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Ottawa, 3 September 1993
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Decision CRTC 93-577
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Télécâble Provincial Inc.
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Saint-Hugues; Saint-Jude and Saint-Bernard; Saint-Nérée; Sainte-Euphémie; Sainte-Hélène-de-Bagot; and Saint-Théodore-d'Acton, Quebec - 922268800 - 922269600 - 922265400 - 922266200 - 922264700 - 922262100
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New cable distribution undertakings
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Following a Public Hearing in Quebec City beginning on 4 May 1993, the Commission approves the applications by Télécâble Provincial Inc. for licences to carry on cable distribution undertakings to serve the above-mentioned communities.
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The applicant has requested the addition of a condition of licence authorizing it to act as a Part III licensee under the applicable section of the Cable Television Regulations, 1986 (the regulations). In light of the small size of these undertakings which will serve sparsely-populated communities, the Commission authorizes the applicant, by condition of each licence, to act as a Part III licensee.
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The operation of these undertakings will be regulated pursuant to Parts I and III of the regulations. The Commission will issue licences expiring 31 August 1996 subject to the conditions specified in this decision and in the licences to be issued. This term is consistent with the Commission's practice regarding the licensing of new cable distribution undertakings regulated pursuant to Parts I and III of the regulations.The Commission approves the applicant's requests with respect to section 23 of the regulations. Accordingly, it is a condition of each licence that the applicant be relieved of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only those U.S. television services listed in the current application or as may be authorized by the Commission.
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In approving this application, the Commission has taken into account the applicant's argument that the distribution of additional English-language CANCOM services is not justified for its subscribers who are almost exclusively francophone. The Commission acknowledges the intervention submitted by Canadian Satellite Communications Inc. with regard to these applications.
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Further, the Commission notes that the applicant proposes to distribute The Nashville Network (TNN), which is a Part III eligible non-Canadian satellite service. This proposal is inconsistent with the applicant's argument in its request for relief from the provisions of section 23 of the regulations, in which it claims that its mostly francophone subscribers do not wish to receive additional English-language services. Consequently, the Commission expects the applicant either to delete TNN from its distribution list or to comply with the four-signal requirement of section 23 of the regulations. The applicant is required to file a report with the Commission, within three months of the date of this decision, confirming which of these two options it has chosen.
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With regard to the Sainte-Hélène-de-Bagot and Saint-Théodore-d'Acton undertakings, the licensee is reminded that, pursuant to section 22 of the regulations, it must distribute the service of CIVS-TV Sherbrooke instead of CIVM-TV Montréal. The signal is considered to be a regional signal for Sainte-Hélène-de-Bagot and a local signal for Saint-Théodore-d'Acton. 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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It is a condition of each licence that construction of the undertaking be completed and that it be in operation within twelve months of the date of this decision or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete implementation 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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The Commission notes the observations submitted by T.M. Multi-Régions Inc. Further, the Commission acknowledges the interventions submitted by the Corporations municipales of Saint-Jude and of Sainte-Hélène-de-Bagot in support of the applications for licences to serve these communities.
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Allan J. Darling
Secretary General
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