ARCHIVED -  Decision CRTC 91-244

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Decision

Ottawa, 25 April 1991
Decision CRTC 91-244
Aubert Poisson, doing business under the name and style of "Vidéocentre"
Gentilly, Quebec - 902282300
Following a Public Hearing in Québec beginning on 5 March 1991, the Commission renews the licence for the broadcasting receiving undertaking serving Gentilly, held by Aubert Poisson, doing business under the name and style of "Vidéocentre", from 1 October 1991 to 31 August 1996. The operation of this undertaking is regulated pursuant to Parts I and III 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.
The Commission approves the licensee's request with respect to section 23 of the regulations. Accordingly, it is a condition of licence that the licensee be relieved of the requirement that it distribute at least four television programming services delivered to its local head end by a network operator licensed to extend television and radio services to remote and underserved communities, at least one of which must be a Canadian television programming service, so long as it does not distribute any U.S. television station.
In approving this request, the Commission has taken into account the licensee's arguments that the subscribers have shown no interest for CANCOM programming and that it does not want to increase its subscriber fee to offer those services. The Commission notes the intervention from Canadian Satellite Communications Inc. in this regard.
With respect to the licensee's request to be relieved, by condition of licence from the requirement to distribute local television service CFKM-TV Trois-Rivières, on the basic band of the undertaking, the Commission has considered the licensee's arguments that the signal is of poor quality. Nevertheless, the Commission considers that the licensee has not provided sufficient evidence to justify such an exemption. Further, the Commission notes that the Department of Communications (DOC) has confirmed the signal quality to be adequate.
Accordingly, the Commission denies the licensee's request, and expects the licensee to confirm, within three months of the date of this decision, that he has complied with the requirement of section 22 of the regulations concerning the distribution of the local television service CFKM-TV Trois-Rivières.
DOC has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of two years only, expiring 30 September 1993. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to paragraph 13(1)(b) of the Broadcasting Act pertaining to the technical certification of broadcasting undertakings and to subsection 13(2) which provides that any broadcasting licence issued, amended or renewed in contravention of section 13 is of no force or effect.
The Commission acknowledges the intervention from Télévision Saint-Maurice Inc. opposing an exemption from section 22 of the regulations, and the licensee's reply thereto.
Allan J. Darling
Secretary General

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