ARCHIVED - Decision CRTC 94-918
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Decision |
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| Ottawa, 15 December 1994 | |
| Decision CRTC 94-918 | |
| Télé-Câble Charlevoix (1977) Inc. | |
| Saint-Donat and Saint-Gabriel (Rimouski), Quebec - 940811300 - 940830300 | |
Acquisition of assets |
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| Following a Public Hearing in Montréal beginning on 11 October 1994, the Commission approves the applications for authority to acquire the assets of the cable distribution undertakings serving Saint-Donat and Saint-Gabriel from Télécâble F.M. Inc., and for a broadcasting licence to continue the operation of these undertakings. | |
| The Commission also approves the application to remove the local head end at Saint-Donat and to interconnect that undertaking via optical fibre to the head end of the undertaking serving Saint-Gabriel. As a result of this interconnection, the Commission will issue one licence to Télé-Câble Charlevoix (1977) Inc. to serve the two communities, expiring 31 August 1996, upon surrender of the current licences for these undertakings. | |
| The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan and to better distribute the workload within the Commission. | |
| The operation of the undertaking 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 licence, as well as to any other condition specified in the licence to be issued. | |
| The cost of the transaction, which includes acquisition of the assets of the undertakings which are the subject of Decisions CRTC 94-918 to 94-921 of today's date, is $1,059,250. Based on the evidence filed with the application, 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 this application is in the public interest. | |
| 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 addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the applicant is authorized to distribute CFJP-TV (TQS) Montréal, received via satellite, as part of the basic service. | |
| The applicant has also 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 "shall distribute at least four television programming services, at least one of which is a Canadian programming service, delivered to the licensee's local head end by a relay distribution undertaking or by a network operator which or who is licensed to extend television and radio services to remote and underserved communities." | |
| 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. The Commission considers that the applicant has not provided convincing evidence to warrant an exemption from the requirement to distribute at least one Canadian CANCOM service. 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. | |
| 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. | |
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Allan J. Darling Secretary General |
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