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Decision
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Ottawa, 30 March 1990
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Decision CRTC 90-328
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01 Cablesystems Inc.
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68 Communities in Southwestern, Central and Southeastern Ontario (see appendices to this decision)
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Following a Public Hearing in London beginning on 20 February 1990, the Commission approves the 63 applications by 01 Cablesystems Inc. (01) for licences to carry on broadcasting receiving undertakings to serve the communities listed in Appendix A to this decision and will issue Class 2 licences expiring 31 August 1994. The operation of these undertakings will be 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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The Commission notes that the applicant had requested the addition of a condition of licence authorizing it to act as a Part III licensee, under the applicable sections of the regulations. In assessing this proposal, the Commission has taken into account the applicant's arguments, including the fact that each of these cable systems will serve no more than 2,500 households. However, the Commission is not satisfied that the applicant has provided sufficient evidence to justify its request. Accordingly, the Commission denies the applications to be authorized to act as a Part III licensee.
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The Commission also denies the applicant's proposal to be relieved of the obligation of section 9 of the regulations that requires 01 to allocate a community programming channel on each undertaking's basic band (channels 2 to 13). The Commission reminds the applicant that, in accordance with sections 9 and 12 of the regulations, as a Class 2 undertaking, it is required to provide community programming on an unrestricted channel of the basic band.
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In light of the foregoing, the Commission requires 01 to report within 12 months of the date of this decision, outlining its precise plans, including its access policy and budget allocations, with respect to the operation of a community channel on each of the proposed undertakings.
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With the exception of the undertakings to be located in the Franco-Ontarian communities of Glen Robertson, St. Eugene, Wendover, Hammond and St. Albert, where $22.95 will form the base portion of the basic monthly fees, the amount of $20.95 will form the base portion of the basic monthly fees of the remaining new undertakings for the purpose of section 18 of the regulations.
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The Commission reminds the licensee that it is required to submit, both to the CRTC and to the Department of Communications (DOC), its proposed head end co-ordinates for the undertakings for the purpose of technical certification. With respect to the new cable systems authorized herein, in accordance with paragraph 13(1)(b) of the Broadcasting Act, the Commission will issue licences to the applicant if it is in receipt of written notification from the DOC, within six months of the date of this decision that it will issue Broadcasting Certificates. In any case, no licence will be issued if the Commission does not receive this notification within said period or, where the applicant applies to the Commission and satisfies the Commission that it is unable to obtain said notification before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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It is a condition of each licence that the authority granted herein be implemented within twelve months of the date of receipt of written notification from the DOC that it will issue a Broadcasting Certificate or, where the applicant applies to the Commission and satisfies the Commission that it cannot implement its authority before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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Proposed distribution for the cable systems to serve Alvinston, Greenbank; Greenhurst-Thurstonia/ Dunsford; Janetville; Keene; Lakeview Estate; Linwood; Lisle; Pontypool; Seagrave/Robin Glade Estates; Thordale, Viewlake; Warkworth/ Northam; Zephyr; Hammond; St. Albert; St. Eugene; and, Wendover:In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the applicant is authorized, by condition of licence, to distribute, at its option, WXYZ-TV (ABC), WJBK-TV (CBS), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service of each of the above-noted undertakings.
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Proposed distribution for the cable systems to serve Avonmore; Crysler; Delta/Philipsville; Elgin; Finch; Glen Robertson; Lansdowne; Moose Creek; Morewood; Portland; Seeley's Bay; and Vernon:
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the applicant is authorized, by condition of licence, to distribute, at its option, WXYZ-TV (ABC), WJBK-TV (CBS) and WDIV (NBC) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service of each of the above-noted undertakings.
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Proposed Distribution for the cable system to serve Newburgh/Camden East/Yarker/Colebrook:
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the applicant is authorized, by condition of licence, to distribute, at its option, WXYZ-TV (ABC) and WDIV (NBC) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service.
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01 has also proposed to extend its currently authorized service areas of five existing cable undertakings in order to provide cable service to additional locations in Ontario. In this respect, the Commission approves the applications to change the licensed service areas for the broadcasting receiving undertakings serving Thedford, Port Burwell, Marmora, Wardsville and Ceasarea to include Port Franks/Walden Place West, Vienna, Crowe Lake/Marble Point, Newbury and Scugog Point as listed in Appendix B following this decision.
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01 has indicated that subscribers in the extended areas will receive the same programming services and be charged identical fees to those being charged in the currently licensed service areas. The Commission reminds the applicant that each of the existing Class 2 cable systems noted earlier are required to provide community programming on a community channel.
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This approval is conditional upon the construction in the extended areas being completed and the extended systems being in operation within twelve months of the date of this decision or, where 01 applies to the Commission within this twelve-month period and satisfies the Commission that it cannot complete the construction and begin the operation of the extended systems before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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The Commission acknowledges the opposing interventions received from, among others, several cable operators (CUC Broadcasting Limited, Grand Bend Cable TV, Lindsay CATV System Limited, Docon Communications Inc., Matthews Group Limited, Armstrong Communications Limited and Télécâble Laurentien Inc.) requesting an opportunity to provide cable service to particular areas proposed by 01. The Commission has noted the applicant's replies thereto and further notes that the intervenors did not submit applications to serve the respective areas despite the Commission's call for applications for the extension of cable service to localities in Ontario (Public Notice CRTC 1989-48 dated 18 May 1989.) The Commission is satisfied that approval of these applications which will provide, at an early date, quality cable service to unserved areas is in the public interest.
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Further, the Commission acknowledges the numerous supporting interventions received from elected officials, various municipal governments and organizations.
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As announced in CRTC Notice of Public Hearing 1989-16-5 dated 30 January 1990, 01 has withdrawn the following applications which were gazetted for the same public hearing: Emerald Isle/Connaught Shore/Scollard Bay (892322900); Forest Park (892326000); Kenedon Park/Cowan Bay/Evergreen Bay (892339300); Little Britain/ Mariposa/Oakwood (892345000); North Gower (892356700); Shannonville (892369000); Stewart's Heights (892375700); Youngstown/Fowlers Corner/Gilford Bay/Lancaster Bay (892388500); Pelham (892358300) and Springfield (892373200).
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Fernand Bélisle
Secretary General
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APPENDIX A/ANNEXE A
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Market/Marché I:
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The applicant refers to the following locations as Market I consisting of communities near the U.S. border along Lake Erie and the north shore of Lake Ontario, extending up to London, Ontario.
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LOCATIONS/ENDROITS APPLICATION NO./N° DE DEMANDE
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Alton 892307000
Alvinston 892308800
Amherst Point/Lakewood/Willow Beaches 892309600
Bellecreft/McCarthy/Crystal/One Stop/Good 892311200
Brigden 892312000
Cedar Beach/Cedarhurst/Cedar Island/Maple Grove/
Waters Beach/Linden Beach 892313800
Colchester/Clarke Beach/Blue Water, etc./Westchester/
Star/Marsden Beach 892314600
Comber 892315300
Cooks Mills 892316100
Cottam/North Ridge 892317900
Douglastown/Black Creek/Stevensville 892320300
Errol/Eton Crt./Camlachie 892323700
Featherstone 892324500
Harrow 892333600
HWY 40 West of Wallaceburg/Rte 40 à l'ouest de Wallaceburg
892334400
Lighthouse Cove Area/Région de Lighthouse Cove 892342700
Long Point 892346800
Lynden 892347600
McGregor/Paquette Corner 892348400
Merlin 892349200
Mono Mills 892351800
Oil City/Oil Springs 892357500
Pine Grove/Bill's Corner/Greens Corner/Blaney 892359100
Port Lambton/Sombra/Whitebread Beach/Ecart Marina 892361700
Port Rowan 892362500
Princeton 892364100
Puce/Emeryville/Elmstead/Lesperance Road South of
HWY 2/Chemin Lesperance au sud de la route 2 892365800
Selkirk 892368200
South Woodslee/North Woodslee 892371600
St. Williams/Booth's Harbour 892374000
St. Joachim/DeerBrook/Stoney Point and/et Beaches 892379900
Turkey Point 892381500
Wheatley/Wheatley Harbour 892386400
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Market/Marché II:
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The applicant refers to the following locations as Market II consisting of communities further removed from the U.S. border, extending from London to the north of Kingston, Ontario.
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LOCATIONS/ENDROITS APPLICATION NO./N° DE DEMANDE
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Greenbank 892329400
Greenhurst-Thurstonia/Dunsford 892330200
Janetville 892335100
Keene 892338500
Lakeview Estates 892340100
Linwood 892343500
Lisle 892344300
Pontypool 892360900
Seagrave/Robin Glade Estates 892366600
Thorndale 892380700
Viewlake 892383100
Warkworth/Norham 892384900
Zephyr 892389800
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Market/Marché III:
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The applicant refers to the following locations as Market III consisting of Southeastern Ontario, extending from Kingston to the Quebec border, south of Ottawa.
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LOCATIONS/ENDROITS APPLICATION NO./N° DE DEMANDE
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Avonmore 892310400
Crysler 892318700
Delta/Philipsville 892319500
Elgin 892321100
Finch 892325200
Glen Robertson 892328600
Hammond 892331000
Lansdowne 892341900
Moose Creek 892352600
Morewood 892353400
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Newburgh/Camden East/Yarker/Colebrook 892354200
Portland 892333400
Seeley's Bay 892367400
St. Albert 892376500
St. Eugene 892378100
Vernon 892382300
Wendover 892385600
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APPENDIX B/ANNEXE B
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Currently Authorized
Service area/Zone Proposed Extension areas/ Application No.
autorisée Zones proposées N° de demande
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Thedford Port Franks/Walden Place 892304700
West (Market I)
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Port Burwell Vienna (Market I) 892306200
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Marmora Crowe Lake (Market II) 892302100
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Wardsville Newbury (Market II) 892303900
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Ceasarea Scugog Point (Market II) 892305400
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