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Broadcasting Decision CRTC 2003-538
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Ottawa, 6 November 2003
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Videotron (Regional) Ltd.
Ascot Corner, Quebec
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Application 2002-0958-7
Public Hearing at Québec
8 April 2003
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Licence renewal for a cable distribution undertaking at Ascot Corner
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The Commission renews the licence for the cable distribution undertaking serving Ascot Corner, from 1 December 2003 to 31 August 2010. The Commission will issue a Class 1 licence for this undertaking.
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1.
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The Commission received an application by Videotron (Regional) Ltd. to renew the licence for the cable distribution undertaking serving Ascot Corner.1
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2.
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The Commission received an opposing intervention from CTV Inc., on behalf of CTV Specialty Television Inc. (CTV), which was addressed to all the licence renewal applications by Vidéotron ltée and its subsidiary distribution companies that were on the agenda of the 8 April 2003 Public Hearing. CTV requested that the licences be renewed for a short term of no more than two years in light of ongoing disputes concerning the fees paid by Vidéotron ltée for the exhibition of the specialty services RDS, TSN and Discovery Channel operated by CTV.
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3.
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The Commission notes that the resolution of such ongoing disputes is the subject of a separate process that is not part of the current proceeding.
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4.
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The Commission renews the broadcasting licence for the cable distribution undertaking at Ascot Corner, from 1 December 2003 to 31 August 2010. The Commission notes that, given that the undertaking at Ascot Corner now serves more than 6,000 subscribers, a Class 1 licence will be issued rather than a Class 2 licence.
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5.
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The operation of this undertaking is regulated pursuant to the Broadcasting Distribution Regulations (the Regulations). The licence will be subject to the conditions specified therein and in the appendix to this decision.
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6.
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The licensee is authorized to continue to distribute CITY-TV (IND) Toronto, a distant Canadian signal, on a digital discretionary basis.
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7.
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Further, the licensee is authorized to continue to distribute WUTV-TV (FOX) Buffalo, New York, on a discretionary tier of its undertaking.
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8.
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The licensee is also authorized to continue to distribute the audio programming services of WHOM-FM Auburn, Maine, WEZF-FM Burlington and WVPS-FM Colchester, Vermont, as part of the basic service.
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9.
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The licensee is also authorized to distribute, on a discretionary digital basis, a second set of U.S. 4+1 signals, so long as it complies with the following :
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The distribution on a discretionary basis on the licensee's digital service of U.S. 4+1 signals, in addition to the set of such signals already carried by the system, is subject to the provision that, with respect to such signals, the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Regulations. The Commission may suspend the application of this provision in respect of a signal, upon its approval of an executed agreement between the licensee and the broadcaster concerned. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 solely on the licensee's digital service, as approved in this decision.
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The Commission reminds the licensee that the simultaneous substitution requirements, as set out in section 30 of the Regulations, also apply with respect to the U.S. 4 + 1 signals.
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10.
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Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.
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Secretary General
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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
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Date Modified: 2003-11-06