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Ottawa, 7 August 1991
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Decision CRTC 91-572
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Télécâble B.S.L. Inc.
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Rimouski, Bic, Luceville, Saint-Anaclet, Pointe-au-Père, Sainte-Luce-sur-Mer, Sainte-Blandine and Saint-Fabien (Zone 1); Matane, Saint-Ulric and Petite-Matane (Zone 2); Mont-Joli, Price, Saint-Joseph-de-Lepage, Sainte-Angèle-de-Mérici and Sainte-Flavie (Zone 3); Amqui, Sayabec, Causapscal, Lac-au-Saumon and Val-Brillant (Zone 4); Sainte-Anne-des-Monts, Cap-Chat and Tourelle (Zone 5); Forestville and Saint-Luc-de-Laval (Zone 6), Quebec - 902284900
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Following a Public Hearing in Quebec City beginning on 5 March 1991, the Commission renews the Class 1 licence for the cable distribution undertaking serving the communities noted above, held by Télécâble B.S.L. Inc., from 1 October 1991 to 31 August 1994. This term will enable the Commission to consider the renewal of this licence at the same time as that of other cable systems in the area.
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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. 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, CFCF-TV Montréal, received via microwave, WJBK-TV (CBS) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service in Zones 1, 2, 3 and 4; CFJP-TV Montréal, received via satellite, on the basic service in Zones 2, 3, 4 and 5; and CHAN-TV Vancouver, WJBK-TV (CBS), WTVS (PBS) and WDIV (NBC) Detroit, Michigan, received via satellite from the CANCOM network, on the basic service in Zone 5.
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The licensee is also authorized to continue to distribute, at its option, WVNY (ABC) Burlington, Vermont, and WPTZ (NBC) Plattsburgh, New York, received via microwave, as part of the basic service in Zones 1, 2, 3 and 4.
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In addition, the Commission approves the request by the licensee to be relieved, by condition of licence, of the requirement under section 9 of the regulations to distribute priority service CJPC-TV Rimouski, in Zones 2, 3, 4 and 5.
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In approving this request, the Commission has taken into account the fact that the Department of Communications (DOC) has confirmed the poor quality of the signal, and that the licensee currently distributes CFJP-TV Montréal (Télévision Quatre-Saisons).
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The Commission also relieves the licensee, by condition of licence, of the requirement under section 16 of the Regulations to distribute priority audio programming service CIKI-FM Rimouski in Zones 4 and 5, and priority audio programming service CJBR-FM Rimouski in Zones 2, 4 and 5, given the poor reception quality of these signals as confirmed by DOC.
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However, the Commission denies similar requests relating to the distribution of CIKI-FM Rimouski in Zone 2, CFVM Amqui and CBGA Matane in Zone 4, and CJMC and CBGA-7 Sainte-Anne-des-Monts in Zone 5. DOC has confirmed that these signals are of good quality.
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Upon receipt of the DOC report confirming the good quality of the CIKI-FM and CJBR-FM signals in Zone 3, the licensee withdrew its request to be relieved of the requirement under section 16 of the regulations to distribute these services.
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The Commission notes the intervention filed by Diffusion Power Inc. opposing the licensee's application to be relieved of the requirement to distribute CIKI-FM Rimouski in Zones 2, 3 and 4. The Commission notes that, following receipt of this intervention, the licensee advised the Commission that the signal of CIKI-FM Rimouski, received via microwave, is now being distributed in Zone 3. The Commission notes that DOC confirmed the inadequate reception quality of the CIKI-FM signal in Zone 4.
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The Commission reaffirms the particular importance it attaches to the development of community programming. In this regard, the Commission notes that, in its licence renewal application, the licensee proposed to allocate 8 hours and $310,000 to community programming during the first year of the new licence term. The Commission noted, in the data collection package submitted by the licensee, that the number of hours of programming produced locally between 1987 and 1989 has totaled 14.2 hours on average in these communities. In Decision CRTC 87-873 dated 2 November 1987, the licensee committed to increase by 1 hour per week the production of original programming for Zone 7 (Bas Saint-Laurent) which includes Amqui, Matane, Mont-Joli, Rimouski and Sainte-Anne-des-Monts.
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The Commission insists that the licensee honour the commitments made in 1987 by increasing its local programming production, and requires the licensee to submit, within three months of the date of this decision, a report confirming the number of hours per week allocated to local programming production and the related annual local production budgets for the new licence term.
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With regard to its renewal application, the licensee also proposed to modify the service zones that comprise its service area. The Commission approves the following amendments:
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Zone 1: the exclusion of a sector around Luceville and Sainte-Angèle-de-Mérici;
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Zone 2: the exclusion of a sector adjacent to Saint-Ulric and a sector located near the Matane airport;
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Zone 5: the exclusion of a sector located between Cap-Chat and Saint-Joseph-des-Monts, and a sector located between Sainte-Anne-des-Monts and Anse-à-Carlot. The Commission approves the application to amend the undertaking's authorized service area, by excluding Forestville and Saint-Luc-de-Laval (Zone 6). With respect to the licensee's proposal to carry on an undertaking serving these two communities under a separate licence, the Commission approves the request accordingly.
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The Commission will issue to Télécâble B.S.L. Inc. a Class 2 (fewer than 2,000 subscribers) licence expiring 31 August 1994. This term will enable the Commission to consider the renewal of this licence at the same time as that of other cable systems in the area. The undertaking will be regulated under Parts I and II of the regulations, and the licence will be subject to the conditions outlined 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 distribute, at its option, CFJP-TV and CFCF-TV Montréal, received via satellite, as well as WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, and to distribute WPTZ (NBC) Plattsburgh, New York, and WVNY (ABC) Burlington, Vermont, received via microwave, as part of the basic service of the undertaking serving Forestville and Saint-Luc-de-Laval.
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The Commission denies the licensee's request to be relieved of the requirement under section 16 of the regulations to distribute, at Forestville and Saint-Luc-de-Laval, the priority audio programming service CFRP Forestville, a local service. In the Commission's view, the licensee has not provided sufficient justification for such an exemption.
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The amount of $13.99 will form the base portion of the basic monthly fee for the purpose of section 18 of the regulations. The Commission points out that, since 24 January 1991, consistent with Public Notice CRTC 1991-12, the rates for all Class 2 systems with fewer than 2,000 subscribers are deregulated.
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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.
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Allan J. Darling
Secretary General
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