ARCHIVED -  Decision CRTC 97-148

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Decision

Ottawa, 15 April 1997
Decision CRTC 97-148
Cogeco Câble Canada inc.
Drummondville, Quebec - 199618120
Addition of U.S. FM radio signals -Application denied
Following Public Notice CRTC 1997-13 dated 3 February 1997, the Commission denies the application to amend the broadcasting licence of the cable distribution undertaking serving Drummondvillle, by adding the distribution of the signals of WEZF-FM and WVPS-FM Burlington, Vermont as well as WHOM-FM Mount Washington, New Hampshire, received via microwave from a regional head end located at Richmond, Quebec.
The Commission notes that the Drummondville undertaking has no local head end and that the proposed American signals are received over the air at a regional head end at Richmond, which then feeds the licensee's other undertakings serving the region, via microwave. The Commission also notes that the FM signals in question are not receivable over the air in Drummondville nor have they ever been distributed by that undertaking.
The Commission received an opposing intervention from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) wherein it was pointed out that the distribution of American FM signals in a market where they are not received over the air would create unwarranted competition for existing Canadian radio stations and would be in contravention of the Commission's policy.
Having considered the arguments put forth by both the licensee and the intervener, the Commission is of the view that relief under sub-paragraph 16(3)(a)(i) of the Cable Television Regulations 1986 which prohibits the distribution of a non-Canadian AM or FM audio signal that is not receivable over the air at the local head end of an undertaking would not be justified under the circumstances.
Allan J. Darling
Secretary General

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