ARCHIVED - Decision CRTC 96-738
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Ottawa, 8 November 1996
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Decision CRTC 96-738
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Câblodistribution G. inc.
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Gaspé and surrounding area; Barachois and surrounding area; Bonaventure, Saint-Siméon and Caplan; Cloridorme, Pointe-à-la-Frégate, Petite-Anse and Saint-Yvon; Grande-Vallée and Petite-Vallée; New Carlisle and surrounding area; Rivière-au-Renard and surrounding area; Saint-Alphonse-de-Caplan and Mercier-de-Caplan, Quebec - 199603809 - 199601274- 199601282 - 199606308 - 199601290 - 199601315 - 199601308 - 199606290
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Interconnections and licence amendments
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Following Public Notice CRTC 1996-81 dated 12 June 1996, the Commission approves the applications for authority to delete the local head ends at Barachois, Bonaventure, Grande-Vallée, New Carlisle and Rivière-au-Renard, and to interconnect all of the above-noted undertakings to the cable distribution undertaking serving Gaspé and surrounding area. The Commission notes that the undertaking serving Cloridorme, Pointe-à-la-Frégate, Petite-Anse and Saint-Yvon was interconnected to the head end located at Grande-Vallée and the undertaking serving Saint-Alphonse-de-Caplan and Mercier-de-Caplan was interconnected to the head end located at Bonaventure.
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In cases of interconnection, it has been the Commission's general practice to expect the licensee to reduce monthly fees for the basic service by an amount equivalent to the direct cost savings related to the interconnection.
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In this regard, the Commission notes that the licensee has proposed monthly subscriber fees of $23.49 for Bonaventure and New Carlisle and their respective areas and $22.49 for Barachois, Gaspé, Grande-Vallée and Rivière-au-Renard and areas. After analysis of the information provided by the licensee, the Commission is satisfied that no fee reductions are required as a result of the interconnections approved herein.
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The Commission notes however that the licensee has included, in its costs for existing and proposed service packages, an amount of $0.05 for distribution of Canadian Public Affairs Channel Inc. (CPAC). The Commission draws the licensee's attention to the decision renewing the licence for CPAC (Decision CRTC 95-22 dated 20 January 1995) which states that the CPAC service is distributed free to cable subscribers. Accordingly, if the cost of CPAC is currently being passed on to subscribers, the Commission expects the licensee to reduce the basic monthly rate of each undertaking by that amount.
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Applications for licence amendments
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As part of the current applications, the licensee had requested authority to distribute the following U.S. radio services, received via satellite, as part of the basic service: KLON Long Beach, WSM Nashville, SACF, SSH, SSS, SLLR, SCC and SCH Englewood.
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The Canadian Independent Record Production Association (CIRPA), the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) opposed the distribution of the signals of non-Canadian radio stations which are not received over the air at an undertaking's local head end stating that this is contrary to subparagraph 16(3)(a)(i) of the Cable Television Regulations, 1986 (the regulations).
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In reply, the licensee indicated that the purpose of its request was to offer a greater choice of programming services to its customers, and that the proposed services would serve the needs of its subscribers. The licensee further indicated that its geographical location places it at a disadvantage because it cannot receive these services over the air as do those undertakings located close to the U.S. border.
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The Commission has considered the concerns expressed by the interveners as well as the licensee's reply thereto, and is of the view that an exception to the regulations is not justified in the circumstances. The Commission therefore denies that portion of the application relating to the distribution of the above-noted U.S. radio services.
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The Commission approves the licensee's application to distribute CFTU-TV (IND) and CFCF-TV (CTV) Montréal, as well as WCFE-TV (PBS) Plattsburgh, New York, and WVNY (ABC) Burlington, Vermont, received via optical fibre or microwave, as part of the basic service.
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The Commission also approves the licensee's application to distribute WUTV (FOX) Buffalo, WPTZ (NBC) Plattsburgh, New York, and WCAX-TV (CBS) Burlington, Vermont, received via optical fibre or microwave, on a discretionary tier of the above-noted undertakings. This approval is consistent with the amendment to the Commission's policy governing the cable carriage of U.S. network signals announced in Public Notice CRTC 1994-107 dated 29 August 1994.
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The Commission acknowledges the intervention submitted in opposition to the application to distribute WUTV as well as the licensee's reply thereto.
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In addition, the Commission approves the licensee's requests with respect to section 23 of the regulations. Accordingly, it is a condition of each licence that the licensee be relieved of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only those U.S. television services listed in the current application or as may be authorized by the Commission. The Commission notes that a similar application was already approved in respect of the undertakings serving Barachois, Cloridorme and Grande-Vallée and their respective surrounding areas (Decisions CRTC 96-352, CRTC 96-360 and CRTC 96-361 dated 9 August 1996).
