ARCHIVED - Decision CRTC 95-253
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Ottawa, 25 May 1995
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Decision CRTC 95-253
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Robin Gagnon
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Albanel (part of), Quebec - 941488900
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New cable 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 by Robin Gagnon for a licence to carry on a cable distribution undertaking to serve part of Albanel. The operation of this undertaking will be regulated pursuant to Parts I and III of the Cable Television Regulations, 1986 (the regulations).
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The Commission will issue a licence 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 Part III cable distribution undertakings.
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The Commission notes that the applicant proposes to distribute the programming service of WDIV (NBC) Detroit, Michigan, received via satellite from the CANCOM network, as well as Cable News Network (CNN), a Part III eligible non-Canadian satellite service.
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In this regard, the applicant has requested an exemption from the requirement of section 23 of the regulations. The Commission has considered the applicant's request and has determined that an exemption from section 23 would not be warranted if the applicant proposes to distribute two U.S. services.2
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The Commission however approves the applicant's request with respect to section 23 of the regulations so long as it distributes only WDIV (NBC) Detroit. Accordingly, it is a condition of licence that the applicant be relieved of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only one U.S. television service or only those as may be authorized by the Commission.
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The Commission expects the applicant to delete CNN from its distribution list or to comply with the four-signal requirement of section 23. The applicant is required to file, within three months of the date of this decison, a report confirming which of these two options it has chosen.
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In addition, the Commission notes that, in reply to the intervention by the Canadian Broadcasting Corporation wherein the CBC noted that the applicant proposed to distribute CNN but did not propose to carry le Réseau de l'information or Newsworld, the CBC's specialty news services, the applicant indicated that it would be willing to replace CNN with le Réseau de l'information. The Commission welcomes the applicant's response in this regard as it recognizes the importance that the Commission attaches to giving Canadian programming services the widest possible distribution.
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With respect to the proposed rates, although the Commission does not regulate the rates of Part III cable distribution undertakings, it notes that the applicant has proposed a monthly subscriber fee of $19.75.
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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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Allan J. Darling
Secretary General |
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