ARCHIVED - Broadcasting Decision CRTC 2002-232

Broadcasting Decision CRTC 2002-232

Ottawa, 12 August 2002

Vidéotron (RDL) ltée
Granby, Quebec

Application 2001-1260-8
Broadcasting Public Notice CRTC 2002-15
20 March 2002

Applications for relief from sections 17(2) and 25 of the Broadcasting Distribution Regulations

In this decision, the Commission approves the application by Vidéotron (RDL) ltée (Vidéotron) to be relieved of the requirement to distribute CJNT-TV Montréal on the basic band. The Commission also approves the application by Vidéotron to be relieved of the requirement that it not distribute the signals of CBFT and CBMT Montréal and the community channel on restricted channels.

The applications

1.

The Commission received applications from Vidéotron (RDL) ltée (Vidéotron) in order to:

. be relieved, by condition of licence, of the requirement, under section 17(2) of the Broadcasting Distribution Regulations (the Distribution Regulations), to distribute the extra-regional station CJNT-TV (IND) Montréal, a multilingual television programming undertaking, on the basic band of its undertaking. The applicant would continue to distribute the signal as part of its basic service; and

. be relieved, by condition of licence, of the requirement of section 25 of the Distribution Regulations that it not distribute the signals of CBFT (SRC) and CBMT (CBC) Montréal and the community channel on restricted channels.

Interventions

2.

There were no interventions submitted to the application concerning section 17(2) of the Distribution Regulations.

3.

Five community groups submitted interventions to Vidéotron's application concerning section 25 of the Distribution Regulations. The Fédération des télévisions communautaires autonomes du Québec (the Fédération) and the Centre d'action bénévole de Waterloo opposed the distribution of the community channel on a restricted channel. The Coop Autonomie Chez-Soi, the Association des parents et amis du malade mental de Granby et Région and TVCW télécommunautaire de Waterloo expressed concern that the quality of the signal would deteriorate to the point where cable subscribers would experience reception problems.

4.

The Fédération also expressed concern that subscribers to Vidéotron's digital service would no longer be able to access the local community channel.

5.

In its reply to the interventions, Vidéotron pointed out that the previous licensee had, for many years, distributed the community channel on channel 9, a restricted channel. Vidéotron added that, in practical terms, neither the channel nor the quality of the signal would change. Vidéotron confirmed that subscribers to its digital service would continue to have access to the community programming.

The Commission's determination

6.

The Commission approves the application by Vidéotron to be relieved, by condition of licence, of the requirement, under section 17(2) of the Distribution Regulations, to distribute CJNT-TV on the basic band, provided it is distributed as part of the basic service.

7.

Further, given that the community channel has been distributed on a restricted channel for many years and that there have been no complaints in this regard, the Commission is satisfied that it is appropriate, in the present case, to allow Vidéotron to continue the distribution of the community channel on a restricted channel.

8.

The Commission also approves the licensee's request to be relieved, by condition of licence, of the requirement, under section 25 of the Distribution Regulations, that it not distribute the signals of CBFT, CBMT and the community channel on restricted channels, so long as the quality of the signal does not deteriorate. If the Commission finds that the quality of any of the signals has deteriorated to the extent that reception problems are evident, the licensee must immediately take the necessary corrective measures to provide an adequate signal.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca