ARCHIVED -  Decision CRTC 90-66

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Decision

Ottawa, 1 February 1990
Decision CRTC 90-66
Videotron Communications Ltd. (formerly QCTV Ltd.)
Raymond, Alberta - 882352800
Pursuant to Public Notice CRTC 1989-19 dated 21 February 1989, the Commission approves, by condition of licence, the application by Videotron Communications Ltd. (Videotron) to distribute, at its option, the programming services of WDIV (NBC) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service. The Commission also approves the deletion of the distribution of KHQ-TV (NBC), KSPS-TV (PBS), KXLY-TV (ABC) and KREM-TV (CBS), Spokane, Washington, received via microwave, as part of the basic service.
The licensee indicated that it has already replaced, on the basic service, the above-noted ABC and CBS Spokane signals with the over-the-air signals K54AM and K48A1 East Butte, Montana, rebroadcasters of KFBB-TV (ABC) and KRTV (CBS) Great Falls, Montana, respectively.
In Decision CRTC 88-676 dated 27 September 1988, the Commission authorized the licensee to replace, at Cardston, currently authorized U.S. services with signals received from the CANCOM network. The Commission, however, expressed concern that Videotron had implemented these changes prior to Commission approval and reminded the licensee that it must adhere strictly to the Cable Television Regulations, 1986 (the regulations) at all times. The present application was also implemented without the Commission's prior approval.
The Commission wishes to stress that its regulations governing the cable television industry, like those which govern the other components of the Canadian broadcasting system, have been put into place in order to serve the public interest and maintain the system's integrity. In the Commission's view, the failure of any broadcaster to act responsibly and in accordance with the regulations threatens these goals. It therefore reiterates that it expects Videotron to adhere strictly to the regulations at all times.
In assessing this application, the Commission considered the intervention received from Lethbridge Television Limited, licensee of CFAC-TV-7 Lethbridge, which serves Raymond, and the Broadcasters' Association of Alberta, opposing the distribution of the Detroit signals. The Broadcasters' Association of Alberta maintained that the time-zone difference would allow prime-time American programming to be distributed in advance of local stations carrying such programming, resulting in unfair competition. Lethbridge Television Limited raised concerns about the loss of revenues for local broadcasters and the technical quality of the CANCOM services and also questioned whether Raymond subscribers support the proposed changes. In response, Videotron noted that the Detroit signals are currently distributed on other Alberta cable systems and that, where practical, it has replaced the Detroit signals with Spokane signals. The licensee pointed out that Raymond is not on the Alberta Government Telephones microwave system which delivers the Spokane signals in Alberta and further argued that the costs of installing an adequate microwave system are not justified for its subscribers. Videotron stated that its own AML microwave system proved inadequate to deliver the Spokane signals because reception of these signals was subject to over-the-air interference from CFAC-TV-7 Lethbridge. In addition, the licensee maintained that the proposed changes would provide the community with higher quality signals than are currently available via microwave.
The Commission is satisfied that this authorization will not significantly affect the revenues of local broadcasters. In view of the foregoing and of the fact that no interventions were submitted by residents of Raymond in opposition to these changes, the Commission considers that it is in the public interest to approve the application.
Fernand Bélisle
Secretary General

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