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Ottawa, 24 July 1991
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Decision CRTC 91-537
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Elie Communitec Ltd.
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Elie and St. Eustache, Manitoba - 901040600 - 901058800
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Following a Public Hearing in Regina beginning on 23 October 1990, the Commission renews the Class 2 (fewer than 2,000 subscribers) licence for the cable distribution undertaking serving Elie and St. Eustache, held by Elie Communitec Ltd. (Elie Communitec), from 1 September 1992 to 31 August 1994. The operation of this undertaking is regulated pursuant to Parts I and II of the Cable Television Regulations, 1986 (the regulations) and the licence is subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to assess the licensee's adherence to the regulations.
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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, WJBK-TV (CBS) and WDIV (NBC) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service at Elie, and WDIV (NBC) and WJBK-TV (CBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service at St-Eustache. The licensee is also authorized to continue to distribute, at its option, KGFE (PBS) Grand Forks, and WDAZ-TV (ABC) Devils Lake, North Dakota, received via microwave, as part of the basic service at Elie.
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Further, the licensee is authorized, by condition of licence, to distribute WTVS (PBS) and WXYZ-TV (ABC) Detroit, received via satellite from the CANCOM network, as part of the basic service at St. Eustache.
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The Commission notes that Elie Communitec will no longer distribute KGFE (PBS) Grand Forks and WDAZ-TV (ABC) Devils Lake, received via microwave, on the basic service of the St. Eustache portion of the system.
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The Commission had called Elie Communitec to a Public Hearing held in Winnipeg beginning on 5 December 1989 to address concerns about possible non-compliance with the regulations. At that hearing, Elie Communitec stated that it would file amendment applications within the upcoming months to bring the system into compliance. The Commission was satisfied with Elie Communitec's responses at the hearing and therefore decided to allow the licensee the time which it requested to bring the system into compliance. The licensee subsequently filed the necessary applications on 29 June 1990 as part of its renewal application.
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The Commission notes that the licensee is currently licensed as one system to serve both Elie and St. Eustache and is authorized to use one head end which is located at Elie. However, the licensee has advised the Commission that it had to rebuild the St. Eustache portion of the system because it could no longer maintain the fiber-optic link from the Elie head end to the Village of St. Eustache. Elie Communitec also indicated that the only viable alternative to continue service to the 60 subscribers at St. Eustache is to install a head end, satellite dish and related equipment at this community. Accordingly, the Commission approves the licensee's proposal to add a head end at St. Eustache.
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As part of its renewal application, Elie Communitec also requested to be relieved, by condition of licence, of the requirement to own and operate the local head end of the Elie portion of the system, pursuant to section 4 of the regulations.
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In assessing this proposal, the Commission has taken into consideration the fact that, even though the Department of Communications (DOC) currently owns the Elie head end which it acquired for a fiber-optic experiment, the head end was to have been sold to the licensee when the agreement related to the experiment expired on 31 March 1990. In view of the foregoing, the Commission denies this request. The Commission expects Elie Communitec to take the necessary measures to purchase the Elie head end from DOC.
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Elie Communitec also requested to be relieved of the requirement to distribute the local service of CHMI-TV Portage La Prairie/Winnipeg as part of the basic service of the Elie portion of the system, pursuant to paragraph 9(1)(c) of the regulations. The licensee currently distributes CHMI-TV at St. Eustache. In support of this request, Elie Communitec argued that, in order to accommodate CHMI-TV's high signal strength, it would have to undertake a costly realignment of channels. Elie Communitec also pointed out that CHMI-TV's transmitter site is located close to the Elie system and causes much interference. The Commission notes that DOC has confirmed that CHMI-TV's signal at Elie is very strong.
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The Commission is not persuaded that the licensee has provided a compelling argument to warrant an exemption from its regulatory requirement to distribute CHMI-TV at Elie and therefore denies this request.
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The Commission requires the licensee to submit a report, within three months of the date of this decision, confirming that it has purchased the local head end of the Elie portion of the system from DOC and that it is distributing CHMI-TV at Elie.
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The Commission acknowledges the intervention by Western Manitoba Broadcasters Limited, licensee of CHMI-TV Portage La Prairie/Winnipeg, opposing Elie Communitec's request to be relieved of the requirement to distribute CHMI-TV at Elie. The Commission has noted the licensee's reply thereto.
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The Commission approves the licensee's request to be relieved, by condition of licence, of the requirement of paragraph 9(1)(g) of the regulations to distribute community programming on the community channel. Consistent with the Commission's new community channel policy announced in CRTC Public Notice 1991-59 dated 5 June 1991, the Commission expects the licensee, as a minimum, to provide its subscribers with a local alphanumeric service. It is a condition of licence that the licensee be relieved of the requirement of section 4 of the regulations to own and operate amplifiers and the outside wiring portion of the subscriber drops.
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It is also a condition of licence that the system share in the joint use of a distant head end located at Tolstoi, Manitoba.
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Allan J. Darling
Secretary General
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