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Ottawa, 27 September 1993
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Decision CRTC 93-627
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Heritage Cable Systems Inc.
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Delta; Elgin; Seeley's Bay; and
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Spencerville, Ontario - 930233200 - 930234000 - 930237300 - 930238100
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New cable distribution undertakings
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Following a Public Hearing in the National Capital Region beginning on 6 July 1993, the Commission approves the applications by Heritage Cable Systems Inc. for licences to carry on cable distribution undertakings to serve the above-mentioned communities and will issue Class 2 (fewer than 2,000 subscribers) licences expiring 31 August 1996.
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This term is consistent with the Commission's practice regarding the licensing of new class 2 (fewer than 2,000 subscribers) cable distribution undertakings.
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The operation of these undertakings will be regulated pursuant to Parts I and II 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 applicant is authorized, by condition of licence, to distribute, at its option, CHCH-TV Hamilton, WJBK-TV (CBS), WDIV (NBC) and WXYZ-TV (ABC) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service of each undertaking. In Public Notice CRTC 1986-182 announcing the enactment of the regulations, the Commission stated that the carriage of non-Canadian television stations whose signals are receivable over the air at the local head end, and that commenced operation after 1 January 1985, such as WWTI (ABC) Watertown, New York, in this case, would not be authorized automatically through the regulations. Instead, licensees wishing to carry such stations were directed to apply to the Commission for authorization on a case-by-case basis.
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Upon review of this matter, the Commission is satisfied that WWTI is predominantly directed to a U.S. market and will not materially compete with Canadian stations for advertising dollars or otherwise affect existing broadcasters in the area. Therefore, pursuant to paragraph 10(l)(j) of the regulations, the applicant is authorized to distribute, at its option, the programming service of WWTI (ABC) Watertown, received over the air, as part of the basic service of each undertaking.
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Also pursuant to paragraph 10(l)(j) of the regulations, the applicant is authorized to distribute, at its option, the programming service of WWNY-TV (CBS) Watertown, received over the air, as part of the basic service of each undertaking. The Commission has taken into account the fact that other cable systems in the area have been distributing duplicate U.S. network signals, received over the air, for a number of years.
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The applicant is relieved, by condition of licence, of the requirement of section 9 of the regulations that it distribute the French-language educational television programming service operated by TVOntario ("La Chaîne") on the basic band (channels 2 to 13), so long as the service is distributed as part of the basic service.
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The Commission notes that the applicant proposes to charge a basic monthly fee of $24.95.
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In accordance with subsection 22(1) of the Broadcasting Act, the Commission will issue licences to the applicant if it is in receipt of written notification from the Department of Communications (DOC), within twelve months of the date of this decision that it will issue Broadcasting Certificates. No licence will be issued if the Commission does not receive this notification within said period or, where the applicant applies to the Commission within this period and satisfies the Commission that it is unable to obtain said notification 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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It is a condition of each licence that the authority granted herein be implemented within twelve months of the date of receipt of the DOC notification referred to in the preceding paragraph or, where the applicant applies to the Commission within this period 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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In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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Allan J. Darling
Secretary General
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