ARCHIVED -  Decision CRTC 96-13

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Ottawa, 16 January 1996
Decision CRTC 96-13
Missinnippi River Native Communications Inc.
Pukatawagan, Manitoba - 951988500
New MDS radiocommunication distribution undertaking
Following a Public Hearing in the National Capital Region held on 7 November 1995, the Commission approves the application for a licence to carry on a radiocommu- nication distribution undertaking to serve Pukatawagan by means of a multipoint distribution system.
Subject to the requirements of this decision, the Commission will issue a licence to Missinnippi River Native Communications Inc., expiring 31 August 2002. This licence will be subject to the conditions specified in this decision and in the licence to be issued.
The applicant is a not-for-profit organization incorporated under the Manitoba Corporations Act.
In Public Notice CRTC 1993-76 entitled "Regulatory Policy for Multipoint Distribution Systems (MDS)", the Commission 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 case-by-case basis in rural and remote areas not served by a "local" commercial television station.
The Commission approves the applicant's request to distribute in non-encrypted mode. In approving this proposal, the Commission has taken into account the fact that that the area to be served is an isolated community of 250 households and that there are no commercial television stations in the area.
This undertaking will distribute, in non-encrypted mode, the following programming services, by means of a multipoint distribution system (MDS), with an effective isotropic radiated power (EIRP) of 0.9 watt:
CITV-TV (IND) Edmonton H3
CHCH-TV (IND) Hamilton G4
CHAN-TV (CTV) Vancouver F1
WDIV (NBC) Detroit E2
WTVS (PBS) Detroit F2
WXYZ-TV (ABC) Detroit, Michigan F3
WTOL-TV (CBS) Toledo, Ohio E3
Community programming/
Programmation communautaire E1
YTV Canada, Inc. (YTV) E4
MuchMusic F4
CBC Newsworld G1
The Sports Network (TSN) H1
Canadian Home Shopping Network (CHSN) G2
The Nashville Network (TNN) H2
New Country Network (NCN) G3
The Commission notes that the applicant proposes to distribute 12 to 14 hours of community programming focussing on health, education, and social issues unique and relevant to the residents of the Mathias Colomb Cree Nation band.
While the MDS policy does not contain provisions regarding the carriage of community programming, it states that the regulation of MDS should parallel that of cable undertakings. The Commission has considered the circumstances pertaining to this application and is of the view that it would be appropriate to apply the policy to it. Accordingly, the applicant is required, by condition of licence, to satisfy the requirements of subsection 24(2) of the Cable Television Regulations 1986.
The Commission notes that the applicant proposes to charge a basic monthly fee of $35.00.
This authority will only be effective and the licence will only be issued at such time as the construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed 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 construction and commence operation before the expiry of this period and that an extension of time is in the public interest, within such further period of time as is approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.
Allan J. Darling
Secretary General

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