ARCHIVED -  Decision CRTC 98-30

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Decision

Ottawa, 9 February 1998

Decision CRTC 98-30

Câblo Distribution G. inc.

Mont-Tremblant/Saint-Jovite and the surrounding area, Quebec - 199707527

Acquisition of assets and licence amendments

1. Following a Public Hearing in the National Capital Region held on 15 December 1997, the Commission approves the application for authority to acquire the assets of the cable distribution undertaking serving Mont-Tremblant/Saint-Jovite and the surrounding area from Filion Câble-Vision inc., and for a broadcasting licence to continue the operation of this undertaking.

2. The Commission will issue a Class 2 licence to Câblo Distribution G. inc., expiring 31 August 2004, upon surrender of the current licence. The operation of this undertaking 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 licence, as well as to any other condition specified in this decision or that may be specified in the licence to be issued.

3. The cost of the transaction, which includes acquisition of the assets of the undertakings which are the subject of Decisions CRTC 98-29 to 98-31 of today's date, is $6,000,000. Based on the evidence filed with the application, the Commission has no concerns with respect to the availability or the adequacy of the required financing.

4. The Commission notes that the licensee requested authority to delete the local head end of this undertaking and to interconnect it to the undertaking serving Lac Carré, also owned by the licensee following Decision CRTC 98-29 of today's date. The Commission notes that, in Public Notice CRTC 1997-25 dated 11 March 1997, it confirmed its intention to eliminate the requirement that cable licensees own, among other things, their local head end. The regulations, which came into effect on 1 January 1998 do not impose this requirement. Therefore, approval of that part of the application is no longer required.

5. The Commission authorizes the licensee to distribute, at its option, as part of the basic service, CKMI-TV-2 (Global) Sherbrooke, WCFE-TV (PBS) Plattsburgh, New York, WVNY (ABC) Burlington, Vermont and, on the discretionary tier, WPTZ (NBC) Plattsburgh, WCAX (CBS) and WFFF-TV (FOX) Burlington.

6. The licensee is authorized to receive the above-mentioned signals over the air, or from any licensed or exempted Canadian broadcasting distribution undertaking authorized to provide signals to other broadcasting distribution undertakings. The Commission notes that the licensee intends to receive these signals by optical fibre from the undertaking serving Lac Carré.

7. The licensee is also authorized to distribute, as part of the basic service, a marketing channel for its service (canal d'information Câblo G).

8. The Commission also approves the application to delete the condition of licence authorizing the distribution, as part of the basic service, of WTVS (PBS) Detroit, Michigan and WTOL-TV (CBS) Toledo, Ohio, received via satellite.

9. The Commission approves the licensee's application to be relieved, by condition of licence, from the requirement of section 17(1)(a) of the regulations that it distribute CBFT-1 (SRC) Mont-Tremblant, a local service. The licensee will distribute instead CBFT (SRC) Montréal, received via satellite.

10. The Commission received an intervention from the Canadian Broadcasting Corporation opposing the licensee's request to be relieved from the requirement of section 22(1)(a) of the regulations to distribute the programming services of local radio stations CBF-15-FM (SRC) L'Annonciation, CBF-14-FM (SRC) and CBMF-FM (CBC) Saint-Jovite. The Commission has noted the licensee's reply to the interventions wherein it indicates that it will distribute radio stations CBF-14 (SRC) and CBMF-FM (CBC) Saint-Jovite. Accordingly, the licensee is relieved, by condition of licence, from the requirement of section 22(1)(a) of the regulations to distribute priority station CBF-15-FM (SRC) L'Annonciation, which distributes programming identical to that of CBF-14 Saint-Jovite.

11. 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.

12. 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. In this regard, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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