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Decision
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Ottawa, 2 October 1990
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Decision CRTC 90-1041
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A1 Cablesystems Inc.
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Blackfoot, Bluesky, Clive, Czar, Dewberry, Eaglesham, Fort Assiniboine, Galahad, Heisler, New Norway, Radway, Rosalind, Strome, Waskatenau and Wildwood, Alberta - 893148700 - 893149500 - 893150300 - 893151100 - 893152900 - 893153700 - 893154500 - 893155520 - 893156000 - 893157800 - 893158600 - 893159400 - 893160200 - 893161000 - 893162800
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Following a Public Hearing commencing 15 May 1990 in Edmonton, the Commission approves the applications by A1 Cablesystems Inc. (A1) for licences to carry on new broadcasting receiving undertakings to serve the 15 Alberta communities noted above. The Commission will issue licences expiring 31 August 1995, subject to the conditions specified in this decision and in the licences to be issued.
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The operation of A1's new undertakings will be regulated pursuant to Parts I and III of the Cable Television Regulations, 1986 (the regulations), except for the five serving the communities of Clive, New Norway, Rosalind, Radway and Waskatenau. These five undertakings will be regulated pursuant to Parts I and II of the regulations, and will be issued Class 2 licences accordingly. The Commission has considered the applicant's request for conditions of licence authorizing it to act as a Part III licensee in respect of the five Class 2 undertakings noted above. The applicant noted that all of the 15 communities affected by this decision are of roughly the same size, and suggested that they should have access to the same range of services. It added that Part III status allows for greater flexibility in tailoring basic signal packages and for avoidance of the technical costs of a discretionary tier.
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The issuance of Class 2 licences in respect of the five communities concerned conforms with the Commission's policy in that each is located within the Grade B official contour of at least three licensed television stations. The Commission does not consider that A1 has provided enough evidence to justify any exception to this policy and its request is accordingly denied.
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The applicant requested, in the event that the Commission not grant conditions of licence authorizing it to act as a Part III licensee in the five communities, that it be exempt from the regulatory requirement for the distribution of community programming at those locations. In the Commission's view, A1 failed to provide a sufficient rationale to justify the granting of any such exemption and its request is accordingly denied.
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The Commission notes A1's commitment to provide an active message service on these Class 2 undertakings, using a computer, modulator and monitor at each location. The Commission encourages A1 to promote community interest in, and access to, this community channel.
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The Commission reminds A1 that, as a consequence of the denial of its request for Part III status at Clive, carriage of the extra-regional signal of CBXT Edmonton will be mandatory at that location.
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The Commission notes that no local or regional French-language television station owned and operated by the CBC will be received over the air at New Norway, and that the applicant has proposed to distribute the CBC French-language service of CBXFT Edmonton, which is an extra-regional station in relation to that community.
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Accordingly, it is a condition of licence in respect of the New Norway undertaking that the licensee is relieved of the requirement of paragraph 9(1)(f) of the regulations to distribute the French-language programming service of a television station owned and operated by the CBC and distributed to the licensee by satellite or microwave relay so long as the over-the-air signal of CBXFT is distributed and is of acceptable quality.
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A1 is reminded that all priority services must be distributed on unrestricted channels of Class 2 undertakings in accordance with section 12 of the regulations. The Commission notes in this regard the information submitted by A1 following the hearing indicating its intention to distribute community programming and the signal of CKRD-TV Red Deer on restricted channels of the proposed undertakings at Clive and New Norway, respectively. Should A1 wish to distribute a priority service on a restricted channel of these or any of its new Class 2 undertakings, an application for a condition of licence allowing such distribution, together with a clear rationale for the request, must first be submitted for Commission approval.
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The Commission also reminds A1 that it is required to submit, both to the CRTC and to the Department of Communications (DOC), its proposed head end co-ordinates in respect of 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.
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In line with A1's commitment at the hearing, it is a condition of each licence that construction of the undertaking concerned be completed and that it be in operation within 12 months of the date of this decision or, where A1 applies to the Commission and satisfies the Commission that it cannot implement its authority before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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As discussed at the hearing, for the purpose of section 18 of the regulations, the amount of $19.95 will form the base portion of the basic monthly fee in respect of A1's new Class 2 undertakings. For Part III undertakings, the basic monthly fee is not regulated.
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, A1 is authorized, by condition of licence, to distribute on each of the new Class 2 undertakings, at its option, the signals of WXYZ-TV (ABC), WJBK-TV (CBS), WDIV (NBC) and WTVS (PBS) Detroit, Michigan as part of the basic service.
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The Commission acknowledges the supporting interventions submitted by the village councils of several of the communities concerned.
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Alain-F. Desfossés
Secretary General
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