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Decision
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Ottawa, 2 October 1990
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Decision CRTC 90-1043
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John Lloyd Wheeler, doing business under the name and style of Robson Valley Cable Systems
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McBride, British Columbia- 893582700A1 Cablesystems Inc.McBride, British Columbia- 893167700North East Cable T.V. Ltd.McBride, British Columbia- 893686600
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Following a Public Hearing commencing 15 May 1990 in Edmonton, the Commission approves the application by John Lloyd Wheeler, doing business under the name and style of Robson Valley Cable Systems, for a licence to carry on a broadcasting receiving undertaking to serve McBride. The operation of this undertaking will be regulated pursuant to Parts I and III of the Cable Television Regulations, 1986 (the regulations).
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The Commission will issue a licence expiring 31 August 1994, subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to consider the renewal of this licence at the same time as that of other cable systems in the area. The competing applications by A1 Cablesystems Inc. and by North East Cable T.V. Ltd., each requesting authority to carry on a cable television undertaking at McBride, are denied.
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The Commission notes that an unauthorized cable system has been operating in McBride since the early 1980's. Mr. Wheeler acquired ownership of this system in September 1989, and immediately thereafter he submitted his licence application to the Commission. Based upon his application and responses to questioning at the hearing, the Commission is satisfied that Mr. Wheeler, a life-long resident of McBride, is able to provide a service of high quality to the community, including an attractive package of authorized television services, without delay and at a reasonable cost to subscribers.
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With respect to the services to be distributed on the undertaking, the applicant proposed to carry only one service received via satellite from CANCOM, that being the signal of CITV-TV Edmonton. Section 23 of the regulations, however, specifies the following:
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Except as otherwise provided pursuant to a condition of its licence, where a Part III licensee elects to distribute a Part III eligible non-Canadian satellite service or a pay television service or specialty service delivered by satellite, it shall distribute at least four television programming services delivered to its local head end by a network operator licensed to extend television and radio services to remote and underserved communities, at least one of which must be a Canadian programming service.
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At the hearing, Mr. Wheeler requested that the Commission grant a condition of licence relieving him of the requirement to distribute three additional services received from CANCOM arguing, among other things, that the services would represent an additional cost to subscribers.
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The Commission has considered the applicant's request, but is not satisfied that relief from the regulatory requirement of Section 23 is warranted, and denies the request accordingly. At the same time, the Commission notes that Mr. Wheeler will be distributing the signal of CH2537 McBride on his undertaking. This local service, which consists of the programming of CHAN-TV Vancouver, is purchased from CANCOM and rebroadcast to the community by Robson Valley Entertainment Society, a group funded from municipal taxes.
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In the circumstances, the Commission has decided to consider the CHAN-TV service, received via satellite and rebroadcast at McBride on CH2537, as constituting one of the four services that the licensee must have "delivered to its local head end by a network operator" in order for it to comply with the requirement of Section 23. The Commission, however, directs Mr. Wheeler to advise it, within 60 days of the date of this decision, regarding which two additional CANCOM-delivered signals are being distributed on the McBride undertaking.
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Alain-F. Desfossés
Secretary General
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