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Public Notice
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Ottawa, 8 October 1991
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Public Notice CRTC 1991-105
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ORDER EXEMPTING CERTAIN SHORTWAVE BROADCASTING UNDERTAKINGS
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WHEREAS the Commission is satisfied that compliance with Part II of the Broadcasting Act (the "Act") by the class of broadcasting undertakings described below will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1) of the Act,
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THEREFORE the Commission, by order pursuant to subsection 9(4) of the Act, hereby exempts from the requirements of Part II of the Act those persons carrying on broadcasting undertakings of the class consisting of shortwave radio broadcasting undertakings that:
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- operate on the high frequency band 3 MHz to 30 MHz;
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- the Commission would not be prohibited from licensing pursuant to any Direction to the Commission by the Governor General in Council;
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- provide a service that is intended only for reception outside Canada and that is receivable only outside Canada, except for limited spillover reception in Canada that cannot be avoided close to the transmitter site or because the desired coverage outside Canada could not otherwise be attained, and that,
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- broadcast or rebroadcast no programming other than
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a) programming of, or supplied by, a publicly funded government agency whose mandate is to provide an international radio service, such as, for example, the Canadian Broadcasting Corporation's Radio Canada International, and
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b) simple statements of sponsorship that identify the sponsors of a program or of the station. Such statements may incorporate the name of the sponsor and a brief general description of the types of services or products the sponsor provides, including the price, name and brand name of the product. Such statements must not contain language that attempts to persuade consumers to purchase and thus must not contain references to convenience, durability or desirability or contain other comparative or competitive references.
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For the purpose of clarification, persons carrying on broadcasting undertakings falling within the class defined above are only exempted from the requirements of Part II of the Act in their carrying on of the undertakings of the said class.
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The Commission notes that, in view of this exemption order, no further action is required of it with respect to the application by North American Broadcasting Company (902097500) for a licence to carry on a shortwave undertaking at Morden, Manitoba. This application was on the agenda of the 8 July 1991 Public Hearing in the National Capital Region.
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Allan J. Darling
Secretary General
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