ARCHIVED -  Décision CRTC 98-427

Decision

Ottawa, 31 August 1998

Decision CRTC 98-427

Vidéotron ltée

Montréal and surrounding areas, Quebec - 199706199

Licence renewal

1. Following Public Notice CRTC 1998-39 dated 22 April 1998, the Commission renews the Class 1 licence held by Vidéotron ltée (Vidéotron), for the cable distribution undertaking serving Montréal and surrounding areas, from 1 September 1998 to 31 August 2005.

2. The operation of this undertaking is regulated pursuant to Parts 1, 2 and 5 of the Broadcasting Distribution Regulations (the regulations) and 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. As part of its licence renewal application, the licensee requested that the Commission delete the condition of licence requiring it to devote annually to the community channel, funding equal to at least 3.5% of its revenues from the base portion of basic monthly fees. The Commission is satisfied that the licensee has met the requirements of this condition of licence over the current term of licence and approves the licensee's request to delete its existing condition of licence with respect to funding for the community channel.

4. Under the new regulations, Class 1 cable licensees with 60,000 or more subscribers are required to devote a minimum 5% of gross revenues derived from their broadcasting activities to Canadian programming, of which 2% may be allocated to local expression (which includes community programming). The Commission notes Vidéotron's plan to contribute, in each year of the new licence term, 2% of its gross revenues derived from broadcasting activities to community programming. The Commission further notes that section 29 of the regulations requires the licensee to contribute the remaining 3% of its gross revenues to independently-administered production funds.

5. Consistent with Decision CRTC 95-264 dated 31 May 1995:

· The licensee is relieved, by condition of licence, from the requirement of section 17(1)(c) of the regulations to distribute the programming service of the local television station CHLT-TV (TVA) Sherbrooke. The Commission notes that the licensee distributes instead CFTM-TV (TVA) Montréal, received over the air, as part of the basic service.

· The licensee is relieved, by condition of licence, from the requirement of section 17(2) of the regulations to distribute, on the basic band, the programming services of the priority television stations CFTU-TV (IND) Montréal and CJOH-TV-8 (CTV) Cornwall. The licensee is still required to distribute these stations as part of the basic service.

· The licensee is relieved, by condition of licence, from the requirement of section 22(1) of the regulations to distribute the audio programming services of radio stations CFLI (formerly CIRL) Montréal, CFNJ-FM Saint-Gabriel-de-Brandon, CJLA-FM Lachute, CKHQ-FM Kanesatake and CFLG-FM Cornwall.

· The licensee is authorized to continue to distribute, at its option, the two PBS stations WETK-TV Burlington, Vermont and WCFE-TV Plattsburgh, New York. The Commission notes that the licensee receives the signals over the air.

· The licensee is authorized, by condition of licence, to continue to distribute, at its option, the special programming service "Événement", which, by definition, must contain no advertising messages.

6. Consistent with Decision CRTC 96-86 dated 22 March 1996, the licensee is relieved, by condition of licence, from the requirement of section 17(2) of the regulations to distribute the local television station CJNT-TV (IND) Montréal on the basic band. The licensee is still required to distribute this station as part of the basic service.

7. Consistent with Decision CRTC 97-551 dated 24 September 1997, the licensee is authorized to distribute WFFF-TV (FOX) Burlington, Vermont on a discretionary tier of its undertaking. The Commission notes that the licensee receives this signal over the air.

8. 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.

9. Consistent with Decision CRTC 95-500 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.

10. 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.

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. 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.

13. The Department of Industry has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of two years only, expiring 31 August 2000. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to subsection 22(1) of the Broadcasting Act pertaining to the technical certification of broadcasting undertakings and to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect.

14. The Conseil des Médias Communautaires de Laval inc., Télévision Communautaire de la Vallée du Richelieu and the Conseil provincial du secteur des communications du Syndicat canadien de la fonction publique submitted comments with respect to the renewal of this licence. These comments addressed mainly the financing, programming and future plans for the community channel. The Commission has examined the interveners' filings and is satisfied with the licensee's response to the concerns raised therein.

15. The Commission also received 15 interventions opposing the renewal of this licence and requesting that the licensee distribute a special multicultural programming service such as that offered by Télévision ethnique du Québec (TEQ). The Commission has noted the licensee's response to these interventions.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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