ARCHIVED - Decision CRTC 97-81
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Ottawa, 21 February 1997
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Decision CRTC 97-81
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Canadian Satellite Communications Inc.
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Across Canada - 199607777
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Addition of CJON-TV
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Following Public Notice CRTC 1996-127 dated 23 September 1996, the Commission approves the application to amend the broadcasting licence to carry on a multiple-channel television and radio broadcasting relay distribution undertaking by adding CJON-TV (CTV) St. John's, to the list of signals that Cancom is authorized to distribute.
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The Commission notes that CJON-TV is added to the list of the Part III Eligible Canadian Satellite Services (Part III Canadian list).
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In Public Notice CRTC 1997-19 of today's date entitled "Revised Lists of Eligible Satellite Services", the Commission has amended the list accordingly.
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In an intervention opposing this application, CHUM Limited (CHUM), licensee of Atlantic Television System (ATV), argued that approval of this application would fragment the audiences of local stations and thereby negatively affect the operation of these services in their local communities. CHUM suggested that Cancom be permitted to distribute CJON-TV only to cable affiliates within Newfoundland and Labrador.
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CHUM further suggested that restrictions be imposed as a condition of licence with respect to the distribution of CJON-TV by licensees holding Class 1 licences and Class 2 licences for undertakings that have between 2,000 and 6,000 subscribers.
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The Commission notes that it received an intervention from CanWest Global System (CanWest) which also opposed the distribution of CJON-TV outside its current coverage area.
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The Commission has carefully reviewed the interveners' comments, as well as the licensee's reply thereto.
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It notes that the distribution of CJON-TV will be subject to a restriction which requires that, where licensees holding a Part III licence or a Class 2 licence for an undertaking that has fewer than 2,000 subscribers are also distributing the signal of a local CTV affiliate, they shall delete the duplicate programming from the Cancom service or substitute the local service when the programming is identical. The Commission is satisfied that this restriction is sufficient to protect the interests of CHUM and CanWest in these small cable markets. With respect to larger undertakings, the Commission notes that it would be necessary for licensees holding a Class 1 licence or a Class 2 licence for an undertaking that has between 2,000 and 6,000 subscribers to obtain prior Commission approval in order to add CJON-TV. In the Commission's view, this separate process would provide a forum for for interested parties to make their concerns known to the Commission.
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The Commission also considers that restricting Cancom's distribution of CJON-TV to cable affiliates within Newfoundland and Labrador, as was suggested by CHUM, would unduly prevent other Part III and small Class 2 cable licensees in Atlantic Canada from replacing the CTV signal currently received via Cancom with a CTV signal which is more relevant to the time zone in which they are operating.
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In view of the foregoing, the Commission is satisfied that approval of this application is in the public interest.
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This decision is to be appended to the licence.
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Allan J. Darling
Secretary General |
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- Date modified: