ARCHIVED -  Decision CRTC 96-833

Decision

Ottawa, 23 December 1996

Decision CRTC 96-833

Rogers Cablesystems Limited

Oshawa/Pine Ridge, Bowmanville, Whitby and Hampton, Ontario - 951103100 - 199604228

Licence renewal

Following Public Notice CRTC 1996-97 dated 10 July 1996 and Decision CRTC 96-522 dated 27 August 1996, the Commission renews the Class 1 licence held by Rogers Cablesystems Limited for the cable distribution undertaking serving the abov-noted communities, from 1 January 1997 to 31 August 2002.

The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting Act, will enable the Commission to consider the next licence renewal of this undertaking in accordance with the Commission's regional plan and to better distribute the workload within the Commission. The term is not reflective of any Commission concern regarding the licensee's performance.

The operation of this undertaking is regulated pursuant to Parts I, II and IV of the Cable Television Regulations, 1986 (the regulations) and the licence will be 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.

In its renewal application, the licensee requested to be relieved of the requirement of section 9 of the regulations to distribute the programming service of CKVR-TV Barrie on the basic band. An intervention was submitted by CHUM Limited, licensee of CKVR-TV Barrie, in opposition to this request. CHUM Limited suggested that it would be satisfied with carriage on a basic band restricted channel. In its reply, Rogers indicated that CHUM Limited's request was inconsistent with the Commission's distribution requirements.

The Commission notes that CKVR-TV, as a priority station under section 9 of the regulations, is entitled to be carried on the basic band. However, taking into account the concerns of all parties, the current channel position of the intervener's service and the interests of subscribers, the Commission considers that it would be most appropriate for Rogers to continue to distribute the intervener's service in its present channel position and therefore, encourages Rogers to continue to do so. The Commission therefore approves the licensee's request to be relieved, by condition of licence, from the requirement of section 9 of the regulations to distribute CKVR-TV Barrie on the basic band, so long as the service is distributed as part of the basic service.

The Commission approves the licensee's request to be relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signal of CHEX-TV-2 Oshawa on an unrestricted channel. Should the quality of the signal deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of the service on another channel.

Consistent with Decision CRTC 91-726 dated 4 September 1991, the licensee is relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signal of CFMT-TV Toronto on an unrestricted channel. Should the quality of the signal deteriorate significantly, the Commission expects the licensee to undertake immediate corrective action including, if necessary, the distribution of the service on another channel.

Consistent with Decision CRTC 96-99 dated 4 April 1996, by condition of licence, the licensee is relieved of the requirement of paragraph 9(1)(c) of the regulations to distribute the priority local service of CHEX-TV Peterborough so long as it distributes CHEX-TV-2 Oshawa; and to substitute, at its option, CHEX-TV Peterborough for CHEX-TV-2 Oshawa whenever the quality of the Oshawa signal is unsatisfactory.

Consistent with Decision CRTC 91-726 dated 4 September 1991 and pursuant to paragraph 10 (1)(l) of the regulations, the licensee is authorized to continue to distribute, at its option, WOKR-TV (ABC), WROC-TV (CBS), and WHEC-TV (NBC) Rochester, New York, received over the air, as part of the basic service. The Commission notes that the licensee has been distributing these signals on its undertaking for many years.

Also consistent with Decision CRTC 91-726 dated 4 September 1991, by condition of licence, the licensee is relieved of the requirement of section 9 of the regulations that it distribute TFO, the French-language educational television programming service operated by TVOntario, on the basic band, so long as the service is distributed as part of the basic service.

The licensee is authorized to continue to distribute, at its option, without advertising material, the special programming service consisting of pay-television promotional material, as part of the basic service.

Consistent with Decision CRTC 95-12 dated 18 January 1995, the licensee is authorized, by condition of licence, to insert, at its option, certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the local availabilities may be made available for the promotion of discretionary programming services and packages, customer service information, channel realignments, cable FM service and additional cable outlets.

The Commission reaffirms the particular importance it attaches to the development of community programming and has taken note of the annual budgets that will be allocated for this purpose during the new licence term. The Commission encourages the licensee to continue its efforts to develop programs that reflect community interests and concerns.

Based on the Commission's analysis of information submitted by the licensee, it appears that the licensee has made a positive commitment to Employment Equity through its active involvement in various initiatives that will ensure equitable employment in the organization and the Commission encourages the licensee to continue its efforts in this regard.

The Commission acknowledges the interventions submitted in support of this application.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General