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Decision
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Ottawa, 28 March 1990
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Decision CRTC 90-292
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Taber Cable Television Ltd., Bow Island, Taber and Vauxhall, Alberta - 880893300 - 882071400 - 880892500 - 882072200
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Following a Public Hearing in Saskatoon on 30 February 1989, the Commission renews the Class 2 licences for the broadcasting receiving undertakings serving Bow Island, Taber and Vauxhall held by Taber Cable Television Ltd. from 1 April 1990 to 31 August 1993. The operation of these undertakings is regulated pursuant to Parts I and II of the Cable Television Regulations, 1986 (the regulations) and the licences will be subject to the conditions specified in this decision and in the licences to be issued.
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This term will enable the Commission to consider the renewal of these licences at the same time as that of other cable systems in the area.
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In addition to the services required or authorised to be distributed pursuant to the applicable sections of the regulations, the licensee is authorised to continue to distribute, at its option, KHQ-TV (NBC) and KSPS-TV (PBS) Spokane, Washington, received via microwave, as part of the basic service of the Taber system.
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With respect to the Taber and Vauxhall systems, the Commission notes that the licensee proposed to continue to distribute local stations CFAC-TV-7 and CBRT-6 Lethbridge on restricted channels. An intervention was received from the Canadian Broadcasting Corporation opposing the distribution of CBRT-6 on a restricted channel because of possible interference. In response, the licensee stated that it has been distributing this signal on a restricted channel with no problems, as confirmed by the Department of Communications (DOC), and that if any such problems should arise they would be rectified immediately.
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Therefore, pursuant to section 12 of the regulations, by condition of licence, the licensee is relieved of the obligation that it distribute the programs of CFAC-TV-7 and CBRT-6 on unrestricted channels of the Taber and Vauxhall undertakings. Should the quality of the signals deteriorate significantly, the licensee will be expected to undertake immediate corrective action such as moving the services to other channels.
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With respect to the Bow Island and Vauxhall systems, in line with Commission policy, the Commission denies the licensee's request to distribute, at its option, as part of the basic service, the television programming service of K76AG East Butte, Montana, a rebroadcaster of KTGF Great Falls, Montana which commenced operation after 1 January 1985.
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The licensee also applied to add a condition of licence relieving it from the requirement of section 9 of the regulations that it distribute regional service CBCA-TV-1 Etzikom and extra-regional service CFCN-TV-8 Medicine Hat on its Bow Island system. In the case of CFCN-TV-8 Medicine Hat, the licensee argued that a better signal would be received from CFCN-TV-5 Lethbridge.
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An intervention was received from Monarch Broadcasting Ltd., licensee of CHAT-TV Medicine Hat, which while supporting the exemption from carrying CBCA-TV-1, also opposed the exemption to carry CFCN-TV-8 due to the good signal quality of CHAT-TV and the close proximity of Medicine Hat to Bow Island. In response to the intervention, the licensee withdrew its request to distribute CFCN-TV-5 in lieu of priority signal CFCN-TV-8.
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In assessing the request to distribute CHAT-TV instead of CBCA-TV-1, the Commission has taken into account the DOC's statement that the CHAT-TV signal is of good quality and the fact that CBCA-TV-1 Etzikom rebroadcasts the programming of CHAT-TV. Based on the foregoing, the Commission approves the licensee's request in this regard.
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The Commission also considered the licensee's request to add a condition of licence, relieving it of the requirement of paragraph 9(1)(f) of the regulations to distribute in Taber and Vauxhall, 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. The licensee intends to distribute on the Taber and Vauxhall systems distant signal CBXFT-3 Lethbridge, which provides the CBC French-language television network programming. The CBC intervened stating its preference for the distribution of CBXFT-3 instead of the satellite service.
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In assessing this request, the Commission has taken into consideration the DOC's assessment that the signal quality in Taber is considered very good, and that no field strength measurements of the signal CBXFT-3 could be made in Vauxhall due to a weak over-the-air signal. Based on the foregoing, the request to be relieved of the requirement of paragraph 9(1)(f) of the regulations is denied in Vauxhall and approved in Taber. Accordingly, the Commission authorizes the licensee, by condition of licence, to distribute, at its option, CBXFT-3 Lethbridge, as part of the basic service of the Taber system.
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Further, the licensee is required to report within three months of the date of this decision confirming that it has complied with the requirements of the regulations. Should the licensee wish to distribute the signal of CBXFT-3 in Vauxhall in addition to the French-language satellite service, it must first apply to the Commission for a condition of licence in this respect.
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The Commission reaffirms the particular importance it attaches to the development of community programming and has taken note of the projected 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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Fernand Bélisle
Secretary General
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