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ARCHIVED -  Decision CRTC 94-708

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Decision

Ottawa, 29 August 1994
Decision CRTC 94-708
The City of Dawson
Dawson City, Yukon Territory - 931482400 - 930998000
Licence renewal for and approval of a licence amendment authorizing the distribution of additional services on the radiocommunication distribution undertaking serving Dawson City
Following a Public Hearing held in Saskatoon beginning on 6 June 1994, the Commission renews the licence held by The City of Dawson (the City) for the radiocommunication distribution undertaking (RDU) serving Dawson City, from 1 September 1994 to 31 August 1999, subject to the conditions in effect under the current licence, as well as to those 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 radio stations in the area.
The licensee is authorized to continue to distribute, in non-encrypted mode, the programming services of CHAN-TV Vancouver on channel 13, with a transmitter power of 10 watts.
The Commission also approves the City's application, as amended at the hearing, to amend the licence for the RDU serving Dawson City by adding eight low-power television transmitters to distribute in non-encrypted mode the following programming:
CHANNEL/ POWER/
SOURCE CANAL PUISSANCE (WATTS)
CBC French-language Television 30 20
Service/Service de télévision de
langue française de Radio-Canada
Open Learning Agency (Knowledge 34 20
Network)
CITV-TV Edmonton 24 20
Allarcom Pay Television 28 20
(SuperChannel)
The Sports Network 26 20
The Family Channel 12 10
WTBS (IND) Atlanta, Georgia 4 10
WXYZ (ABC) Detroit, Michigan 22 20
In support of its applications, the City stated that the established RDU is funded from the property taxes paid by local residents, and that all Dawson City residents have access to the same service at an affordable cost to the community.
The City's application to expand the programming services offered on its undertaking originally requested authorization to distribute the programming services of the CBC French-language Television Service, the Open Learning Agency (Knowledge Network), the Family Channel and WTBS. At the hearing, the City requested authorization to add four additional programming services, namely CITV-TV Edmonton, Allarcom Pay Television (SuperChannel), The Sports Network and WXYZ.
The City also acknowledged, at the hearing, that it is currently distributing certain services without authority. The City, however, did make a commitment to cease the distribution of these services and replace them with the services authorized by the Commission "as soon as possible, within 30 days".
The distribution of the four programming services originally requested in the City's application to amend its licence has received technical certification from the Department of Industry, Science and Technology (DIST).
Accordingly, it is a condition of licence that the licensee cease distribution of the unauthorized programming services currently distributed and commence carriage of the CBC French-language Television Service, the Open Learning Agency (Knowledge Network), The Family Channel and WTBS for distribution on the Dawson City undertaking within 30 days of the date of this decision.
The Commission requires the City to submit a report to the Commission within 30 days of the date of this decision confirming that it has ceased distribution of the unauthorized services.
The distribution of the four services added by the City at the hearing has not received technical certification from DIST. Accordingly, in accordance with subsection 22 (1) of the Broadcasting Act, the Commission will only issue the licence amendment relating to the carriage of CITV-TV, Allarcom Pay Television (SuperChannel), The Sports Network and WXYZ, and the authority granted herein with respect to these signals, may only be implemented at such time as written notification is received from DIST that it will issue an amendment to the Broadcasting Certificate.
The City falls within the definition of a municipal government as set out in section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licence) (the Direction). The Commission is satisfied that all of the criteria set out in section 4 of the Direction have been met.
The Commission notes that the above-noted applications were considered in conjunction with an application filed by Northwestel Inc., representing a company to be incorporated (Northwestel), for a licence to carry on a cable undertaking to serve Dawson City. At the Saskatoon hearing, both the City and Northwestel were given the opportunity to intervene against each other's application.
In Decision CRTC 94-706 released today, the Commission has denied Northwestel's application for a cable licence to serve Dawson City, as well as its related applications to provide cable service to a number of other communities in the Yukon and Northwest Territories. The Commission indicated, however, that it would be prepared to deal expeditiously with applications containing a comprehensive plan, including firm commitments and a time-table, to provide cable service to the many small, isolated communities dispersed across the North.
In light of the possibility of a subscription-based undertaking being licensed to serve Dawson City sometime in the future, the Commission requires the licensee, by condition of licence, to cease the non-encrypted distribution of all non-Canadian services if and when so ordered by the Commission.
The Commission notes that, at the hearing, the licensee indicated for the first time that it wished to operate a service which originated community programming. It has been the Commission's practice to license such services as television programming undertakings, distinct from the RDUs with which they are associated. The Commission encourages the licensee to file with the Commission, pursuant to the CRTC Rules of Procedure, an application for a licence to operate a television programming undertaking to provide community programming.
The Commission acknowledges the intervention submitted by the Honourable Audrey McLaughlin as well as a petition containing 457 signatures in support of the City's applications.
Allan J. Darling
Secretary General

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