ARCHIVED -  Decision CRTC 97-307

Decision

Ottawa, 9 July 1997

Decision CRTC 97-307

Cogeco Câble Canada inc.

Alma, Quebec - 199609921

Licence renewal

1. Following Public Notice CRTC 1996-154 dated 13 December 1996, the Commission renews the Class 1 licence held by Cogeco Câble Canada inc., for the cable distribution undertaking serving Alma, from 1 September 1997 to 31 August 2004.

2. 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.

3. In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to continue to distribute, at its option, WXYZ-TV (ABC), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, as well as WTOL-TV (CBS) Toledo, Ohio, received via satellite from CANCOM, as part of the basic service.

4. Consistent with Decision CRTC 95-591 dated 24 August 1995, the licensee is authorized to originate a video games service as a special programming service, offered on a discretionary basis, subject to the conditions listed in that decision.

5. Consistent with Decision CRTC 95-744 dated 11 October 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.

6. As part of its licence renewal application, the licensee proposed to continue to distribute CBFT (SRC) Montréal, received via satellite. An intervention was submitted by Radio Saguenay Ltée, licensee of CKRS-TV Jonquière, opposing the distribution of this service. The intervener, an affiliate of the CBC, noted that CKRS-TV broadcasts more than 95% of the CBC's programming schedule and has a mandate to make the CBC's French-language programming available throughout the Saguenay/Lac-St-Jean region.

7. In a separate intervention, the CBC recognized the concerns of Radio Saguenay ltée and confirmed that it would not renew its agreement with Cogeco Câble Canada inc. allowing distribution of this service.

8. Carriage of the CBC English-language and French-language satellite television services is authorized only if a licensee has entered into the necessary contractual
arrangements with the CBC. In view of the above, the licensee must cease distribution of CBFT when its agreement with the CBC expires.

9. The Commission has noted the licensee's efforts in the development of community programming that reflects the interests and concerns of the community that it serves. In Public Notice CRTC 1997-25 entitled New Regulatory Framework for Broadcasting Distribution Undertakings, the Commission adopted a more flexible approach towards a requirement to provide local expression. The Commission remains convinced that community channels will continue to provide a vibrant, local service, particularly where there is public demand for the service.

10. It is a condition of licence that, for community programming and any other programming of a service that it originates, the licensee adhere to the guidelines on the depiction of violence in television programming set out in the Canadian Association of Broadcasters' Voluntary Code Regarding Violence in Television Programming, as amended from time to time and approved by the Commission.

11. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act, the Commission no longer has the authority to apply its
employment equity policy to any undertaking that is subject to the 1996 EEA.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.

DEC97-307_0