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ARCHIVED -  Decision CRTC 95-803

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Decision

Ottawa, 6 November 1995
Decision CRTC 95-803
Canadian Satellite Communications Inc. (Cancom)
Across Canada - 940931900 - 941913600 - 950121400 - 951177500
Addition of signals
Following Public Notices CRTC 1995-85 and 1995-130 dated 25 May 1995 and 3 August 1995 respectively, the Commission approves the applications to amend the broadcasting licence to carry on a multiple-channel television and radio broadcasting relay distribution undertaking by adding CFMT-TV (IND) Toronto, CFCF-TV (CTV) and CFJP-TV (TQS) Montréal, as well as WCVB-TV (ABC) and WBZ-TV (CBS) Boston, Massachusetts, to the list of signals that Cancom is authorized to distribute.
The Commission notes that CFMT-TV, CFCF-TV and CFJP-TV are added to the list of the Part III Eligible Canadian Satellite Services (Part III Canadian list) only, while WCVB-TV and WBZ-TV are added to both the list of Part II Eligible Satellite Services and the Part III Canadian list.
Cancom was authorized, on 9 March 1994, to distribute the NBC affiliate WBZ-TV, which has since changed its affiliation to CBS. The Commission reminds licensees of cable distribution undertakings that they may not distribute a duplicate signal of a commercial U.S. network, received from Cancom, unless otherwise authorized pursuant to a condition of licence.
The Commission also reminds licensees holding Class 1 licences, or Class 2 licences for undertakings that have between 2,000 and 6,000 subscribers, that prior Commission approval is required to add these U.S. signals or substitute them for other ABC and CBS signals, as part of the basic service of their undertakings.
In Public Notice CRTC 1995-189 of today's date entitled "Revised Lists of Eligible Satellite Services", the Commission has amended the lists of the Part II and Part III Eligible Satellite Services accordingly.
The Commission acknowledges an opposing intervention submitted by Atlantic Television System (ATV), a division of CHUM Limited, suggesting that restrictions be imposed with respect to the distribution of CFCF-TV. The Commission is satisfied with the licensee's reply to the intervention and notes that the distribution of CFCF-TV is subject to a restriction which requires that where a Part III cable licensee is also distributing the signal of a local CTV affiliate, it shall delete the duplicate programming from the Cancom service or substitute the local service when the programming is identical.
The Association des câblodistributeurs du Québec Inc. (ACQ) submitted an intervention supporting the application by Cancom to distribute CFMT-TV, CFCF-TV and CFJP-TV, conditional upon the delivery of CFJP-TV free of charge to those undertakings in Quebec which already receive it via satellite. The ACQ also requested that the decoders required to distribute the CFJP-TV signal to subscribers be provided free of charge to cable undertakings.
In reply to the intervention, Cancom indicated its willingness to continue to deliver CFJP-TV free of charge until 31 August 1998 to those undertakings in Quebec which already receive it via satellite. However, Cancom indicated that it should not be required to provide decoders free of charge, particularly to those undertakings which may receive CFJP-TV free of charge. Nevertheless, Cancom indicated its willingness to discuss with any cable affiliate the leasing terms on which it might provide them with the use of decoders for the reception of CFJP-TV.
The Commission is satisfied with the licensee's reply to this intervention and accordingly, the Commission expects CANCOM to adhere to its commitment to provide CFJP-TV free of charge to cable distribution undertakings in Quebec which currently receive this signal via satellite until 31 August 1998. The Commission also encourages Cancom to extend this offer to undertakings operating outside of Quebec which are currently authorized to distribute CFJP-TV.
The Commission also acknowledges interventions received in support of Cancom's application to add the distribution of WBZ-TV and WCVB-TV.
Allan J. Darling
Secretary General

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