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Ottawa, 21 August 1990
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Decision CRTC 90-773
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Cable Atlantic Inc., formerly Avalon Cablevision Limited
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St. John's, Mount Pearl and surrounding areas, Newfoundland - 894474600
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Following a Public Hearing in St. John's, Newfoundland beginning on 3 April 1990, the Commission renews the Class 1 licence for the broadcasting receiving undertaking serving the communities noted above, held by Cable Atlantic Inc. (Cable Atlantic), 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, WXYZ-TV (ABC), WJBK-TV (CBS), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, as part of the basic service.
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Further, the Commission authorizes the licensee, by condition of licence, to continue to distribute the Atlantic Satellite Network, provided that it is distributed on an unimpaired channel of the basic service. The distribution of this service on Cable Atlantic's system was originally authorized in Decision CRTC 83-572 dated 22 July 1983 and reinstated in Decision CRTC 85-175 dated 12 April 1985, subject to a condition of licence that Cable Atlantic delete from the ASN service any commercial material that may effect in a negative manner the St. John's television station operated by Newfoundland Television Broadcasting Limited (NTV). As part of a general review of the matter requested by ASN in the course of the consideration of its licence renewal in 1985, the Commission was of the opinion that, given the existing fragile economic and market conditions in St. John's, it was not an opportune time to change the requirement.
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In response to a further request by ASN, as part of its current renewal application, the Commission reexamined the commercial deletion requirement at the 3 April Public Hearing in St. John's and discussed the condition at some length with the licensee, ASN and NTV.
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In its deliberations, the Commission took into account the concerns and views expressed by NTV, ASN and Cable Atlantic and by other broadcasters in their written interventions and, for the reasons set out in the decision renewing ASN's licence released today (Decision CRTC 90-774), the Commission denied ASN's request to have the condition of licence removed from Cable Atlantic's licence.
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Therefore, it remains a condition of licence that the ASN service be distributed in accordance with an agreement between ASN and NTV, whereby commercial messages which are likely to have a negative impact on NTV be deleted from the ASN service distributed in St. John's.
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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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The Commission acknowledges the interventions received in support of the renewal of Cable Atlantic's licence.
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Alain-F. Desfossés
Secretary General
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