ARCHIVED -  Decision CRTC 98-317

Decision

Ottawa, 14 August 1998

Decision CRTC 98-317

Fundy Cable Ltd./Ltée

Lepreau, New Brunswick - 199706834 - 199716677

Licence renewal and amendment

1. Following Public Notice CRTC 1998-39 dated 22 April 1998, the Commission renews the Class 3 licence held by Fundy Cable Ltd./Ltée, for the cable distribution undertaking serving the above-noted locality, from 1 September 1998 to 31 August 2005.

2. The operation of this undertaking is regulated pursuant to Parts 1 and 3 of the Broadcasting Distribution Regulations (the regulations). The licence will be subject to the conditions in effect under the current licence as well as to those conditions specified in this decision and in the licence to be issued.

3. The Commission approves, by condition of licence, the licensee's request to be relieved from the requirement of section 32(1)(b) of the regulations to distribute the signal of CBAFT-1 (SRC) Saint John. The licensee will distribute instead, CBFT (SRC) Montréal, received via satellite.

4. 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.

5. The licensee is authorized, by condition of licence, to continue to distribute the programming service of the Atlantic Satellite Network (ASN), provided that it is distributed on an unrestricted channel of the basic service.

6. Consistent with Decision CRTC 95-499 dated 28 July 1995, 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.

7. 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 of licence listed in that decision.

8. 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.

9. 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.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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