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Kamloops, Courtney/Comox/Powell River, British Columbia and Lethbridge, Alberta - 199712493 - 199712501 - 199712485
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1. Following a Public Hearing in the National Capital Region beginning 16 February 1998, the Commission approves the applications by Shaw Cablesystems Ltd. (Shaw) for authority to acquire the assets of the cable distribution undertakings serving the above-mentioned localities, from Cogeco Cable Systems Inc. (Cogeco) and for broadcasting licences to continue the operation of these undertakings.
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2. The Commission will issue Class 1 licences to Shaw, expiring 31 August 2004, upon surrender of the current licences. The operation of these undertakings will be regulated pursuant to Parts 1 and 2 of the Broadcasting Distribution Regulations (the regulations). The authority granted herein is subject to the same conditions as those in effect under the current licences, as well as to those conditions that may be specified in the licences to be issued.
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3. In Decisions CRTC 98-165 to 98-169 of today's date, the Commission has approved applications requesting authority for a change in control and the transfer of assets of cable distribution undertakings between Cogeco and Shaw through subsidiary companies. In total, the Shaw systems to be acquired by Cogeco serve approximately 90,000 subscribers, whereas, the Cogeco systems to be acquired by Shaw serve approximately 72,000 subscribers, resulting in a net payment of $50 million to Shaw from Cogeco at the closing of the transaction. This approval also forms part of the series of transactions between Cogeco and Shaw.
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4. The Commission notes that Shaw and Cogeco intend to exchange certain cable distribution undertakings in order to cluster their respective cable properties. Shaw's acquisition of Cogeco's systems in Alberta and British Columbia will allow Shaw to rationalize its operations in Southern Alberta and on Vancouver Island. Approval of these applications will allow both Shaw and Cogeco to implement improvements in customer service and permit upgrades to their technical infrastructures to facilitate system interconnections and the deployment of new programming services.
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5. 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.
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Conditions of licence for the Class 1 cable distribution undertaking serving Kamloops
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6. The licensee is authorized to continue to distribute, at its option, KING-TV (ABC), KOMO-TV (ABC), KIRO-TV (CBS) and KCTS-TV (PBS) Seattle, Washington, as part of the basic servcie. The Commission notes that Shaw intends to receive the signals via microwave. The licensee is authorized to continue to distribute the audio signal of The Nashville Network, on an audio channel of its undertaking. The Commission notes that the signal is received via satellite.
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7. The licensee may receive any authorized signals over the air, or from any licensed or exempted Canadian broadcasting distribution undertaking authorized to provide signals to other broadcasting distribution undertakings.
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8. 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.
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9. 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.
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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.
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Conditions of licence for the Class 1 cable distribution undertaking serving Courtney/Comox/Powell River
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11. The licensee is authorized to distribute, at its option, CKVU-TV Vancouver, as part of the basic service. The Commission notes that the signal is received via microwave.
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12. The licensee is authorized to distribute, at its option, the programming services of KVOS (IND) Bellingham, KCTS-TV (PBS), KOMO-TV (ABC), KING-TV (NBC), KIRO-TV (CBS) Seattle and KSTW-TV (IND) Tacoma, Washington, as part of the basic service, and KCPQ-TV (IND) Tacoma as part of a discretionary tier, as well as the audio programming services of KPLU-FM Tacoma, KLSY Bellevue, KXRX, KING-FM, KEZX, KISW, KSEA, KPLZ Seattle and KCMS Edmonds, Washington. The Commission notes that these signals will be received via microwave. The licensee is also authorized to distribute the audio signal of Country Music Television, on an audio channel of the undertaking, as well as the audio signal of The Nashville Network on an audio channel in Powell River. The Commission notes that these signals will be received via satellite.
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13. The licensee may receive any authorized signals over the air, or from any licensed or exempted Canadian broadcasting distribution undertaking authorized to provide signals to other broadcasting distribution undertakings.
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14. 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.
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15. 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.
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16. 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.
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Conditions of licence for the Class 1 cable distribution undertaking serving Lethbridge
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17. The licensee may receive any authorized signals over the air, or from any licensed or exempted Canadian broadcasting distribution undertaking authorized to provide signals to other broadcasting distribution undertakings.
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18. 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.
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19. 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.
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This decision is to be appended to each licence.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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