ARCHIVED - Decision CRTC 95-238
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Ottawa, 17 May 1995
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Decision CRTC 95-238
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Câblevision du Nord de Québec Inc.
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Rouyn-Noranda (area), Quebec - 941355000
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New MDS radiocommunication distribution undertaking
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Following a Public Hearing held in the National Capital Region on 21 February 1995, the Commission approves the application for a licence to carry on a radiocommuni- cation distribution undertaking to serve the Rouyn-Noranda area.
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The Commission will issue a licence to Câblevision du Nord de Québec Inc. (Câblevision du Nord) expiring 31 August 1998, 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 undertakings of this type.
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This undertaking will distribute, in encrypted mode, rather than non-encrypted mode as had been indicated in CRTC Notice of Public Hearing 1994-19 dated 20 December 1994, the following programming services, by means of a multipoint distribution system (MDS), with an effective isotropic radiated power (EIRP) of 16 watts:
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Basic service/Service de base
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CKRN-TV (SRC) Rouyn
CFVS-TV-1 (TQS) Rouyn CIVA-TV-1 (SRTQ) Rouyn CITO-TV-2 (CTV) Kearns CFEM-TV (TVA) Rouyn WGTQ (ABC) Traverse City, Michigan WWVP (CBS) Cadillac, Michigan WDIV (NBC) Detroit, Michigan WTVS (PBS) Detroit, Michigan TV5 Québec Canada Inc. Le Canal Famille MusiquePlus Le Réseau des sports (RDS) Community programming/Programmation communautaire |
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Discretionary service/Service facultatif
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Premier Choix: TVEC Inc. (Super Écran)
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In the Notice of Public Hearing, CITO-TV-2 was incorrectly identified as being a transmitter of TVOntario rather than CTV.
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The Commission notes that the applicant proposes to distribute community programming.
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While the MDS policy does not contain provisions regarding the carriage of community programming, it states that the regulation of MDS should parallel that of cable systems. Accordingly, the applicant is required, by condition of licence, to satisfy the requirement of subsection 24(2) of the Cable Television Regulations, 1986 as long as it chooses to distribute community programming services.
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In approving this application, the Commission has taken into account the fact that the area to be served consists of isolated communities representing approximately 2,300 households.
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The Commission notes that the applicant proposes to charge a basic monthly fee of $24.95.
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The Commission notes that the applicant is also the licensee of a cable distribution undertaking serving Rouyn-Noranda and that this undertaking is within the proposed coverage area of the MDS undertaking approved herein.
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The Commission reminds Câblevision du Nord that, in accordance with the criteria set out in Public Notice CRTC 1993-76 entitled "Regulatory Policy for Multipoint Distribution Systems" with respect to the operation of joint MDS/cable undertakings, these undertakings may share technical and some other facilities, but a licensee must ensure that neither operation directly subsidizes the other.
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In order not to jeopardize the financial viability of neighbouring subscription-based systems, it is a condition of licence that the applicant shall not solicit or accept a subscription from, or make available equipment to decode its signals for use by, any person resident inside or outside of the area encompassed by the contours approved for the applicant by the Commission, when that person is resident
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a) within the authorized service area of any cable distribution undertaking licensed now or in the future, or
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b) within the area encompassed by the contours approved by the Commission for any other subscription-based broadcasting undertaking licensed now or in the future,
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unless the prior written consent of the licensee of the other undertaking or the prior approval of the Commission has been obtained or, in the case of a person residing inside the approved contours, that person had subscribed to the applicant's MDS service prior to the licensing of the other undertaking.
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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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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. In this regard, the Commission 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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The Commission notes that TVOntario submitted an opposing intervention resulting from the incorrect identification of CITO-TV-2 referred to above.
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Allan J. Darling
Secretary General |
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- Date modified: