ARCHIVED -  Decision CRTC 94-124

Decision

Ottawa, 31 March 1994

Decision CRTC 94-124

Halton Cable Systems Inc.

Georgetown, Acton, Milton and surrounding area and Rockwood, Ontario - 931784300- 931785000

Acquisition of assets

Following a Public Hearing in Calgary beginning on 25 January 1994, the Commission approves the applications for authority to acquire the assets of the cable distribution undertakings serving the above-mentioned localities, from Halton-Triangle Investments Limited, and for broadcasting licences to continue the operation of these undertakings.

The Commission will issue licences to Halton Cable Systems Inc. (Halton), expiring 31 August 1996, the current expiry date, upon surrender of the current licences. The authority granted herein is subject to the conditions specified in this decision and in the licences to be issued.

In approving these applications, the Commission has taken into account the fact that Halton is a wholly-owned subsidiary of Halton-Triangle Investments Limited and that the transaction thus represents an intracorporate reorganization without any change occurring in the control, programming or management of the licensee.

Georgetown, Acton, Milton and surrounding area

The operation of the Class 1 undertaking serving Georgetown, Acton, Milton and surrounding area will be regulated pursuant to Parts I and II of the Cable Television Regulations, 1986 (the regulations).

Consistent with Decision CRTC 91-764 dated 25 September 1991, the licensee is relieved, by condition of licence, of the obligation of section 12 of the regulations that it distribute the signals of CKCO-TV Kitchener and CBLT and CFMT-TV Toronto on unrestricted channels. Should the quality of the signals deteriorate significantly, the licensee will be expected to undertake immediate corrective action such as moving the services to other channels.

Also consistent with Decision CRTC 91-764, the licensee is relieved, by condition of licence, of the requirement of paragraph 9(l)(b) of the regulations to distribute the French-language educational programming service operatedby TVOntario "La Chaîne" on the basic band (channels 2 to 13). The Commission notes that the licensee will continue to distribute this service as part of the basic service.

Rockwood

As a consequence of amendments to the regulations announced in Public Notice CRTC 1994-7 dated 3 February 1994, the operation of the Class 2 (fewer than 2,000 subscribers) undertaking serving Rockwood will be regulated pursuant to Parts I and III of the regulations, with the exception of the requirements stipulated in section 23.

Therefore, the distribution of WDIV (NBC), WXYZ-TV (ABC), WJBK-TV (CBS) and WTVS (PBS) Detroit Michigan is consistent with the regulations, as amended, and authorization to distribute these services in the present acquisition of assets application is unnecessary.

The conditions of licence noted in Decisions CRTC 91-440 dated 10 July 1991 and CRTC 91-533 dated 24 July 1993, respectively relieving Halton of the requirement to distribute "La Chaîne" on the basic band and the signals of CHCH-TV Hamilton and CBLT and CFMT-TV Toronto on unrestricted channels, are also unnecessary as a consequence of the above-noted amendments to the regulations.

Interventions

Interventions in opposition to these applications were submitted by the Canadian Broadcasting Corporation (CBC) and The National Broadcast Reading Service Inc. (NBRS) (called Voice Print).

The CBC submitted an intervention regarding the licensee's distribution of Cable News Network (CNN), in the above-mentioned localities. It noted that Halton is not carrying Newsworld, the CBC's news and information specialty service in these communities, and that Newsworld was created to provide Canadians with a truly Canadian perspective of the news. The CBC also noted that Newsworld was designed to be able to provide extensive coverage of Canadian events of considerable interest to many Canadians, events that foreign news services such as CNN will never offer to Canadian audiences. In its view, cable operators who offer CNN to their subscribers should also distribute Newsworld.

In its reply to the intervention, Halton indicated that it would be prepared to offer Newsworld in an extended basic (discretionary) package, as it considers that subscribers should have the option to pay for this service.

NBRS submitted an intervention requesting the Commission to require the licensee, by condition of licence, to carry "Voice Print" on the basic service of its cable systems, rather than on the FM band service.

In its reply to NBRS' intervention, Halton indicated the unavailability of a television channel to carry "Voice Print", and its willingness to make one available as soon as technically feasible. Halton did, however, assure NBRS that it considers "Voice Print" as a valuable aid for many members of the public and that it will continue to provide this service as an FM band service to any subscriber who has a need for it.

The Commission notes that the services requested to be distributed on the basic service by the two interveners are not mandatory under the regulations; however, it encourages the licensee to explore ways of providing these two important Canadian services to its subscribers.

Allan J. Darling
Secretary General