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Decision
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Ottawa, 21 February 1990
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Decision CRTC 90-111
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Valleyfield Transvision Inc.
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Valleyfield, Quebec - 893596700
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Following a Public Hearing in Quebec City beginning on 5 December 1989, the Commission renews the Class 1 licence for the broadcasting receiving undertaking serving Valleyfield, held by Valleyfield Transvision Inc. (Valleyfield), from 1 October 1990 to 31 August 1995. 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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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to continue to distribute, at its option, CICO-TV-24 Ottawa, received over-the-air, as part of the basic service.
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Valleyfield also requested to add a condition of licence relieving it of the requirement pursuant to section 16 of the regulations that it distribute the audio programming services of AM stations CKAC Montreal and CKO Pointe-Claire, Quebec, which are both local signals. The Commission notes that CKO Pointe-Claire ceased operation on 10 November 1989.
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With regard to CKAC Montreal, the Commission notes that the station operates at a power of 50 kilowatts both day and night. Moreover, since the night-time interference-free contour fully encloses Valleyfield and area, the Commission does not accept the licensee's argument that CKAC operates at a lower power at night, nor that it does not qualify as a local signal.
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The Commission is therefore not convinced that the licensee has provided sufficient evidence to justify its request. Accordingly, it denies this proposal. Pursuant to section 16 of the regulations, the licensee must distribute all mandatory audio programming services, including CKAC Montreal.
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The licensee proposes to continue the distribution of more than one affiliate of the same U.S. network, which is contrary to the Commission's policy with respect to the distribution of duplicate U.S. networks signals. However, in view of the particular circumstances of this case, including the fact that such distribution has been in place for several years, the Commission considers that an exception is justified. The Commission therefore authorizes the licensee to continue the distribution of the signals of WETK (PBS) Burlington, Vermont and WCFE-TV (PBS) Plattsburgh, New York, on the basic service of this undertaking.
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Pursuant to section 12 of the regulations, by condition of licence, the licensee is relieved of the obligation that it distribute the programs of CBFT, CBMT, CFTM-TV and CFCF-TV Montreal and CJOH-TV-8 Cornwall on unrestricted channels. Should the quality of the signals deteriorate significantly, the licensee will be expected to undertake immediate corrective action such as moving these services to other channels.
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The Commission reaffirms the particular importance it attaches to the development of community programming and has taken note of the annual budgets which will be allocated for this purpose during the new licence term. The Commission encourages the licensee to continue its efforts to develop community programs that reflect subscriber interests and concerns.
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In addition, the Commission has noted the amount of advertising revenues projected from the operation of the community channel. The Commission reminds the licensee that, in accordance with its policy outlined in Public Notice CRTC 1986-182 dated 1 August 1986, these revenues must be dedicated to community programming and should not accrue to the cable system's general revenues.
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Fernand Bélisle
Secretary General
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