ARCHIVED -  Decision CRTC 97-56

Decision

Ottawa, 13 February 1997

Decision CRTC 97-56

Michel Moreau

Saint-Majorique-de-Grantham, Quebec- 199609252

New cable distribution undertaking

Following a Public Hearing in Montréal beginning on 2 December 1996, the Commission approves the application by Michel Moreau, for a licence to carry on a cable distribution undertaking to serve Saint-Majorique-de-Grantham and will issue, subject to the requirements of this decision, a Class 2 (fewer than 2,000 subscribers) licence expiring 31 August 1999.

This term is consistent with the Commission's practice regarding the licensing of new undertakings of this type.

With the exception of the requirements stipulated in section 23 of the Cable Television Regulations, 1986 (the regulations), the operation of this undertaking will be regulated pursuant to Parts I, III and IV of the regulations and the licence will be subject to the conditions specified in this decision and in the licence to be issued.

The Commission approves, by condition of licence, the applicant's request to be relieved from the requirement of section 4 of the regulations to own and operate its local head end. The Commission notes that this undertaking will be interconnected via co-axial cable to the undertaking serving Drummondville, owned by Cogeco Câble Canada inc.

Therefore, in addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the applicant is authorized to distribute, as part of the basic service, WPTZ (NBC) Plattsburgh, New York, WETK-TV (PBS), WVNY (ABC) and WCAX (CBS) Burlington, Vermont, and, on a discretionary tier, WUHF-TV (FOX) Rochester, New York, all received via co-axial cable.

The applicant is also authorized to distribute CFCF-TV (CTV), CBMT (CBC) CFTM-TV (TVA) and CBFT (SRC) Montréal, received via co-axial cable, as part of the basic service. The distribution of these services is consistent with the guidelines for the cable distribution of distant Canadian television signals first set out in Public Notice CRTC 1985-61 and reiterated in Public Notice CRTC 1993-74.

However, the Commission denies the applicant's request for authority to distribute the radio services of WEZF-FM and WVPS-FM Burlington, Vermont and WHOM-FM Mount Washington, New Hampshire, received via co-axial cable. The Commission considers that the applicant failed to demonstrate that an exception to its policy concerning the distribution of non-Canadian audio services was warranted in this case.

Although the Commission does not regulate the rates of Class 2 undertakings with fewer than 2,000 subscribers, it notes that the applicant has proposed a monthly subscriber fee of $21.95.

This authority will only be effective and the licence will only be issued at such time as the construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed within twelve months of the date of this decision or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operation before the expiry of this period and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General