ARCHIVED -  Decision CRTC 98-219

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Decision

Ottawa, 8 July 1998

Decision CRTC 98-219

David Happyjack, on behalf of a company to be incorporated

Waswanipi, Quebec - 199716734

New cable distribution undertaking

1. Following Notice of Public Hearing CRTC 1998-2 dated 20 March 1998, the Commission approves the application by David Happyjack, on behalf of a company to be incorporated for a licence to carry on a cable distribution undertaking to serve Waswanipi. The operation of this undertaking will be regulated pursuant to Parts 1 and 3 of the Broadcasting Distribution Regulations.

2. Subject to the requirements of this decision, the Commission will issue a Class 3 licence expiring 31 August 2004. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

3. This authority will only be effective and the licence will only be issued at such time as the Commission receives documentation establishing that an eligible Canadian corporation has been incorporated in accordance with the application in all material respects and that it may be issued a licence.

4. Although the Commission does not regulate the rates of Class 3 cable distribution undertakings, it notes that the applicant has proposed a monthly subscriber fee of $41.50.

5. 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.

6. 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.

7. In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled Implementation of an Employment Equity Policy, the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its manage-ment of human resources.

8. 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.

9. The Commission notes that that the Waswanipi Communications Society will surrender its licence for the radiocommunication distribution undertaking currently serving Waswanipi once the cable distribution undertaking commences operation.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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