ARCHIVED -  Decision CRTC 95-295

Decision

Ottawa, 7 June 1995

Decision CRTC 95-295

Bragg Communications Incorporated

Bridgewater, Blockhouse, Lunenburg and surrounding areas, Nova Scotia - 941154700 - 942041500

Licence renewal and amendment

Following a Public Hearing in Halifax beginning on 4 April 1995, the Commission renews the Class 1 1icence held by Bragg Communications Incorporated (Bragg), for the cable distribution undertaking serving Bridgewater, Blockhouse, Lunenburg and surrounding areas, from 1 September 1995 to 31 August 2002.

The operation of this undertaking is regulated pursuant to Parts I and II of the Cable Television Regulations, 1986 (the regulations) and the licence will be subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.

In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to continue to distribute, at its option, WTVS (PBS), WXYZ-TV (ABC) and WDIV (NBC) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service.

In its renewal application, the licensee had also proposed to continue to distribute the signal of WJBK-TV Detroit, received via satellite from CANCOM. This station, however, is no longer a CBS affiliate and is no longer distributed by CANCOM. Instead, CANCOM has been authorized to carry WTOL-TV (CBS) Toledo, Ohio (Decision CRTC 94-897 dated 28 November 1994). In Public Notice CRTC 1995-82 dated 19 May 1995, the Commission announced an application by CANCOM, acting as an agent for Bragg, to amend Bragg's licence by deleting the condition of licence authorizing the distribution of WJBK-TV and by adding a condition of licence authorizing the distribution of WTOL-TV, received via satellite from the CANCOM network, as part of the basic service.

The licensee is also authorized, by condition of licence, to continue to distribute the programming service of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.

The Commission notes that Bragg made a commitment to distribute local station CKBW Bridgewater as part of its audio services, and to relocate priority station CBHA-FM Halifax to an unrestricted audio channel.

The Commission reaffirms the particular importance it attaches to the development of community programming. In Public Notice CRTC 1991-59 dated 5 June 1991 and entitled "Community Channel Policy", the Commission announced, as a policy guideline, a funding benchmark of 5% of base portion revenues for licensees of Class 1 cable systems and large Class 2 cable systems. The Commission also stated that it would assess the financial contributions of cable licensees to community programming on a case-by-case basis.

The Commission notes that, during the current licence term, Bragg's expenditures on community programming were less than 5% of its base portion revenues. At the hearing, however, Bragg advised the Commission that, since filing its application for licence renewal, it has increased its expenditures on community programming. Bragg also made a commitment to spend a minimum of 5% of its base portion revenues on community programming during the new licence term. The Commission requires Bragg to submit, within three months of the date of this decision, revised projections for its expenditures on community programming for the new licence term.

At the hearing, Bragg stated that it has assigned an additional staff person with half-time responsibility for community programming and indicated that it expects this position to become full-time as its community programming increases. Bragg reported that, currently, it distributes five hours of community programming each evening. It indicated that, in May 1995, it would introduce "Take 2", a new program that would report on local events.

Bragg also noted that it now offers training for volunteers, which has proven successful in attracting more participation from the community and in generating more exciting programming. In addition, Bragg stated that, through the use of spliced fibre technique, it can now distribute live programming on its community channel from the various communities served by its system.
The Commission encourages the licensee to continue its efforts to develop community programs that reflect community interests and concerns.

Section 14(1) of the regulations requires that a cable licensee maintain program logs for the programming it distributes on its community channel. In the summer of 1994, the Commission monitored the operation of Bragg's community channel. The Commission's analysis of this programming revealed that the licensee was not keeping program logs for its community channel. In response to a letter from the Commission calling the licensee's attention to this non-compliance, Bragg stated that it would implement a system to properly log the programming on its community channel.

At the hearing, the licensee described the steps it has since taken to ensure compliance with the regulations. Specifically, Bragg stated that "everything that goes on the air is recorded, including one rotation of our community notice board". Bragg also indicated that the community channel's program director is responsible for checking that the logs are complete.

In a separate application considered at the 4 April hearing, Bragg requested a licence amendment to change the licensed area for the cable distribution undertaking serving Bridgewater, Blockhouse, Lunenburg and surrounding areas by including Rose Bay, Riverport, Lower Rose Bay, Kingsburg, Upper Kingsburg, Lower LaHave, East LaHave, Middle LaHave, Indian Path, Bayport, Feltz South, Pentz, LaHave, Dublin Shore, West Dublin, Crescent Beach and adjoining areas. The Commission approves this application.

The Commission notes that part of the area included in Bragg's authorized service area, as herein extended, encompasses all of the area within the official Grade B contour of the radiocommunication distribution undertaking currently licensed to Riverport Satellite T.V. Limited (RSTV) to serve LaHave, Riverport and surrounding areas. In Decision CRTC 95-296 released today, the Commission announced that it will not renew the licence issued to RSTV for that undertaking, for the reasons set out in that decision.

In approving Bragg's application to extend its authorized service area, the Commission has taken into consideration the supporting interventions submitted by the Committee for Improved TV Service in Riverport, LaHave and Surrounding Area (the Committee) and by five individual subscribers of RSTV's service.

All the interveners stated that RSTV had been providing unacceptable service and that, for this reason, they supported awarding this service area to Bragg. When questioned at the hearing regarding the possible reaction of residents in the affected areas who will be without any service between the time RSTV's licence expires and the time that the cable service is implemented, the Committee stated:

 It is not ideal, but what other choice do we have? We cannot go on with what we have because to lose it for four or five months is not nearly as bad as having to do with the system that we have now year round.

The Commission notes in this regard that, when asked at the hearing when it would be able to implement cable service in the extended area approved herein, Bragg stated:

 We guarantee we will have it done before Christmas ... by the first of December guaranteed.

This approval is subject to the requirement that construction in the extended area be completed and the extended system be in operation within twelve months of the date of this decision or, where the licensee applies to the Commission within this period and satisfies the Commission that it cannot complete the construction and commence operations throughout the extended system before the expiry of this period and that an extension is in the public interest, within such further periods of time as are approved in writing by the Commission.

Should construction not be completed within the twelve-month period stipulated in this decision or, should the Commission refuse to approve an extension requested by the licensee, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.

The Commission notes that the subscribers in the extended area will be offered the same programming services and will be charged fees identical to those in the current licensed service area.

The Commission acknowledges the intervention submitted by RSTV opposing Bragg's application to extend its authorized service area.

Allan J. Darling
Secretary General