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Decision
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Ottawa, 21 January 1988
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Decision CRTC 88-46
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Shaw Cablesystems (B.C.) Ltd.
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Castlegar, Robson and Blueberry Creek, British Columbia - 872474200 - 872475900 - 872476700
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Pursuant to Public Notice CRTC 1987-234 dated 28 October 1987, the Commission approves the applications by Shaw Cablesystems (B.C.) Ltd. (Shaw) to extend the licensed area for the broadcasting receiving undertaking serving Castlegar, Robson and Blueberry Creek by including the authorized service area of its broadcasting receiving undertaking serving Trail, Rossland, Montrose and Fruitvale, British Columbia.
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This extension will only be effective at such time as Shaw surrenders its current licence to serve Trail, Rossland, Montrose and Fruitvale.
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The Commission also approves the application to change the licensed area for the cable undertaking serving Castlegar, Robson and Blueberry Creek by adding the two communities known as Ootischenia and Pass Creek, British Columbia.
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These approvals are conditional upon the extended areas being served 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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As a result of these changes to the licensee's service area, the total number of subscribers will increase. Accordingly, the Commission notes that this cable system will now be regulated as a Class 1 licensee, pursuant to Parts I and II of the Cable Television Regulations, 1986 (the regulations).
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In this regard, the Commission reminds Shaw that as a Class 1 licensee, it will be required to effect simultaneous program substitution upon request from a licensee operating a local or regional television station, in accordance with the provisions of section 20 of the regulations.
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Further, the Commission approves the deletion of an existing local head end located at the bottom of Robson Ridge and the addition of local head ends located at Castlegar and Trail and a distant head end on Granite Mountain, British Columbia. This will result in the extended service area having two head ends that will receive local signals, each of which will receive the same number of programming services.
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For this reason, the Commission approves the licensee's request to amend its licence by adding a condition of licence, pursuant to section 9 of the regulations, that the licensee need not distribute CBUAT-2 and CKNT-TV-1 Castlegar on the Trail sector and CBUAT and CKNT-TV Trail on the Castlegar sector of the authorized service area.
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The Commission also approves the licensee's request for a further licence amendment. Pursuant to section 12 of the regulations, it is a condition of licence that the licensee need not distribute the CBC French-language and the CBC Parliamentary Television Network services on unrestricted channels. The licensee will continue to distribute these programming services on impaired channels, as part of the basic service.
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With respect to the quality of these signals, the Commission acknowledges the interventions received from Blaise Szekely on behalf of the Association des Francophones des Kooténays de l'Ouest, and from Denise Evans and Jill Jenner in this regard. The Commission notes that the application will not change Shaw's current distribution and it has also considered the licensee's assurance that technical impairment would continue to be minimal.
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The Commission notes that all of the areas served under this licence are adjoining and it is satisfied that the changes approved herein will result in an improvement in the reception quality of U.S. signals, will permit the simultaneous distribution of live community programming to the various communities in the service area, and will provide for certain efficiencies and reductions in expenses and the elimination of the duplication of equipment and head end facilities.
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With regard to the community channel, the Commission has received two interventions in support of this service, as well as the comments of the Honourable R.H. Brisco, Member of Parliament for Kootenay West, who expressed concern that the licensee's application may have lacked an adequate description of the community channel serving the Castlegar and Trail sectors. In response to this intervention, Shaw submitted a list of organizations and events the community channel has helped to publicize in 1986/87.
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The Commission acknowledges interventions received from the Community Economic Action Committee in Trail, from Maureen Mitchell of Fruitvale, and petitions with a total of 157 signatures supporting the application to extend service.
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Further, Shaw also applied for a licence amendment pursuant to section 16 of the regulations. The Commission notes that the licensee had proposed to be relieved of the requirement that it devote a greater number of audio channels to the distribution of Canadian programming services than to the distribution of non-Canadian programming services. Shaw has subsequently informed the Commission that it proposes to distribute nine Canadian and eight U.S. audio services and accordingly, has withdrawn this portion of its application.
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Shaw has also proposed to increase its basic monthly fee by $1.81, effective 1 November 1987, pursuant to subsection 18(8) of the regulations.
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However, pending a final determination on the applications regarding the authorized service area and the licence amendments and further consideration of the increase which was predicated in part on capital expenditures related to the changes to the authorized service area, the implementation of the increase in the basic monthly fee was subsequently suspended by the Commission, in accordance with subsection 18(9) of the regulations.
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The Commission has assessed this proposal on the basis of the information submitted by the licensee and on its established criteria for assessing rate increases, as set out in its Public Announcement dated 18 September 1974 and confirmed in Public Notice CRTC 1986-182 dated 1 August 1986. Moreover, it has considered the comments received from 29 subscribers and from the Honourable R.H. Brisco regarding the proposed rate increase.
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Effective the date of this decision, the Commission lifts the suspension and, accordingly, the licensee may implement its proposal to increase the basic monthly fee by $1.81.
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The Commission also notes that capital expenditures for the 1988 fiscal year have been fully taken into account and may not be claimed again in a future rate application pursuant to subsection 18(6) of the regulations.
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Fernand Bélisle
Secretary General
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