ARCHIVED - Decision CRTC 98-470
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Ottawa, 29 September 1998
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Decision CRTC 98-470
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Shaw Cablesystems Ltd., on behalf of a new wholly-owned subsidiary to be incorporated
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Dundalk; Lion's Head; Listowel, Arthur, Palmerston, Harriston; Mount Forest and surrounding area; Mildmay; Paisley; Port Elgin, Sauble Beach, Southampton and surrounding area; Tara and Allenford; Wiarton; and Wingham, Ontario - 199802484 - 199802997 - 199803005 - 199803010 - 199803028 - 199803036 - 199803044 - 199803052 - 199803060
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Acquisition of assets
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1. Following a Public Hearing in the National Capital Region held on 11 August 1998, the Commission approves the applications for authority to acquire the assets, and for broadcasting licences to continue the operation of the above-mentioned cable distribution undertakings.
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2. The Commission will issue licences to Shaw Cablesystems Ltd., on behalf of a new wholly-owned subsidiary to be incorporated, expiring 31 August 2004, upon surrender of the current licences. The operation of the undertakings serving Listowel, Arthur and Palmerston as well as Harriston, Mount Forest and surrounding area, Port Elgin, Sauble Beach, and Southampton and surrounding area will be regulated pursuant to Parts 1, 2 and 5 of the Broadcasting Distribution Regulations (the regulations).The operation of the undertakings serving Dundalk, Lion's Head, Mildmay, Paisley, Tara and Allenford, as well as Wiarton and Wingham will be regulated pursuant to Parts 1 and 3 of the regulations. The authority granted herein is subject to the same conditions as those in effect under the current licences, as well as to the conditions specified in the appendix to this decision and to any other condition that may be specified in the licences to be issued.
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3. The Commission notes that the transaction proposed within these applications represents an intracorporate reorganization that does not alter the ultimate control or management of the licensee.
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4. The licensee is controlled by Shaw Cablesystems Ltd. (Shaw). Ultimate control rests with the Shaw family through a voting trust agreement. James R. Shaw of Edmonton controls the shares owned by his family.
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5. This authority will only be effective and the licences 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 applications in all material respects and that it may be issued a licence.
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6. The Town of North Perth submitted an intervention opposing the application related to Listowel. The intervener stated that Shaw has not yet fulfilled all of the benefits promised when it acquired the Listowel undertaking in 1995 (Decision CRTC 95-57 dated 17 February 1995). In addition, the intervener stated that the cable undertaking should continue to provide coverage of local issues, including the local Town Council meetings.
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7. The Commission acknowledges the applicant's response to this intervention. According to the Commission's policy, a new purchaser must continue the benefits promised as part of an ownership transaction. The Commission will continue to monitor the status of the benefits commitments.
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8. The Town of Port Elgin also submitted an intervention requesting that the new licensee continue coverage of community events and festivals as well as live coverage of Town Council meetings.
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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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APPENDIX TO DECISION CRTC 98-470
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Conditions of licence and authorizations for the cable distribution undertakings serving Dundalk; Lion's Head; Listowel, Arthur, Palmerston, Harriston; Mount Forest and surrounding area; Mildmay; Paisley; Port Elgin, Sauble Beach, Southampton and surrounding area; Tara and Allenford; Wiarton; and Wingham, Ontario
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All locations
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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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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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Dundalk
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the Broadcasting Distribution Regulations (the regulations), the licensee is authorized to distribute, at its option, CFPL-TV (IND) London, as part of the basic service. The Commission notes that the licensee intends to receive CFPL-TV via microwave.
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Listowel, Arthur, Palmerston, Harriston; Mount Forest and surrounding area
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, CFMT-TV (IND) Toronto and WTOL-TV (CBS) Toledo, Ohio as part of the basic service. The Commission notes that the licensee intends to receive these services via satellite.
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The licensee is relieved, by condition of licence, of the requirement of section 25 of the regulations to distribute the signals of CKNX-TV (IND) Wingham and CKCO-TV (CTV) Kitchener on unrestricted channels. Should the quality of these signals deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of the services on other channels.
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The licensee is authorized to distribute, at its option, WGRZ-TV (NBC), WIVB (CBS), WKBW-TV (ABC) and WNED (PBS) Buffalo, New York, as part of the basic service. The Commission notes that the licensee intends to receive these signals via microwave.
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The licensee is relieved, by condition of licence, of the requirement of section 17 of the regulations that it distribute TFO, the French-language educational television programming service operated by TVOntario, on the basic band (channels 2 to 13), so long as the service is distributed as part of the basic service.
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Paisley
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute, at its option, CITY-TV-2 (IND) Woodstock, as part of the basic service. The Commission notes that the licensee intends to receive CITY-TV-2 via microwave.
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Port Elgin, Sauble Beach, Southampton and surrounding area
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, WTOL-TV (CBS) Toledo, WXYZ-TV (ABC), WTVS (PBS) and WDIV (NBC) Detroit, Michigan, as part of the basic service. The Commission notes that the licensee intends to receive these services via satellite.
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The licensee is relieved, by condition of licence, of the requirement of section 25 of the regulations to distribute the signals of CKNX-TV (IND) and CBLN-TV-4 (CBC) Wingham on unrestricted channels. Should the quality of these signals deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of the services on other channels.
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The licensee is relieved, by condition of licence, of the requirement of section 17 of the regulations that it distribute TFO, the French-language educational television programming service operated by TVOntario, on the basic band (channels 2 to 13), so long as the service is distributed as part of the basic service.
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Wingham
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute, at its option, CFTO-TV (CTV) Toronto, as part of the basic service. The Commission notes that the licensee intends to receive CFTO-TV via microwave.
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