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Decision
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Ottawa, 13 July 1990
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Decision CRTC 90-657
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N1 Cable TV Ltd.
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Dalhousie and surrounding area, New Brunswick- 894058700 - 900161100
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Following a Public Hearing commencing 3 April 1990 in St. John's, the Commission renews the Class 2 licence issued to N1 Cable TV Ltd.(N1) for the broadcasting receiving undertaking serving Dalhousie and surrounding area, from 1 October 1990 to 31 August 1994. 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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This term will enable the Commission to consider the renewal of this licence at the same time as that of other cable systems in the area.
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In its renewal application, the licensee requested relief, by condition of licence, from certain regulations respecting the distribution of various services for which carriage on unrestricted channels of the basic band (channels 2 to 13) would otherwise be required. The licensee indicated that these requests come about as a consequence of the large number of French- and English-language television services that provide local signals to the area, and the number of channels on the undertaking's basic band that are thus technically restricted.
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Specifically, the licensee proposed the use of restricted channels for the distribution of the local signals of CBGAT-14 Carleton, and CKCD-TV and CHCR-TV Campbellton, as well as for the distribution of the CBC Parliamentary Television Network. At the hearing, N1 advised the Commission that, in error, it had originally included the signal of CKAM-TV Upsalquitch Lake with this group, rather than that of CKCD-TV Campbellton, both of which are full rebroadcasting stations of CKCW-TV Moncton. The Commission has amended the application accordingly.
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In a letter dated 26 March 1990, the Department of Communications (DOC) advised the Commission that it would be prepared to authorize the licensee's proposals for the distribution of these services on restricted channels, conditional upon the use by N1 of phase lock techniques and its distribution of the over-the-air signals on their corresponding cable channels. N1 has agreed to adhere to these conditions.
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Accordingly, pursuant to section 12 of the regulations, by condition of licence, the licensee is relieved of the requirement to distribute the signals of CBGAT-14 Carleton, CKCD-TV and CHCR-TV Campbellton, and the CBC Parliamentary Television Network on unrestricted channels.
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N1 also requested relief from the requirement that it distribute the local signal of CKAM-TV Upsalquitch Lake on its undertaking. As noted above, the identical programming broadcast by this station is available to N1 subscribers via the signal of CKCD-TV Campbellton. Accordingly, pursuant to section 9 of the regulations, by condition of licence, the licensee is relieved of the requirement that it distribute the programming service of CKAM-TV Upsalquitch Lake on its undertaking.
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The Commission approves a further request by this licensee and, in addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, authorizes N1, by condition of licence, to distribute as part of the basic service, at its option, the programming services of Télévision Quatre-Saisons (CFJP-TV Montréal) and Radio-Québec (CIVM-TV Montréal), received via satellite.
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Finally, N1 requested in its written application that it be permitted to continue to distribute the local signal of CBVA-TV Escuminac on other than the basic band citing, among other things, the length of time under its former ownership that the Dalhousie undertaking has carried this signal on the mid-band without subscriber complaint. This particular proposal, however, was opposed in an intervention from the CBC, who requested that the licensee be obliged to distribute the signal "as required by the regulations".
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At the hearing, N1 noted that, should its request for authority to distribute various local television signals phase-locked on restricted channels be approved, additional channel capacity would become available, allowing it to move the CBVA-TV signal to the basic band, phase-locked on a restricted channel. Contingent upon such approval, the licensee requested that its proposal for continued carriage of CBVA-TV on mid-band be withdrawn.
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In light of the above, the Commission will require N1 to move the distribution of the CBVA-TV signal to the basic band. Pursuant to section 12 of the regulations, by condition of licence, the licensee is relieved of the requirement to distribute the signal of CBVA-TV on an unrestricted channel.
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N1 acquired ownership of the Dalhousie cable system in 1989 (Decision CRTC 89-491 dated 21 July 1989). In that decision the Commission noted the commitment of the new owner to [TRANSLATION] "improve community programming in order that all area Francophones have access to the community channel and are able to produce French-language programming." N1 also committed a total of $40,000 to construct a new community programming studio and purchase equipment to link the studio with the head end.
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Although the Commission is satisfied the licensee has met its financial commitments to upgrade the community channel operation, it was unclear from its responses at the hearing how successfully N1 has performed its other responsibility with respect to promoting access to these facilities by Francophones for the production of French-language programming.
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Accordingly, the Commission expects N1, in the new licence term, to provide adequate promotion for the community channel, and to ensure access to its facilities by all local groups and individuals, with a view to increasing the production of programming in both the French and English languages. In particular, the Commission expects the licensee to make every effort to ensure that French-language programs, such as "En toute amitié avec Lorraine", continue to be produced.
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In Notice of Public Hearing 1990-3-3 dated 28 March 1990 pertaining to the licence renewal application by N1, the Commission stated that it wished to discuss with the applicant:
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...its failure to comply with Section 18 of the (regulations) in relation to a rate increase which was implemented on 1 April 1989, the method that N1 proposes to adopt to remedy an overcharging of its subscribers since that date, and the steps it proposes to take to ensure that each and every one of its systems is in full compliance at all times with the regulations.
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Earlier, in a letter to N1 dated 26 March 1990, the Commission directed the licensee to provide a "credit or rebate" to its Dalhousie system subscribers with respect to the 1 April 1989 unauthorized rate increases charged in connection with the distribution of certain specialty programming services (TSN, MuchMusic and TV5).
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At the St. John's hearing, N1 requested that the Commission reconsider its direction in this matter. Subsequently, in a letter to the Commission dated 10 April 1990, N1 proposed that, should the Commission decide not to reconsider its direction to the licensee, N1 then be permitted to satisfy the Commission's requirements by providing all of its Dalhousie and area subscribers with one month of free basic cable service.
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The Commission, in a letter dated 9 May 1990, denied the licensee's request for reconsideration of the direction. It has, however, examined the above proposal by the licensee and has determined that the one month of free basic service would fully compensate subscribers for the unauthorized fee increases. Moreover, the Commission considers that the N1 proposal would constitute a fair, equitable and administratively simple method by which to fulfill the Commission's direction to credit or rebate the licensee's subscribers. The licensee has undertaken to provide all subscribers with free basic service for the month of September 1990. The Commission expects N1 to adhere strictly to this undertaking.
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The Commission acknowledges the written interventions submitted by La Société des Acadiens et Acadiennes du Nouveau-Brunswick and by ProArtis requesting that the licensee be required to add the distribution of various French-language services in keeping with its commitment, noted in Decision CRTC 89-491, to offer an equal number of English-and French-language services on the basic band before the expiry of its current licence (30 September 1990). The Commission notes that many of the services mentioned by these intervenors have already been added by N1 to its Dalhousie cable system, while others will be added shortly as a consequence of approvals granted in this decision. The Commission, however, expects N1 to adhere to its commitment to achieve a balance between the number of French- and English-language services on the basic band, and to advise the Commission when this is accomplished.
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The Commission also acknowledges the intervention submitted by CHUM Ltd. concerning the cable carriage of certain of its television services on the Dalhousie undertaking, and is satisfied with N1's reply thereto.
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Alain-F. Desfossés
Secretary General
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