ARCHIVED -  Decision CRTC 97-664

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Decision

Ottawa, 1 December 1997
Decision CRTC 97-664
Winnipeg River CATV Ltd.
Sagkeeng First Nation, Manitoba - 199701917
New MDS undertaking - Approved
1. Following a Public Hearing held in the National Capital Commission on 19 August 1997, the Commission approves the application for a broadcasting licence to carry on a radiocommunication distribution undertaking to serve Sagkeeng First Nation by means of a multipoint distribution system (MDS).
2. Subject to the requirements of this decision, the Commission will issue a licence to Winnipeg River CATV Ltd., expiring 31 August 2004. The licence will be subject to the conditions specified in this decision and in the licence to be issued.
3. This undertaking will distribute, in encrypted mode, the following programming services as part of the basic service, by means of an MDS, with an effective isotropic radiated power of 2.7 watts:
CBWT-2 (CBC) Lac-du-Bonnet
CBKFT-6 (SRC) Pine Falls
CKY-TV (CTV) Winnipeg
CKND-TV (IND) Winnipeg
WCCO-TV (CBS) Minneapolis, Minnesota
KARE-TV (NBC) Minneapolis
WXYZ-TV (ABC) Detroit, Michigan
WTVS (PBS) Detroit
WUHF-TV (FOX) Rochester, New York
Community programming/Programmation communautaire
Country Music Television (CMT)
The Sports Network (TSN)
YTV Canada, Inc. (YTV)
The Discovery Channel
4. While the MDS policy does not contain provisions regarding the carriage of community programming, it states that the regulation of MDS should parallel that of cable undertakings. The Commission has considered the circumstances pertaining to this application and is of the view that it would be appropriate to apply the policy to it. Accordingly, the applicant is required, by condition of licence, to satisfy the requirements of subsection 24(2) of the Cable Television Regulations 1986.
5. The Commission notes that the applicant proposes to charge a basic monthly fee of $25.00 for the distribution of the basic service.
6. The applicant currently operates the cable distribution undertaking serving Pine Falls. It submitted this application for an MDS undertaking to extend service to the Sagkeeng First Nation community. In support of its application, the applicant stated that this community is not currently served by cable. Moreover, the applicant indicated that Sagkeeng First Nation is beyond the coverage of the MDS radiocommunication distribution undertaking licenced to SkyCable Inc. to serve numerous locations in Manitoba (Decision CRTC 95-910 dated 20 December 1995).
7. The Department of Industry has advised that the proposed site lies within the coverage contour of SkyCable Inc.'s authorized digital MDS system at Lac-du-Bonnet and that there is a potential for interference to both systems. However, the Department indicated that this proposal is conditionally technically acceptable with the express condition that, should there be any interference caused to the Lac-du-Bonnet system within its coverage contour, Winnipeg River CATV Ltd. will take remedial action. Therefore, and pursuant to subsection 22(1) of the Broadcasting Act, the Commission will only issue a licence to the applicant and the authority will only be granted at such time as written notification is received from the Department of Industry that a Broadcasting Certificate has been issued.
8. Furthermore, this authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. The licence will not be issued if construction is not completed within twelve months of the date of receipt of the Department of Industry notification referred to in the preceding paragraph or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot implement its authority 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.
9. The Commission acknowledges the intervention submitted by the Sagkeeng First Nation in support of this application.
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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