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Decision
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Ottawa, 27 September 1988
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Decision CRTC 88-676
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QCTV Ltd.
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Cardston, Alberta -873217400 -880237300 -880538400
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Following a Public Hearing in Calgary on 1 June 1988, the Commission renews the Class 2 licence for the broadcasting receiving undertaking serving Cardston held by QCTV Ltd. from 1 October 1988 to 31 August 1993. The operation of this undertaking is regulated pursuant to Parts I and II of the Cable Television Regulations, 1986 (the regulations) and the licence will be subject to the conditions specified in this decision and in the licence to be issued.
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The Commission approves the application to amend the licence by authorizing the licensee, by condition of licence, to distribute, at its option, as part of the basic service, the programming service of an NBC network affiliate, an ABC network affiliate, WJBK-TV (CBS) and WTVS (PBS) Detroit, Michigan, all received via satellite from the CANCOM network. The Commission also approves the deletion of the distribution of K72 AM (ABC/NBC) Toole, K48 AI (NBC/CBS) Joplin and KCFW-TV (NBC) Kalispell, Montana.
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This application to replace currently authorized U.S. services with signals received from CANCOM, and similar applications by QCTV Ltd. in respect of 22 of its other cable television undertakings in Alberta, were first announced in Public Notice CRTC 1988-38 dated 9 March 1988. The applications were later scheduled for consideration at the Calgary hearing in light of numerous complaints and interventions which were submitted by residents and elected officials of many of the communities concerned, and because of indications contained in these interventions that the licensee had implemented the proposed changes without authority.
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At the hearing, QCTV Ltd. acknowledged that it had indeed replaced authorized U.S. services with those received from CANCOM at Cardston and 22 other locations in Alberta without the Commission's prior approval and in contravention of the regulations. The licensee further acknowledged that it had failed in its responsibility to advise subscribers of its plans. Following the hearing, in a letter to the Commission dated 3 August 1988, QCTV Ltd. withdrew all of the amendment applications except the application for the Cardston system.
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In approving the Cardston application, the Commission has taken into account the particular circumstances surrounding this proposal, including the poor reception quality of the U.S. television signals which the licensee was hitherto authorized to distribute at this location. As noted by the licensee:
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The distant American signals are received over-the-air by antennas pointing across the border. Quality of over-the-air reception of signals is always susceptible to local weather and temperature variations and in this case where the signals are also marginal due to distances from the originating station, the satellite technology is far superior.
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In light of the foregoing, the Commission is satisfied that approval of the proposed changes, including the addition of PBS network programming, will improve and expand the service provided to subscribers. In reaching this decision, the Commission also takes note of the fact that no interventions were submitted by residents of Cardston opposing these changes.
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Nevertheless, the Commission is very concerned by this licensee's disregard for the regulations, as evidenced by its actions in implementing the changes without prior Commission approval. The Commission wishes to stress that its regulations governing the cable television industry, like those which govern the other components of the Canadian broadcasting system, have been put into place after a comprehensive public process in order to serve the public interest and maintain the system's integrity. In the Commission's view, the failure of any broadcaster to act responsibly and in accordance with the regulation, threatens these goals. It therefore expects QCTV Ltd. to adhere strictly to the regulations at all times.
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The Commission has considered the licensee's request to be relieved of the requirement of section 9 of the regulations to distribute the priority signal of the local television undertaking CBRT-12 Cardston. The licensee stated that the signal is unusable due to electrical interference. The Commission notes that the extra-regional signal of CBRT-6 Lethbridge provides the same programming as CBRT-12 and is a better quality signal. In light of the above, the Commission approves the licensee's request.
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Accordingly, it is a condition of licence that the licensee need not distribute the programming of CBRT-12 Cardston, or the programming of a CBC English-language service received via satellite or microwave relay, so long as it distributes the signal of CBRT-6 Lethbridge, and the signal is of adequate technical quality.
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With respect to the intervention received from Lethbridge Television Limited, licensee of CFAC-TV-7 Lethbridge, regarding the proposed distribution of its programming service on channel 2, an impaired channel, the Commission notes that QCTV Ltd. had revised its application before it was gazetted to show the distribution of CFAC-TV-7 on channel 12, which is an unrestricted channel on the Cardston system.
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The licensee has also applied for an exemption from the requirement of paragraph 9(1)(f) of the regulations to distribute, as part of the basic service the programming service of a French-language television station owned and operated by the Canadian Broadcasting Corporation and distributed to the licensee via satellite or microwave relay, in the absence of a local or regional station distributing such programming. Further in this regard, the licensee has requested a condition of licence allowing it to continue to distribute, as part of the basic service, the distant signal of CBXFT-3 Lethbridge, which provides French-language CBC television network programming.
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In assessing this request, the Commission has taken into account the fact that the Department of Communications does not consider the CBXFT-3 signal, as received at Cardston, to be of adequate technical quality.
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In light of this, the Commission is not convinced that subscribers would be well served by an exemption and, accordingly, denies the licensee's request to be relieved of the requirement of paragraph 9(1)(f) of the regulations. The licensee is therefore required to take immediate corrective measures in order to distribute the service and to confirm to the Commission, within three months of the date of this decision, that it has complied with the requirements of the regulations.
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Notwithstanding the above denial, the Commission authorizes the licensee, by condition of licence, and in line with the guidelines set out in Public Notice CRTC 1985-61, to continue to distribute, at its option, CBXFT-3, as part of the basic service.
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The Commission reminds the licensee that, pursuant to section 11 of the regulations, it is required to devote a greater number of the video channels of its Cardston undertaking to Canadian programming services than to the distribution of non-Canadian programming services.
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In Decision CRTC 86-789 dated 26 August 1986, the Commission approved the transfer of effective control of QCTV Ltd. to Vidéotron Ltée. As noted in that decision, one of the purchaser's commitments was as follows:
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Vidéotron... stated that service to the subscribers of its smaller systems would be improved further by its commitment to promote the establishment and fund the operation of a number of rural "television societies" as a means of "bringing community programming to these communities". According to the purchaser, the 24 smaller systems can be considered as falling into five different geographic regions, each of which will be served by its own television society.
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Pursuant to that decision, QCTV Ltd., filed a report advising that rural television societies had been formed at three locations (Drumheller, Stettler and Cardston) and that there were plans for the creation of similar societies at three other communities (Drayton Valley, Edson and Westlock). According to the licensee, however, these societies function on a purely local level rather than on the regional level originally contemplated.
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In its application, QCTV Ltd. indicated that it is distributing approximately 10 hours of first-run community programs per month on its Cardston undertaking and that the system is equipped with a character generator.
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In light of the particular importance which the Commission attaches to community programming and given the commitments made by the owners of QCTV Ltd. in 1986, the Commission expects the licensee to submit a report, within three months, providing further details of how community programming is now being provided at those rural locations where societies have not been established, and setting out its plans to expand and improve community programming at all of its rural locations.
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The Commission acknowledges the intervention submitted by Mr. Daniel J. Carter, M.L.A., in support of the Cardston licence renewal application.
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Fernand Bélisle
Secretary General
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