ARCHIVED -  Decision CRTC 92-455

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Decision

Ottawa, 9 July 1992
Decision CRTC 92-455
Grimsby Cable T.V. Limited
Grimsby, Beamsville, Jordan and Vineland, Ontario - 911938900
Pursuant to Public Notice CRTC 1992-15 dated 17 February 1992, the Commission approves the application by Grimsby Cable T.V. Limited (Grimsby) for authority to distribute, pursuant to paragraph 10(1)(j) of the Cable Television Regulations, 1986 (the regulations), the programming service of WNEQ-TV (PBS) Buffalo, New York, received over the air, so long as it does not distribute the signals of WICU-TV (NBC) and WSEE-TV (CBS) Erie, Pennsylvania.
Grimsby currently distributes WICU-TV and WSEE-TV, together with a PBS signal (WNED-TV Buffalo, New York) and the signals of second NBC and CBS affiliates from Buffalo, WGRZ-TV (NBC) and WIVB-TV (CBS) as part of the basic service.
In support of its proposal to delete the duplicate NBC and CBS signals, the applicant stated that these signals are subject to interference. Regarding its request for authority to add WNEQ-TV, the applicant stated that WNEQ-TV is available over the air in its service area, and that subscribers have made numerous requests for this service.
The applicant added that since the signal of WNEQ-TV is available over the air to all of its subscribers, approval of this application will not result in any increase of PBS viewership, and that, with the deletion of the two Erie signals, the total number of U.S. signals distributed on the cable undertaking will decrease.
WNEQ-TV began operation in May 1987. In Public Notice CRTC 1986-182 dated 1 August 1986 announcing the enactment of the regulations, the Commission noted that the carriage of non-Canadian television stations that commenced operation later than 1 January 1985 would not be authorized through the regulations. Instead, licensees wishing to carry such stations were directed to apply to the Commission for specific authorization on a case-by-case basis.
Interventions opposing the present and other similar applications for authority to add the carriage of WNEQ-TV were submitted by Ontario's public educational broadcaster, TVOntario (TVO). TVO stated that, while WNEQ-TV currently does not conduct membership drives, there is no guarantee that it will not do so in the future, either directly or through its sister station WNED-TV. It argued that an approval of this application would result in "consequential damage to TVO's revenue-generating activities and as a result our ability to serve Ontarians with high-quality educational programming".
The Commission also acknowledges the intervention submitted by CanWest Global Communications Corp. (CanWest). CanWest maintains that Grimsby has failed to provide evidence of any tangible benefits to the Canadian broadcasting system that would result from the approval of this application.
Further, the Commission notes the comments received from the Ontario Government's Ministry of Culture and Communications.
The Commission has considered all of the evidence before it, including the views advanced by the applicant and the interveners. It is satisfied that, since this proposal will not represent an increase in the number of non-Canadian signals distributed by this undertaking, it should not result in any undue impact on Canadian broadcasters and that approval of this application is warranted.
Allan J. Darling
Secretary General

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