ARCHIVED -  Decision CRTC 88-231

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Decision

Ottawa, 31 March 1988
Decision CRTC 88-231
A1 Cablesystems Inc .
Alliance, Amisk, Ardmore, Ashmont, Chauvin, Chipman, Clyde, Donnelly, Edgerton, Girouxville, Glendon, Hay Lakes, Hughenden, Hythe, Innisfree, Irma, Kinuso, Kitscoty, Lougheed, Marwayne, Myrnam, Nampa, Plamondon, Sangudo, Seba Beach, Thorsby and Vilna, Alberta - 872683800
Northern Cablevision Ltd. Chauvin, Donnelly, Edgerton, Girouxville, Glendon, Hythe, Irma, Kitscoty, Marwayne, Myrnam et Nampa (Alberta) - 872743000 - 872745500 - 872746300 - 872747100 - 872748900 - 872751300 - 872752100 - 872753900 - 872754700 - 872756200 - 872757000
The Commission approves that portion of application number 872683800 by A1 Cablesystem Inc. (A1) requesting licences to carry on broadcasting receiving undertakings to serve each of the 27 Alberta communities noted above, and will issue licences expiring 31 August 1992, subject to the conditions specified in this decision and in the licences to be issued.
The Commission reminds the licensee that it is required to submit, both to the CRTC and to the Department of Communications (DOC), its proposed head end co-ordinates for each of the undertakings for the purpose of technical certification. No licence will be issued in respect of an undertaking until such technical certification is issued by the DOC.
In the case of each community, it is a condition of licence that construction of the undertaking be completed and that it be in operation within six months of the date of this decision or such further period as the Commission may, upon receipt of a request for extension before the expiry of the said six months, deem appropriate under the circumstances.
The Commission denies the applications by Northern Cablevision Ltd. (Northern), which was competing for licences to serve 11 of the communities herein awarded to A1.
In a separate decision released today, the Commission has approved applications by Northern for licences to operate undertakings at a total of ten other communities, including four in Alberta that A1 had sought to serve under its regional application.
As noted in the introduction to this decision, A1 is owned 47% by C1 Communications Inc., 15% by CANCOM and 37% by Jenacom Group Inc. In licensing A1 for 27 of the 31 communities it has applied to serve, the Commission acknowledges the merits of A1's regional service concept which will allow a large number of communities that would not otherwise be capable of supporting viable cable systems to receive service with minimal delay. The Commission is convinced that the licensing of A1 for these 27 communities, although four fewer than the number it had applied for, should generate revenues sufficient to support implementation of this regional model.
In this regard, the Commission is aware that its decision not to grant licences to A1 for all of the communities it had proposed to serve, could result in a capital cost per potential subscriber, for the project as a whole, in excess of A1's acceptable maximum. Nevertheless, the Commission reminds A1 that it is required, by condition of licence, to serve all of the 27 communities for which it is hereby licensed within the next six months, or within such extended period as the Commission may approve upon request.
In the case of all of the proposed undertakings except Chipman, Clyde, Hay Lakes and Thorsby, the applicant will be licensed as a Part III licensee, and the operation of these undertakings will be regulated pursuant to Parts I and III of the Cable Television Regulations, 1986 (the regulations).
In the case of Chipman, Clyde, Hay Lakes and Thorsby, the applicant had requested to be authorized by condition of licence to act as a Part III licensee in these four communities which would otherwise be licensed for Class 2 cable systems. The Commission has considered the applicant's arguments, essentially related to the increased flexibility that Part III status would permit in service offerings, but is not convinced that these arguments justify the granting of Part III status. It therefore denies the applicant's request. Accordingly, the undertakings at Chipman, Clyde, Hay Lakes and Thorsby will be licensed as Class 2 undertakings.
In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, as part of the basic service, the programs of CHCH-TV (IND) Hamilton, WJBK (CBS), WTVS (PBS), WDIV (NBC) and WXYZ-TV (ABC) Detroit, Michigan received via satellite from the CANCOM network on each of the Class 2 undertakings.
The amount of $20.95 forms the base portion of the basic monthly fee for the purpose of section 18 of the regulations in respect of each of the Class 2 undertakings.
The Commission acknowledges the applicant's plans for the development of a community channel at each of these communities, including those for which it will be licensed as a Part III licensee. The Commission interest in, and access to, this channel.
It is a condition of licence for all systems, pursuant to subsection 13(1) of the regulations, that the licensee be permitted to distribute the CBC Parliamentary Television Network on the community channel at times when community programming is not being distributed, and that the licensee shall, pursuant to paragraph 19(a) of the regulations, curtail the signal of this service as necessitated by community programming requirements.
The Commission acknowledges the support for the A1 application expressed in 72 interventions, including petitions representing a total of 2,980 signatures. The Commission has also taken note of the views advocating the use of STV technology rather than cable to serve these communities, as expressed in interventions by the Cooperative of Community Television Services and T & B Satellite Reflections.
With respect to the intervention by Small Community T.V. Inc., which requested a stay of proceedings in the case of proposals for three of the communities herein awarded to A1 in order that the intervener might apply to serve them, the Commission is satisfied that all procedural requirements have been met and that no grounds exist for granting the intervener's request.

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