ARCHIVED -  Decision CRTC 96-832

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Ottawa, 23 December 1996
Decision CRTC 96-832
Rogers Cablesystems Ontario Limited
Ajax, Ontario - 951078500
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 Ontario Limited (Rogers) for the cable distribution undertaking serving Ajax, 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.
In its renewal application, the licensee also requested to be relieved of the requirement of section 9 of the regulations to distribute the programming service of CKVR-TV Barrie on the basic band. An intervention was submitted by CHUM Limited, licensee of CKVR- TV, in opposition to this request. CHUM Limited suggested that it would be satisfied with CKVR-TV's carriage on a basic band restricted channel. In its reply, Rogers indicated that CHUM Limited's request was inconsistent with the Commission's distribution requirements.
The Commission notes that CKVR-TV, as a priority station under section 9 of the regulations, is entitled to be carried on the basic band. However, taking into account the concerns of all parties, the current channel position of the intervener's service and the interests of subscribers, the Commission considers that it would be most appropriate for Rogers to continue to distribute the intervener's service in its present channel position and therefore, encourages Rogers to continue to do so. The Commission therefore approves the licensee's request to be relieved, by condition of licence, from the requirement of section 9 of the regulations to distribute CKVR-TV Barrie on the basic band, so long as the service is distributed as part of the basic service.
Consistent with Decision CRTC 91-390 dated 21 June 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 95-438 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.
The Commission reaffirms the particular importance it attaches to the development of community programming and has taken note of the licensee's expenses in the last year and of the annual budgets that will be allocated for community programming during the new licence term. The Commission commends the licensee for its efforts and encourages it to continue 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 interventions submitted in support of this application.
This decision is to be appended to the licence.
Allan J. Darling
Secretary General

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