ARCHIVED -  Decision CRTC 96-796

Decision

Ottawa, 19 December 1996

Decision CRTC 96-796

Rogers Cablesystems Ontario Limited

Wallaceburg, Ontario - 951085000

Licence renewal

Following Public Notice CRTC 1996-97 dated 10 July 1996 and Decision CRTC 96-522 dated 27 August 1996, the Commission renews the Class 2 licence held by Rogers Cablesystems Ontario Limited, for the cable distribution undertaking serving Wallaceburg, from 1 January 1997 to 31 August 2002.

The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting Act (the 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.

The Commission approves the licensee's application to be relieved, by condition of licence, of the requirement of section 9 of the regulations to distribute CFMT-TV-1 London, on the basic band, so long as the service is distributed as part of the basic service.

Consistent with Decision CRTC 91-392 dated 21 June 1991, the licensee is relieved, by condition of licence, of the requirement of section 9 of the regulations to distribute TFO, the French-language educational television programming service operated by TVOntario, on the basic band, so long as the service is distributed as part of the basic service.

Consistent with Decision CRTC 95-438 dated 13 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.

Based on the Commission's analysis of information submitted by the licensee, it appears that the licensee has made a positive commitment to Employment Equity through its active involvement in various initiatives that will ensure equitable employment in the organization and the Commission encourages the licensee to continue its efforts in this regard.

The Department of Industry has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of twelve months only, expiring 31 August 1997. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to subsection 22(1) of the Act pertaining to the technical certification of broadcasting undertakings and to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect.

The Commission acknowledges the intervention submitted in support of this application.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General