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Ottawa, 25 September 1991
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Decision CRTC 91-765
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Trillium Cable Communications Limited
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Listowel, Arthur, Palmerston, Harriston, Mount Forest and surrounding area, Ontario - 902366400 - 903301000
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Following a Public Hearing in the National Capital Region held on 5 March 1991, the Commission renews the Class 2 licence for the cable distribution undertaking serving the communities noted above, held by Trillium Cable Communications Limited (Trillium), from 1 October 1991 to 31 August 1997. 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, CFMT-TV Toronto, received over-the-air.
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The Commission notes that, following receipt of this renewal application, the licensee submitted an application (#903301000) to amend its licence by adding four programming services received via microwave from a distant head end, and, in turn, by deleting four Detroit signals received via satellite from the Canadian Satellite Communications Inc. (CANCOM) network.
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In consideration of this second application, the Commission has taken note of an intervention from two subscribers opposed to the removal of the Detroit signals. The Commission also received an intervention from CANCOM objecting to the fact that Trillium has not proposed to reduce its monthly subscriber fee, despite the deletion of satellite services. The Commission notes the licensee's reply in this regard, including the fact that there will be no reduction in programming choice to subscribers, that the change in distribution should result in better signal quality and that ot responds to subscriber requests for Buffalo programming services. In light of the foregoing, the Commission considers that an approval is in the public interest.
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Accordingly, and pursuant to Public Notice CRTC 1991-32 dated 22 March 1991, the Commission approves, by condition of licence, the application to distribute, at the licensee's option, WGRZ-TV (NBC), WIVB (CBS), WKBW-TV (ABC) and WNED (PBS) Buffalo, New York, received via microwave, as part of the basic service. The Commission also approves the application to delete the programming services of WTVS, WDIV, WJBK-TV and WXYZ-TV Detroit, Michigan from the basic service of the undertaking.
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Further, in this respect, the Commission notes that the base portion of the licensee's basic monthly fee includes a wholesale fee of $1.40 for the provision of 3+1 CANCOM services. This system has been distributing CANCOM signals for a number of years and the related changes have been embedded in the licensee's base portion prior to the enactment of the regulations in 1986. The Commission, therefore, expects the licensee to reduce its base portion by $1.40 since this amount will no longer be paid to CANCOM.
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Consistent with Decision CRTC 87-287 dated 14 April 1987, by condition of licence, the licensee is relieved of the requirement of section 9 of the regulations, to distribute the French-language television educational programming service operated by TVOntario ("La Chaîne française"), on the basic band (channels 2 to 13), so long as the service is distributed as part of the basic service.
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Pursuant to section 12 of the regulations, by condition of licence, the licensee is relieved of the obligation that it distribute the signal of CKNX-TV Wingham on an unrestricted channel. Should the quality of the signal deteriorate significantly, the licensee will be expected to undertake immediate corrective action such as moving the service to another channel.
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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 encourages the licensee 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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