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ARCHIVED -  Decision CRTC 94-782

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Decision

Ottawa, 29 September 1994
Decision CRTC 94-782
Télé-Câble Charlevoix (1977) Inc.
Armagh; Saint-Philémon; Saint-Édouard-de-Lotbinière; Sainte-Perpétue/Tourville, Quebec- 940390800 - 940669500 - 940389000 - 940388200

Acquisition of assets

Following a Public Hearing in the National Capital Region on 18 August 1994, the Commission approves the applications for authority to acquire the assets of the cable distribution undertakings serving Armagh, Saint-Philémon, Saint-Édouard-de-Lotbinière and Sainte-Perpétue/Tourville from Télé-Câble Multi-Vision Inc., and for broadcasting licences to continue the operation of these undertakings.
The operation of these undertakings will be regulated pursuant to Parts I and III of the Cable Television Regulations, 1986 (the regulations). The authority granted herein is subject to the same conditions as those in effect under the current licences, as well as to any other condition specified in this decision and in the licences to be issued.
The price of the transaction is $1,054,500. Based on the evidence filed with the applications, the Commission has no concerns with respect to the availability or the adequacy of the required financing and is satisfied with the benefits flowing from this transaction. Moreover, the Commission is of the view that approval of these applications is in the public interest.
Further, the Commission reminds the purchaser of its longstanding policy that subscribers should not be required to pay higher fees merely because the ownership or control of a cable system has changed hands.
In Public Notice CRTC 1992-59, the Commission announced implementation of its employment equity policy. It advised licensees that, at the time of licence renewal or upon considering applications for authority to transfer ownership or control, it would review with applicants their practices and plans to ensure equitable employment. In keeping with the Commission's policy, it encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
Armagh and Saint-Philémon
The Commission approves the application to delete the local head end at Armagh and to interconnect that undertaking via optical fibre to the head end of the undertaking serving Saint-Philémon. As a result of this interconnection, the Commission will issue one licence to serve the above-noted localities, expiring 31 August 2001, upon surrender of the current licences for the undertakings serving Armagh and Saint-Philémon.
Saint-Édouard-de-Lotbinière
The Commission will issue a licence to the applicant, expiring 31 August 2001, upon surrender of the current licence.
The Commission approves the application to add a distant head end in order to interconnect with Vidéotron Ltée's Intervision (Québec) Inc. network, via the distant head end located at Lotbinière. The Commission notes that the applicant will maintain the local head end at Saint-Édouard-de-Lotbinière.
In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the applicant is authorized to distribute CFCF-TV and CFTU-TV Montréal, WVNY (ABC) and WCAX-TV (CBS) Burlington, Vermont as well as WPTZ (NBC) and WCFE-TV (PBS) Plattsburgh, New York, received via microwave at the Lotbinière distant head end, as part of the basic service.
The Commission approves, by condition of licence, the applicant's request to be relieved from the requirement of subsection 22(1) of the regulations that it distribute the local signal CKTM-TV (CBC) Trois-Rivières on the basic band. The Commission notes that the applicant will distribute this signal on channel 26, and will distribute the signal of CBVT (CBC) Quebec City, a regional signal, on the basic band.
In Decision CRTC 94-781 of today's date, the Commission has approved the application by Télé-Câble Multi-Vision Inc. to change the licensed area for this undertaking.
Sainte-Perpétue/Tourville
The Commission will issue a licence to the applicant, expiring 31 August 2001, upon surrender of the current licence.
The applicant has asked to be relieved from the requirement of section 23 of the regulations which stipulates that a Part III licensee wishing to distribute any pay television, specialty or Part III eligible non-Canadian satellite service must 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 programming service".
The Commission notes that, while the applicant proposes to distribute three U.S. services from the CANCOM network, it does not propose to distribute a Canadian CANCOM service. In the Commission's view, the applicant has not provided convincing evidence that an exemption from the requirement to distribute at least one Canadian CANCOM service is warranted. Accordingly, it denies this proposal. The applicant is therefore required to advise the Commission, within three months of the date of this decision, as to which Canadian CANCOM service it is distributing and to confirm that it has complied with the requirements of the regulations.
The Department of Industry, Science and Technology has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of two years only, expiring 31 August 1996. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to subsection 22(1) of the Broadcasting Act pertaining to the technical certification of broadcasting undertakings and to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect.
Allan J. Darling
Secretary General

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