic Network, The Arts and Entertainment Network, Cable News Network, CNN Headline News, Country Music Television, Financial News Network, The Learning Channel, The Nashville Network, Bisnet The American Business Network, Cable Satellite Public Affairs Network, Newscable, Dow Jones Cable News, Reuters News View, United Press International Custom Cable and Telelatino. Furthermore, the licensee is authorized to exhibit the discretionary pay television network service distributed by First Choice Canadian Communications Corporation. Authority for the distribution of the audio stereo signals of the MuchMusic Network, First Choice Canadian Communications Corporation, The Nashville Network, The Arts and Entertainment Network and Country Music Television will remain in effect only as long as the licenses adheres to the priorities outlined in the Commission's policy statements regarding the cable carriage of audio services (Public Notices CRTC 1984-124 and 1984-305).
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The licensee is authorized to continue to distribute pay television promotional material as a special programming service. Such authority will remain in effect only as long as the licensee adheres to the requirements set out in Decision CRTC 83-635 dated 1 August 1983.
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The licensee is also authorized to continue to distribute the CBC Parliamentary Television Network, Children's Programming, CFMT-TV Broadcast Repeats, Educational Programming, TVO Broadcast Repeats, Provincial Government Proceedings, MPP Reports, Business and Financial News, CITY-TV Broadcast Repeats, Television Programming Guide and Broadcast News/Environment Canada digital weather service on special programming channels. Such authority will remain in effect only as long as no advertising material, except that contained in the programs which are rebroadcast, is included in these special programming services.
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In accordance with Public Notice CRTC 1985-150 entitled "Cable Distribution of Non-Programming services", the Commission authorizes the continued distribution of a closed-circuit surveillance service, monitoring and opinion polling, controlling and switching, video games, teleshopping, shared computor information services and downloading of financial and news services on an experimental basis, during the new term of licence. Approval of the carriage of these non-programming services will remain in effect only as long as the licensee adheres to the following requirements:
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a) priority shall be given to the distribution of programming services over non-programming service. If spectrum space that is occupied by a non-programming service is required for the distribution of a programming service, then the non-programming service will be displaced;
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b) subscribers who wish to receive only off-air and locally originated programming services will not be obliged to take or pay for the non-programming service, either directly or indirectly, and,
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c) no advertising material shall be distributed on the channel used for this purpose.
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With regard to the distribution of the signals of CHCH-TV Hamilton and CFPL-TV London on restricted channels, the Commission is satisfied that the signals provided are of good quality and, therefore, considers that such distribution may be maintained. Accordingly, pursuant to paragraph 10(a) of the Cable Television Regulations, the Commission designates channels 11 and 10 for the distribution of the signals of CHCH-TV and CFPL-TV, respectively. Should the quality of the signals deteriorate significantly, the licensee will be expected to undertake immediate corrective action or to apply to the Commission to distribute the signals on other channels.
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It is a condition of licence that the licensee delete commercial messages from television signals received from broadcasting stations not licensed to serve Canada and substitute suitable replacement material in place of such messages upon receipt of notice in writing from the Commission.
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Fernand Bélisle Secretary General
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