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Ottawa, 9 July 1992
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Decision CRTC 92-459
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Maclean Hunter Cable TV (Niagara) Limited, operating under the name of Maclean Hunter Cable TV
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Niagara Falls, Welland, Port Colborne, Fonthill and surrounding area, Ontario - 912340700
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Pursuant to Public Notice CRTC 1992-15 dated 17 February 1992, the Commission approves the application by Maclean Hunter Cable TV (Niagara) Limited (Maclean Hunter) 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 signal of WQLN (PBS) Erie, Pennsylvania.
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Maclean Hunter currently distributes WQLN, together with the signal of a second PBS station, namely that of WNED-TV Buffalo, as part of the basic service. It proposes to substitute WNEQ-TV for WQLN. In support of this proposal, the applicant stated that it has received numerous requests for this service from subscribers.
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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. Ontario's public educational broadcaster, TVOntario (TVO) submitted interventions opposing the present and other similar applications. 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".
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The Commission also acknowledges the concerns regarding this application contained in an intervention submitted by Mr. Kenneth J. Murphy of Niagara Falls, Ontario.
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An intervention in support of this application was received from Mr. Ivor H. Nixon of Islington. The Commission also notes the comments received from the Ministry of Culture and Communications of the Ontario Government.
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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 involves the replacement of one PBS signal for another and thus does not represent any increase in the number of U.S. signals distributed on the undertaking, it should not result in any undue impact on Canadian broadcasters and that approval of this application is warranted.
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Allan J. Darling
Secretary General
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