ARCHIVED -  Decision CRTC 96-722

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Decision

Ottawa, 29 October 1996
Decision CRTC 96-722
Transvision Paré inc.
Ascot Corner, Quebec - 952978500
Licence amendments
Following Public Notice CRTC 1996-75 dated 7 June 1996, the Commission approves the application to amend the broadcasting licence for the cable distribution undertaking serving Ascot Corner as follows:
-  by adding a condition of licence relieving the licensee of the requirement of section 9 of the Cable Television Regulations, 1986 (the regulations) to distribute the priority television service CBMT-3 (CBC) Sherbrooke; the licensee will distribute instead CBMT (CBC) Montréal, received via optical fibre from Vidéotron ltée, Sherbrooke;
-  by adding a condition of licence relieving the licensee of the requirement of subsection 16(2) of the regulations to distribute the priority radio services CBF-FM-2, CIMO-FM-1 and CITE-FM-2 Sherbrooke; the licensee will distribute instead CBF-FM Montréal, CIMO-FM Magog and CITE-FM-1 Sherbrooke, received via optical fibre from Vidéotron ltée;
-  by authorizing the licensee to distribute WUTV-TV (FOX) Buffalo, New York, received via optical fibre from Vidéotron ltée, on a discretionary tier;
-  by authorizing the licensee to distribute CBFT (CBC) and CBMT (CBC) Montréal received via optical fibre from Vidéotron ltée, as part of the basic service.
In addition, the Commission authorizes the licensee to distribute the U.S. radio services WHOM-FM Auburn, Maine, WEZF-FM Burlington and WVPS-FM Colchester, Vermont, received via optical fibre from Vidéotron ltée, as part of the basic service. In approving this request, the Commission has taken into consideration the fact that, while these services will be received via optical fibre, they have been received, and are still receivable, over the air at the local head end of the undertaking and that this request does not constitute a request for additional services but a change in means of reception. Accordingly, the Commission is satisfied that an exception to its policy concerning the distribution of non-Canadian audio services is warranted in this case.
The Commission notes that the licensee had also requested authority to distribute WCPK-FM Portland, Maine, also received via optical fibre from Vidéotron ltée, as part of the basic service.
In an intervention to this application, the Canadian Independent Record Production Association (CIRPA) opposed the distribution of WCPK-FM arguing that this U.S. signal must be received over the air at the local head end of the undertaking.
In reply to the CIRPA intervention, the licensee confirmed that WCPK-FM was in fact received over the air at its local head end and that it will continue to distribute the signal received in that manner to satisfy regulatory requirements.
In view of the above, the licensee's proposal to distribute WCPK-FM, received over the air at the local head end, does not require authorization by the Commission.
This decision is to be appended to the licence.
 Allan J. Darling
 Secretary General

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