ARCHIVED -  Decision CRTC 96-546

Decision

Ottawa, 28 August 1996

Decision CRTC 96-546

Global Communications Limited

Cornwall, Ontario - 951737600

Licence amendment for CIII-TV

Following a Public Hearing held in the National Capital Region beginning on 15 April 1996, the Commission approves the application to amend the broadcasting licence issued to Global Communications Limited (Global) for the television programming undertaking CIII-TV (the originating station), by authorizing the licensee to add a transmitter at Cornwall. For the reasons discussed below, the Commission denies Global's request for use of the VHF channel 11 at Cornwall.

Global's application was technically mutually exclusive with an application by Niagara Television Limited (Niagara) to establish a rebroadcasting transmitter of CHCH-TV at Ottawa on channel 11. In Decision CRTC 96-544 also released today, the Commission approved Niagara's application and authorized it to use channel 11. The Commission considers that Niagara's proposed transmitter, which will serve over a million viewers in the National Capital Region, represents a more effective use of the frequency spectrum than does Global's proposed transmitter, which would have, under the technical parameters proposed in the application, reached approximately 68,000 persons.

As discussed with Global at the hearing, there are currently five unused UHF television channels available for assignment at Cornwall. Global acknowledged that, if it were required to do so, it could establish a UHF transmitter with a coverage area equivalent to that proposed in its VHF channel 11 application. The Commission, therefore, directs Global to submit, within six months of the date of this decision, an amendment to the proposed technical parameters predicated on such use of one of the available UHF television channels at Cornwall.

Background

The Commission originally licensed Global to provide a regional service to southern Ontario (Decision CRTC 72-224). In 1992, recognizing that Global's service was available via cable to many Ontario viewers outside southern Ontario as well as the licensee's efforts to extend coverage of its signal to the province as a whole, the Commission, in Decision CRTC 92-220, expanded Global's mandate "to encompass responsibility to meet the needs and to reflect the concerns of residents of Ontario".

In Decision CRTC 92-220, the Commission also denied Global's request to establish a rebroadcasting transmitter at Maxville. The Commission expressed concern that the proximity of the proposed Maxville transmitter to the local head ends of cable undertakings serving subscribers in the greater Montréal area would make it possible for those systems to pick up CIII-TV's signal for carriage on a discretionary basis. In addition, the Commission noted that those Montréal head ends also served as distant or remote head ends for cable systems serving other parts of Québec.

Current Application

In support of its present application, Global stated that it has been licensed to provide a regional service to all parts of Ontario, including eastern Ontario. Global argued that, while its signal is currently available to 94% of homes in Ontario, viewers in the Cornwall area do not receive an adequate, over-the air signal. According to Global, the extension of its over-the-air signal to residents of eastern Ontario is part of its mandate as a regional Ontario service.

Global acknowledged the Commission's historical concerns enunciated in Decision CRTC 92-220 regarding the possible spill-over of CIII-TV's signal into Québec and the consequent effect on the Montréal market. However, Global argued that, in the present application, it is proposing to operate a transmitter that has been designed as a lower power operation to minimize any impact on Québec. Specifically, Global stated that the "B-contour of [the] proposed signal at Cornwall does not encompass any Québec cable system headend".

Global further noted that, in accordance with the Commission's policy on distant Canadian signals set out in Public Notice CRTC 1993-74 dated 3 June 1993 and entitled "Structural Public Hearing", Class 1 cable systems can no longer distribute distant Canadian signals without the Commission's prior approval. Moreover, Global affirmed that it would object to any request by the licensee of a Montréal-based cable system to distribute CIII-TV.

The Commission's Findings

The Commission notes that the only Québec cable system that has a head end located within 32 kilometres of the B contour of the Cornwall transmitter, as proposed, is a small undertaking located outside the greater Montréal area. Accordingly, in approving this application, the Commission is satisfied that a transmitter with a coverage area equivalent to that proposed in Global's VHF channel 11 application will have minimal effect on Québec. Furthermore, the Commission notes that, as a distant signal relative to the Montréal market, CIII-TV cannot be distributed by cable systems in Montréal without prior Commission approval. The Commission also has taken into consideration the strong support for a CIII-TV transmitter located at Cornwall expressed in the many supporting interventions submitted by community leaders and residents of that area.

The Commission acknowledges the interventions submitted in opposition to this application and is satisfied with Global's responses thereto.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General