ARCHIVED - Decision CRTC 94-628
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Ottawa, 16 August 1994
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Decision CRTC 94-628
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Elie Communitec Ltd.
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Elie and St. Eustache, Manitoba - 932349400 - 940047400
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Licence renewal
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Following a Public Hearing in Saskatoon beginning on 6 June 1994, the Commission renews the Class 2 (fewer than 2,000 subscribers) licence held by Elie Communitec Ltd. (Communitec), for the cable distribution undertaking serving Elie and St. Eustache, from 1 September 1994 to 31 August 1996, subject to the conditions specified in this decision and in the licence to be issued.
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This term will allow the Commission to assess at an early date the licensee's compliance with the Cable Television Regulations, 1986 (the regulations) and with all conditions of its licence.
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As a consequence of amendments to the regulations announced in Public Notice CRTC 1994-7 dated 3 February 1994, the operation of this Class 2 cable distribution undertaking with fewer than 2,000 subscribers is now regulated pursuant to Parts I and III of the regulations, with the exception of the requirements stipulated in section 23.
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As a part of its renewal application, Communitec requested to be relieved of the requirement to distribute the local service of CHMI-TV Portage La Prairie/Winnipeg as part of the basic service of the Elie portion of the undertaking, pursuant to paragraph 22(1)(a) of the regulations. The Commission notes that CHMI-TV is distributed on the portion of the system serving St. Eustache.
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The above-noted application is the second request submitted by Communitec, for such an exemption at Elie. A similar request was denied in Decision CRTC 91-537 dated 24 July 1991, which also renewed the licence for the two locations until 31 August 1994. In that decision, the Commission noted that although CHMI-TV is carried on the system at St. Eustache, the licensee had presented no compelling argument to warrant an exemption to the requirement to distribute CHMI-TV at Elie. The Commission made it clear in that decision that the licensee should take steps to distribute the required signals, thereby bringing the Elie system into compliance with the regulations.
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An intervention to the current request was submitted by Craig Broadcast Systems Inc. (Craig), licensee of CHMI-TV. Craig noted that the CHMI-TV signal is still not being distributed on the Elie portion of the system.
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In response to the intervention, and in support of its request, the licensee stated that it was financially impossible for it to add the CHMI-TV signal at Elie at this time.
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With respect to the current exemption request, the Commission remains unconvinced that an exemption to the requirement to distribute CHMI-TV at Elie is warranted. The exemption request is accordingly denied.
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The Commission views with great concern the licensee's failure to comply with the regulations, and expects the licensee to take all necessary steps to bring its entire system into compliance with the regulations immediately. In this regard, the Commission requires the licensee to submit a report detailing these steps, within three months of the date of this decision.
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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 to continue to distribute, at its option, KGFE (PBS) Grand Forks and WDAZ-TV (ABC) Devils Lake, North Dakota, received via microwave, as part of the basic service at Elie.
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The licensee's proposal to continue to distribute WJBK-TV (CBS) and WDIV (NBC), Detroit, Michigan in Elie and St. Eustache, and WTVS (PBS) and WXYZ-TV (ABC) Detroit in St. Eustache is consistent with the amended regulations and no longer requires authorization.
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It is a condition of licence that the licensee be relieved of the requirement of section 4 of the regulations that requires the licensee to own and operate amplifiers and the outside wiring portion of the subscriber drops.
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It is also a condition of licence that the system share in the joint use of a distant head end located at Tolstoi, Manitoba.
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Allan J. Darling
Secretary General |
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- Date modified: