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ARCHIVED -  Decision CRTC 95-328

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Decision

Ottawa, 14 June 1995
Decision CRTC 95-328
Cable Labrador Limited
Happy Valley, Spruce Park and Hamilton Heights (Labrador), Newfoundland - 941101800
Licence renewal
Following a Public Hearing in Halifax beginning on 4 April 1995, the Commission renews the licence held by Cable Labrador Limited for the cable distribution undertaking serving Happy Valley, Spruce Park and Hamilton Heights, from 1 September 1995 to 31 August 1998.
This three-year term will enable the Commission to monitor closely the licensee's handling of subscriber complaints during the new licence term.
The operation of this undertaking is regulated pursuant to Parts I and III 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 the programming of the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
The licensee is also authorized to continue to distribute the radio and television and programming service of Deutsche Welle, received via satellite, as a special programming service, as long as no advertising material is included in this programming service.
During the current licence term, the Commission received a number of complaints against Cable Labrador Limited from Dean Clarke, Chairman of the Committee for Fair Cable Practices, and Val Bourque. Mr. Clarke also submitted an intervention opposing Cable Labrador Limited's application for licence renewal.
Messrs Clarke and Bourque complained against the licensee's action taken in August 1993 when it discontinued the undertaking's unscrambled discretionary tier, consisting of five U.S. services and incorporated them as well as four additional services in an expanded basic service. At the same time, the licensee increased the monthly fee charged to each subscriber for basic service from $26.95 to $33.90.
In response to these complaints, the licensee stated that it had decided to offer all its services in one package so that it could eliminate the undertaking's outdated mechanical trap system currently used to deliver two separate packages to its subscribers. The licensee further stated that it plans to convert to digital video compression which will allow it to offer its subscribers a variety of packages of services at different prices.
The Commission notes that, as a Part III licensee, Cable Labrador Limited is not subject to the distribution and linkage requirements set out in Public Notice CRTC 1994-60 dated 6 June 1994 for cable licensees holding a Class 1 licence, or a Class 2 licence for a system with 2,000 or more subscribers. Accordingly, the licensee can elect to discontinue its discretionary tier and add these services to the basic service.
Nevertheless, the Commission expects all cable licensees to respond sensitively to the concerns of their subscribers. The Commission notes that, in view of the changing technologies in the communications field, cable licensees will be operating in a more competitive environment in the near future. Accordingly, the Commission considers that cable licensees should become even more responsive to their subscribers. The Commission, therefore, encourages the licensee to work together with the Committee to satisfy the concerns of subscribers.
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 licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
Allan J. Darling
Secretary General

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