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Télécâble Provincial Inc.
Saint-Guillaume d'Upton, Saint-Bonaventure and Saint-Eugène-de-Grantham, Quebec - 922267000
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Télécâble Optimiste Inc.
Saint-Guillaume d'Upton, Saint-Bonaventure and Saint-Eugène-de-Grantham, Quebec - 930083100
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New cable television undertaking authorized
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Following a Public Hearing in Quebec City beginning on 4 May 1993, the Commission approves the application by Télécâble Provincial Inc. for a licence to carry on a cable distribution undertaking to serve the communities noted above. The operation of this undertaking will be regulated pursuant to Parts I and III of the Cable Television Regulations, 1986 (the regulations).
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The Commission will issue a licence expiring 31 August 1996, subject to the conditions specified in this decision and in the licence to be issued. This term is consistent with the Commission's practice regarding the licensing of new cable distribution undertakings regulated pursuant to Parts I and III of the regulations.
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The Commission denies the competing application filed by Télécâble Optimiste Inc. Based upon its evaluation of the two applications and of the discussions held at the public hearing, the Commission considers that Télécâble Provincial Inc. has demonstrated the experience necessary to implement this proposal. The company has also satisfied the Commission that it can offer a range of attractive services, including community programming, and implement the proposed cable service within a short time frame.
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The Commission approves the applicant's request with respect to section 23 of the regulations. Accordingly, it is a condition of licence that the applicant be relieved of the requirement that it distribute at least four television programming services delivered to its local head end by a network operator licensed to extend television and radio services to remote and underserved communities, at least one of which must be a Canadian television programming service, so long as it distributes only those U.S. television services approved by the Commission. The Commission notes the written intervention filed by CANCOM regarding this request.
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In deciding to approve this request, the Commission took into consideration the applicant's arguments that it is a small firm with limited financial resources and that distribution of additional English-language CANCOM services is unwarranted because Francophones will constitute a majority of its future subscribers.
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The Commission notes that the applicant proposed to carry the following U.S. services, received via satellite from the CANCOM network: WJBK-TV (CBS), WXYZ-TV (ABC) and WTVS (PBS) Detroit, Michigan.
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The Commission notes that the applicant proposes to distribute The Nashville Network, which is a Part III eligible non-Canadian satellite service. This proposal is inconsistent with the applicant's argument in its request for relief from the provisions of section 23 of the regulations, in which it claims that its mostly-Francophone subscribers do not wish to receive additional English-language services. Consequently, the Commission expects the applicant either to delete TNN from its distribution list or to comply with section 23 of the regulations. The applicant is required to file a report with the Commission within three months of this decision confirming which of these two options it has chosen.
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In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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It is a condition of this licence that construction of this undertaking be completed and that it be in operation within twelve months of the date of this decision or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete implementation before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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Allan J. Darling
Secretary General
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