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The Commission further approves the licensee's requests with respect to section 22 of the regulations as follows:
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Gaspé and surrounding area
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The Commission notes that in Decision CRTC 96-354 dated 9 August 1996, the licensee was relieved, by condition of licence, of the requirement of paragraph 22(1)(a) of the regulations that it distribute the priority services of CBGAT-20 (SRC) and CHAU-TV-5 (TVA) Percé. The Commission also notes that the licensee will distribute instead, in addition to CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite, the services of CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air.
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Barachois and surrounding area
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The licensee is relieved, by condition of licence, of the requirement of paragraph 22(1)(a) of the regulations that it distribute the priority services of CBGAT-20 (SRC), CHAU-TV-5 (TVA) and CBVP (CBC) Percé. The Commission notes that in Decision CRTC 96-361 dated 9 August 1996, the licensee was relieved, by condition of licence, of the requirement of paragraph 22(1)(a) of the regulations that it distribute the priority services of
CIVK-TV-2 (STQ) Percé, CBVG-TV (CBC) and CIVK-TV-3 (STQ) Gaspé. The Commission also notes that the licensee will distribute instead, in addition to CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite, the services of CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air. |
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Bonaventure, Saint-Siméon et Caplan
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The licensee is relieved, by condition of licence, of the requirement of paragraphs 22(1)(a) and (b) of the regulations that it distribute the priority local programming services of CBGAT-14 (SRC), CHAU-TV (TVA), CIVK-TV (STQ) Carleton, Quebec and CHCR-TV (CBC) Campbellton New Brunswick, as well as the priority regional programming service of CKAM-TV (CTV) Upsalquitch Lake, New Brunswick. The licensee will distribute instead CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air, as well as CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite.
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Cloridorme, Pointe-à-la-Frégate, Petite-Anse and Saint-Yvon
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The licensee is relieved, by condition of licence, of the requirement of paragraphs 22(1)(a) and (b) of the regulations that it distribute the priority local service of CBGAT-16 (SRC) and the priority regional service of CHAU-TV-8 (TVA) Cloridorme, as well as the priority local service of CBGAT-3 (SRC) Grande-Vallée. The licensee will distribute instead CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air, as well as CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite.
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Grande-Vallée and Petite-Vallée
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The licensee is relieved, by condition of licence, of the requirement of paragraphs 22(1)(a) and (b) of the regulations that it distribute the priority local service of CBGAT-3 (SRC) Grande-Vallée and the priority regional service of CHAU-TV-8 (TVA) Cloridorme. The Commission notes that in Decision CRTC 96-360 dated 9 August 1996, the licensee was relieved, by condition of licence, of the requirement of paragraph 22(1)(a) of the regulations that it distribute the priority service of CBGAT-16 (SRC) Cloridorme. The licensee will distribute instead the services of CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air, as well as CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite.
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New Carlisle and surrounding area
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The licensee is relieved, by condition of licence, of the requirement of paragraphs 22(1)(a) and (b) of the regulations that it distribute the priority local service of CIVK-TV-1 (STQ) Gascons and the priority regional services of CBGAT-14 (SRC) and CHAU-TV (TVA) Carleton, CBGAT-21 (SRC), CBVF-TV (CBC) Port-Daniel, as well as CBAFT-3 (SRC) Allardville and CHCR-TV (CBC) Campbellton, New Brunswick. The licensee will distribute instead CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air, as well as CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite.
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Rivière-au-Renard and surrounding area
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The licensee is relieved, by condition of licence, of the requirement of paragraph 22(1)(a) of the regulations that it distribute the priority local services of CBGAT-22 (SRC) and CHAU-TV-7 (TVA) Rivière-au-Renard. The licensee will distribute instead CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air, as well as CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite.
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Saint-Alphonse-de-Caplan and Mercier-de-Caplan
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The licensee is relieved, by condition of licence, of the requirement of paragraphs 22(1)(a) and (b) of the regulations that it distribute the priority local services of CBGAT-14 (SRC), CHAU-TV (TVA) and CIVK-TV (STQ) Carleton and CHCR-TV (CBC) Campbellton, New Brunswick, as well as the priority regional service of CKAM-TV (CTV) Upsalquitch Lake, New Brunswick. The licensee will distribute instead CBGAT-17 (SRC) and CHAU-TV-6 (TVA) Gaspé, received over the air, as well as CBMT (CBC) and CIVM-TV (STQ) Montréal, received via satellite.
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This decision is to be appended to each licence.
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Allan J. Darling
Secretary General |
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- Date modified: