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Decision
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Ottawa, 28 September 1990
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Decision CRTC 90-1029
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Island Cablevision Ltd., Alberton; and O'Leary, Prince Edward Island - 900170200 - 900177700 - 900172800 - 900561200
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Following a Public Hearing in the National Capital Region beginning on 11 June 1990, the Commission renews the licences for the broadcasting receiving undertakings serving Alberton and O'Leary, held by Island Cablevision Ltd. (Island Cablevision), from 1 October 1990 to 31 August 1995. The operation of these undertakings is regulated pursuant to Parts I and III of the Cable Television Regulations, 1986 (the regulations) and the licences will be subject to the conditions specified in this decision and in the licences to be issued.
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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 continue to distribute the audio services of The Arts and Entertainment Network and The Nashville Network, received via satellite, on audio channels of each undertaking. The licensee is also authorized to continue to distribute at Alberton and O'Leary CFJP-TV Montréal, received via satellite, as well as WVII-TV (ABC) and WLBZ-TV (NBC) Bangor, Maine, received by microwave, as part of the basic service.
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The licensee is also authorized, by condition of each licence, to continue to distribute the Atlantic Satellite Network received via satellite, provided that it is distributed on an unimpaired channel of the basic service of each undertaking.
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Moreover, the Commission approves the licensee's requests with respect to section 23 of the regulations. Accordingly, it is a condition of each licence that the licensee be relieved of the requirement that it distribute on each undertaking at least four CANCOM services, so long as it distributes three CANCOM television services at least one of which must be a Canadian television programming service.
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In assessing these requests, the Commission has taken into account the fact that these undertakings receive their programming by private microwave network, from Island Cablevision's system at Charlottetown which, as a Class 1 licensee, is not subject to section 23 of the regulations. The Commission has also considered the licensee's arguments that these small systems, which previously received 10 or 11 programming services, now have access to 30 channels, including community programming, through the Charlottetown system. Furthermore, the Commission notes that Island Cablevision does distribute three CANCOM services on each undertaking, i.e. CHCH-TV Hamilton as well as WJBK-TV (CBS) and WTVS (PBS) Detroit, Michigan. Accordingly, based on the facts of these particular cases, the Commission is of the view that this approval is in the public interest. The Commission notes the written intervention submitted by Canadian Satellite Communications Inc. concerning these requests.
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Further, the Commission approves, by condition of each licence, Island Cablevision's requests that it be relieved of the requirement of paragraph 22(1)(b) of the regulations with respect to the distribution of regional services CBAFT-6 and CKCW-TV-2 St. Edward in Alberton and CBAFT Moncton and CKCW-TV-2 St. Edward in O'Leary, so long as the licensee distributes the signals of CBAFT-5 and CKCW-TV-1 Charlottetown, which provide the same programming.
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Finally, the Commission approves the application to change the authorized licensed area for the broadcasting receiving undertaking serving Alberton by including Elmsdale.
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This approval is subject to the construction in the extended area being completed and the extended system being in operation within twelve months of the date of this decision or, where the licensee applies to the Commission and satisfies the Commission that it cannot complete the construction and begin the operation of the extended systems before the expiry of this period and that an extension of this period is in the public interest, within such further periods of time as are approved in writing from time to time by the Commission. Should the Commission refuse to approve an extension of time requested by the licensee, the authority granted shall lapse and become null and void upon the termination of the last approved extension period.
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The Commission notes that the subscribers in the extended area will be offered the same programming services and will be charged identical fees to those in the current licensed service area.
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Alain-F. Desfossés
Secretary General
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