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Ottawa, 26 April 1991
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Decision CRTC 91-251
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Bragg Communications Incorporated (formerly Central Cable Television Limited)
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Amherst and surrounding areas, Nova Scotia - 901856500 - 903053700 - 903054500
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Following a Public Hearing in the National Capital Region held on 12 February 1991, the Commission renews the Class 2 licence for the broadcasting receiving undertaking serving Amherst and surrounding areas, held by Bragg Communications Incorporated (Bragg) (formerly Central Cable Television Limited), from 1 September 1991 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, CFJP-TV Montréal, received via satellite, and WJBK-TV (CBS), WXYZ-TV (ABC), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service. Further, the licensee is authorized, by condition of licence, to continue to distribute the Atlantic Satellite Network, received via satellite, provided that it is distributed on an unimpaired channel of the basic service.
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The Commission approves Bragg's request to be relieved, by condition of licence, of the requirement of subsection 16(2) of the regulations to distribute local stations CBAL-FM, CBHS-FM and CFQM-FM on unrestricted audio channels of the undertaking. Should the quality of the signals deteriorate significantly, the licensee will be expected to undertake immediate corrective action such as moving the services to another channel.
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The Commission acknowledges the intervention by the CBC regarding carriage of local CBC FM stations on restricted channels.
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The Commission notes that Bragg has made a commitment to distribute local station CJMO-FM Moncton on an audio channel of its undertaking.
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Bragg also requested to be relieved, by condition of licence, from the requirement of subsection 10(2) of the regulations to distribute The Nashville Network (TNN), The Arts & Entertainment Network (A&E), Country Music Television (CMT) and the Cable News Network (CNN) in accordance with Public Notice CRTC 1987-261. This public notice stipulates that authorized non-Canadian satellite services may only be offered in a package with Canadian pay television and/or Canadian specialty services and that all must be distributed as discretionary services subject to specific distribution and linkage requirements. Currently, Bragg distributes four U.S.-originated services, i.e., TNN, A&E, CMT and CNN in an extended basic package with CHCH-TV Hamilton and one Canadian specialty service, i.e., The Sports Network (TSN). In order to comply with Public Notice CRTC 1987-261, Bragg must distribute these four U.S.-originated services in a package with two Canadian specialty services.
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In assessing Bragg's request, the Commission has taken into consideration the licensee's argument that it should be permitted to distribute four U.S.-originated services with TSN on extended basic because it also distributes MuchMusic on the basic service.
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The Commission is not persuaded that Bragg has provided any compelling arguments or demonstrated any special circumstances which would support this request. Accordingly, the Commission is not convinced that relief from the distribution and linkage requirements set out in Public Notice CRTC 1987-261 is warranted in this case and denies the licensee's request. The Commission requires the licensee to submit a report within one month of the date of this decision confirming that it has complied with the requirements of Public Notice CRTC 1987-261.
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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 expects the licensee to increase its expenditures on community programming during the new licence term and to continue its efforts to develop community programs that reflect subscriber interests and concerns.
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Allan J. Darling
Secretary General
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