ARCHIVED -  Decision CRTC 96-825

Decision

Ottawa, 20 December 1996

Decision CRTC 96-825

Rogers Cablesystems Limited

Part of London, Ontario - 951101500

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 1 licence held by Rogers Cablesystems Limited, for the cable distribution undertaking serving part of London, 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, 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 request to be relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signals of CBLN-TV London and its community channel on unrestricted channels. Should the quality of the signals deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of the services on other channels.

In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to continue to distribute, at its option, the programming services of WQLN (PBS), WJET-TV (ABC), WSEE-TV (CBS) and WICU-TV (NBC) Erie, Pennsylvania; WXYZ-TV (ABC), WDIV (NBC) Detroit, Michigan; and WUAB (IND) Cleveland, Ohio, received via microwave, as part of the basic service. This authority will remain in effect only so long as the above-mentioned signals remain the only U.S. signals received via microwave. The Commission notes that these signals have been distributed by the licensee for many years prior to the enactment of the regulations.

Consistent with Decision CRTC 94-703 dated 29 August 1994, the licensee is authorized to continue to distribute, at its option, WUTV (FOX) Buffalo, New York, on a discretionary tier of this undertaking.

Consistent with Decision CRTC 91-549 dated 26 July 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, so long as the service is distributed as part of the basic service.

Consistent with Decision CRTC 95-12 dated 18 January 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.

The Commission reaffirms the particular importance it attaches to the development of community programming and has taken note of the annual budgets that will be allocated for this purpose during the new licence term. The Commission encourages the licensee to continue its efforts to develop programs that reflect community interests and concerns.

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 Commission acknowledges the intervention submitted in opposition to this application and is satisfied with the licensee's reply thereto. The Commission also acknowledges the interventions submitted in support of this application.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General