ARCHIVED -  Decision CRTC 96-407

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Ottawa, 14 August 1996
Decision CRTC 96-407
1105145 Ontario Inc. (formerly Trillium Cable Communications Limited)
Windsor, Amherstburg, Belle River, Essex, La Salle/Sandwich West and South, St. Clair Beach and Tecumseh, Ontario - 951067800
Licence renewal
Following Public Notice CRTC 1996-46 dated 27 March 1996, the Commission renews the Class 1 licence held by 1105145 Ontario Inc., for the cable distribution undertaking serving the above-noted communities, from 1 September 1996 to 31 August 2002.
The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting Act, will enable the Commission to consider the next licence renewal of this undertaking in accordance with the Commission's regional plan and to better distribute the workload within the Commission. The term is not reflective of any Commission concern regarding the licensee's performance.
The operation of this undertaking is regulated pursuant to Parts I, II and IV 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.
Pursuant to paragraph 10(1)(l) of the regulations, the licensee is authorized to continue to distribute, at its option, the programming services of WTOL-TV (CBS), WTVG-TV (NBC), WDHO-TV (ABC) and WGTE-TV (PBS) Toledo, Ohio, received over-the-air, as part of the basic service. The Commission notes that the licensee has been distributing these duplicate U.S. network signals on its undertaking for many years.
It is a condition of licence that the distribution of WXON-TV (IND) Detroit, Michigan be deleted during those time periods when pay television programming is distributed and that, during those time periods, the licensee shall substitute appropriate non-advertising material, that is, material promoting the licensee's authorized services, promoting programs transmitted by Canadian stations, identifying the channel or consisting of public service announcements.
Consistent with Decision CRTC 95-501 dated 28 July 1995, the licensee is authorized, by condition of licence, to insert, at its option, certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the local availabilities may be made available for the promotion of discretionary programming services and packages, customer service information, channel realignments, cable FM service and additional cable outlets.
Consistent with Decision CRTC 91-723 dated 4 September 1991, by condition of licence, the licensee is relieved of the requirement of section 9 of the regulations that it distribute TFO, the French-language educational television programming service operated by TVOntario, on the basic band (channels 2 to 13), so long as the service is distributed as part of the basic service.
The Commission notes that the licensee is controlled by Shaw Communications Ltd. (Shaw). With respect to the development of community programming, the Commission draws to Shaw's attention that, in Decision CRTC 95-57 dated 17 February 1995, it noted that, for each of its undertakings, Shaw will meet or exceed the Commission's policy guideline announced in Public Notice CRTC 1991-59, that 5% of base portion revenues be devoted to the operation of the community channel, exclusive of capital expenditures.
In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Imple-mentation 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.
This decision is to be appended to the licence.
Allan J. Darling
Secretary General

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