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Windsor, Chatham, Leamington, Dutton, Bancroft, Barry's Bay, Lakefield/ Bridgenorth, Millbrook and Whitney, Ontario - 199712659 - 199712667 - 199712675 - 199712683 - 199712443 - 199712451 - 199712469 - 199712477 - 199712641
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1. Following a Public Hearing in the National Capital Region beginning 16 February 1998, the Commission approves the applications by a newly incorporated wholly-owned subsidiary of Shaw Cablesystems Ltd. (Shaw), which will be wound up into Shaw, for authority to acquire, as part of a corporate reorganization, the assets of the cable distribution undertakings serving Windsor, Chatham, Leamington and Dutton, from 1105145 Ontario Inc., a wholly-owned subsidiary of Shaw, and for broadcasting licences to continue the operation of these undertakings.
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2. The Commission also approves the applications by Shaw or another wholly-owned subsidiary of Shaw Communications Inc., for authority to acquire, as part of a corporate reorganization, the assets of the cable distribution undertakings serving Bancroft, Barry's Bay, Lakefield/Bridgenorth, Millbrook and Whitney, from 1110761 Ontario Inc., a wholly-owned subsidiary of Shaw and for broadcasting licences to continue the operation of these undertakings.
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3. The Commission will issue licences to Shaw or the wholly-owned subsidiary companies, expiring 31 August 2004, upon surrender of the current licences. The operation of the Windsor, Chatham and Leamington undertakings will be regulated pursuant to Parts 1 and 2 of the Broadcasting Distribution Regulations (the regulations) and the operation of the Bancroft, Barry's Bay, Lakefield/Bridgenorth, Millbrook, Whitney and Dutton undertakings, pursuant to Parts 1 and 3 of the regulations. The authority granted herein is subject to the same conditions as those in effect under the current licences, or that may be specified in the licences to be issued.
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4. In approving these applications, the Commission has taken into account the fact that the acquiring companies 1110761 Ontario Inc. and 1105145 Ontario Inc. are wholly-owned subsidiaries of Shaw and that these transactions thus represent an intra-corporate reorganization without any change occurring in the effective control or management of the licensees.
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5. The Commission notes that this corporate reorganization represent the first step in a series of transactions that will lead to the sale of these undertakings to Cogeco Cable Systems Inc. (Cogeco) and Nexicom Communications Inc. (Nexicom).
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6. In Decisions CRTC 98-165 to 98-169 of today's date, the Commission approved applications requesting authority for a change in control and the transfer of assets of cable distribution undertakings between Cogeco and Shaw through subsidiary companies. In total, the Shaw systems to be acquired by Cogeco serve approximately 90,000 subscribers, whereas the Cogeco systems to be acquired by Shaw serve approximately 72,000 subscribers, resulting in a net payment of $50 million to Shaw from Cogeco at the closing of the transaction.
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7. In addition, in a related decision of today's date, the Commission approved applications by Nexicom for authority to acquire the assets of the cable distribution undertakings from Shaw or the wholly-owned subsidiary company that acquires the Bancroft, Barry's Bay, Lakefield/Bridgenorth, Millbrook and Whitney undertakings as a result of the approval granted herein.
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This decision is to be appended to each licence.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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