ARCHIVED -  Decision CRTC 95-83

Decision

See also: 95-83-1

Ottawa, 1 March 1995

Decision CRTC 95-83

Temsat Inc.

Trois-Pistoles and the rural area including Saint-Mathieu and Saint-Hubert, Quebec - 940651300

New MDS radiocommunication distribution undertaking

Following a Public Hearing in Montréal beginning on 11 October 1994, the Commission approves the application for a licence to carry on a radiocommunication distribution undertaking to serve the above-noted communities, by means of a multi-point distribution (MDS) system.

The Commission will issue to Temsat Inc. (Temsat), a licence expiring 31 August 1997, 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.

Temsat is 100% controlled by Raymond Laforest. The Commission notes that Mr. Laforest wholly owns Cablevision T.R.P. Inc., licensee of cable distribution undertakings serving Trois-Pistoles and the area; Saint-Jean-de-Dieu; Saint-Mathieu and Saint-Simon; Saint-Arsène and Saint-Épiphane and that these undertakings are within the proposed coverage area of the MDS undertaking approved herein.

The Commission reminds Temsat 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 joing MDS/Cable undertakings, these undertakings may share technical and some other facilities, but a licensee must ensure that neither operation directly subsidizes the other.

In that public notice, the Commission also indicated that while it expects that most MDS operations will transmit exclusively in the encrypted mode, it would, in certain circumstances, consider applications for non-encrypted transmission on a casse-by-case basis in rural and remote areas not served by a "local" commercial television station.

In this regard, the Commission notes that Trois-Pistoles is not a rural and remote ara and is served by many regional and extra-regional stations. The Commission therefore denies the applicant's request to distribute, in non-encrypted mode, the signals of CKRT-TV (SRC), CIMT-TV (TVA), CFTF-TV (TQS), Rivière-du-Loup and CIVB-TV (SRTQ) Rimouski, as well as the electronic bulletin board. Accordingly, the Commission expects Temsat to distribute all signals in the encrypted mode.

This undertaking will distribute, in encrypted mode, the following programming services, with an effective isotropic radiated power (EIRP) of 54.5 watts:

CKRT-TV (SRC) Rivière-du-Loup
CIMT-TV (TVA) Rivière-du-Loup
CFTF-TV (TQS) Rivière-du-Loup
CIVB-TV (SRTQ) Rimouski
TV5 Québec Canada Inc.
Le Canal Famille
MusiquePlus
Le Réseau des sports (RDS)
The Sports Network (TSN)
YTV Canada, Inc.
WTBS (IND) Atlanta, Georgia
The Nashville Network
Electronic bulletin board/Babillard électronique
Discretionary service/service facultatif:
Premier Choix: TVEC Inc. (Super Écran)

In its application, Temsat proposed to distribute Country Music Television. The Commission reminds the applicant that this service no longer appears on the "Lists of Eligible Satellite Services" (Appendices to Public Notice CRTC 1995-8 dated 19 January 1995) and its distribution is accordingly denied. However, the applicant may, at its option, distribute the programming service of The Country Network.

The Commission notes that the applicant proposes to charge a basic monthly fee of $24.95 per subscriber.

The Commission's policy is that an MDS should not be permitted to jeopardize the financial viability of neighbouring subscription-based systems. Accordingly, 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

a) within the authorized service area of any cable distribution undertaking licensed now or in the future, or

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, unless the prior written consent of the applicant or licensee of the other undertaking or the prior approval of the Commission has been obtained or, in the case of a peson residing inside the approved contours, that person had subscribed to the applicant's MDS service prior to the licensing of the other undertaking.

It is a condition of this licence that constructionof 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.

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. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

The Commission acknowledges the concerns expressed in the intervention by Télé-Inter Rives Ltée, licensee of CIMT-TV, CKRT-TV and CFTF-TV Rivière-du-Loup, with respect to the quality of reception of the regional and extra-regional signals of its stations.

Allan J. Darling
Secretary General