ARCHIVED - Decision CRTC 95-374
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Ottawa, 5 July 1995
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Decision CRTC 95-374
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John L. Bragg
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Atlantic Region
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Intra-corporate reorganization
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At a Public Hearing in the National Capital Region held on 21 February 1995, the Commission considered applications by John L. Bragg for authority to effect an intra-corporate reorganization involving licensees of several cable distribution undertakings. The Commission notes that these applications involve several share and assets transfers at various stages of the proposed reorganization. The proposed reorganization has been broken down into Part A, which deals with share transfers and Part B, which deals with transfers of assets. The Commission also notes that the implementation of the proposed transfers represents an intra-corporate reorganization that does not alter the ultimate effective control of all the cable distribution undertakings currently held by the applicant.
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Part A
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Windsor and Sydney, Nova Scotia; Summerside, Prince Edward Island; Portage La Prairie, Southport and MacGregor, Manitoba; Halifax and River Hebert, Nova Scotia; and Port Elgin, New Brunswick - 941712200 - 941917700 - 941713000 - 941714800 - 941715500
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The applicant proposed to transfer the shares of the above-noted licensee companies through a series of tranfers resulting in the incorporation of New Holdco, a company controlled by Tidnish Holdings Limited, which in turn is controlled by John L. Bragg. New Holdco will in turn be the parent company of Cable Holdco, which in turn will wholly own two new incorporated companies, namely Wholly Owned Cable and Partially Owned Cable.
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The Commission approves the applications for authority to transfer the indirect effective control of K-Right Communications Limited (K-Right) by the transfer of shares of Oxford Communications Limited (Oxford) to New Holdco and subsequently, the transfer of Oxford to Cable Holdco. Thereafter, K-Right, Oxford and Wholly Owned Cable will amalgamate and continue as Wholly Owned Cable. As a result of this amalgamation, Wholly Owned Cable will become licensee of the cable undertakings serving the above-noted areas.
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The Commission also approves the application to transfer 80% interest of Portage Community Cablevision Ltd. as a result of the amalgamation of Halcorp Limited (the parent company) with New Holdco and to continue under the same name New Holdco.
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In addition, the Commission approves the transfer of the 34.35% minority interest in Halifax Cablevision Limited and the 49% minority interest in Scotia Cablevision Limited to Partially Owned Cable.
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The applicant also proposed to transfer a 23.67% interest in Eastern Cablevision Limited and a 15.9% interest in Access Cable Television Limited to Partially Owned Cable. These transfers however, do not require Commission approval.
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Part B
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Amherst; Antigonish; Bridgewater; Cross Roads Country Harbour; Guysborough; Kingston; Margaretsville; New Germany; Nictaux; Port Bickerton; Sherbrooke; Springhill; Tidnish; and Collingwood, Nova Scotia; and Sackville, New Brunswick - 941697500 - 941698300 - 941699100
- 941700700 - 941701500 - 941702300 - 941703100 - 941704900 - 941705600 - 941706400 - 941707200 - 941708000 - 941709800 - 941711400 - 941710600 |
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The Commission approves the applications by John L. Bragg, on behalf of a company to be incorporated (Wholly Owned Cable), for authority to acquire, from Bragg Communications Incorporated and, in the case of the Collingwood undertaking, from John L. Bragg, the assets of the cable distribution undertakings serving the above-noted areas, and for broadcasting licences to continue the operation of these undertakings.
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The Commission will issue licences to John L. Bragg, on behalf of a company to be incorporated, (Wholly Owned Cable) expiring 31 August 2001 for Sackville, 31 August 1997 for Guysborough and Cross Roads Country Harbour, and 31 August 2002 for the remaining communities noted above, the current expiry dates, upon surrender of the current licences. The operation of these undertakings will be regulated pursuant to Parts I and II or Parts I and III of the Cable Television Regulations, 1986 (the regulations). The authority granted herein is subject to the same conditions as those in effect under the current licences, as well as to any other conditions that may be specified in the licences to be issued.
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In its applications, the licensee had proposed to continue to distribute WJBK-TV Detroit, Michigan, received via satellite from the CANCOM network. This station, however, is no longer a CBS affiliate, and is no longer distributed by CANCOM.
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Instead, CANCOM has been authorized to carry WTOL-TV (CBS) Toledo, Ohio (Decision CRTC 94-897 dated 28 November 1994). In Public Notice CRTC 1995-33 dated 1 March 1995, the Commission announced an application by CANCOM, acting as an agent for the licensee, to amend its licence by deleting the condition of licence authorizing the distribution of WJBK-TV, and adding a condition of licence authorizing the distribution of WTOL-TV, received via satellite from the CANCOM network, as part of the basic service.
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Allan J. Darling
Secretary General |
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APPENDIX / ANNEXE
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Authorizations and conditions of licence
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Bridgewater/Lunenburg (Class 1)
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, WXYZ-TV (ABC), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service.
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The licensee is authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Kingston (Class 1)
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, WXYZ-TV (ABC), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service.
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The licensee is authorized to distribute, at its option, CFJP-TV (TQS) Montréal, received via satellite, as part of the basic service.
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The licensee is authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Amherst (Class 2)
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, WXYZ-TV (ABC), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service.
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The licensee is authorized by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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The licensee is also relieved, by condition of licence, from the requirement of subsection 16(2) of the regulations that it distribute the local station CFQM-FM Halifax on an unrestricted audio channel of the undertaking. 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.
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Antigonish (Class 2)
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized, by condition of licence, to distribute, at its option, WXYZ-TV (ABC), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, received via satellite from the CANCOM network, as part of the basic service.
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The licensee is authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Cross Roads Country Harbour, Guysborough, New Germany, Port Bickerton, Sherbrooke and Collingwood (Part III)
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The licensee is authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Margaretsville (Part III)
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The licensee is authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Pursuant to subsection 24(2) of the regulations, the licensee is authorized, by condition of licence, to distribute the service comprising the proceedings of the House of Commons on the community channel at times when community programming is not being distributed. Pursuant to paragraph 25(a) of the regulations, the licensee is authorized, by condition of licence, to curtail the signal of this service as necessitated by community programming requirements.
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Nictaux (Part III)
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The licensee is authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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The licensee is authorized to distribute CFJP-TV (TQS) Montréal, as part of the basic service.
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Springhill and Sackville (Class 2 with fewer than 2,000 subscribers)
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the regulations, the licensee is authorized to distribute, at its option, WVII-TV (ABC) and WLBZ-TV Bangor, Maine, received via microwave, as part of the basic service.
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The licensee is also authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Tidnish (Class 2 with fewer than 2,000 subscribers)
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The licensee authorized, by condition of licence, to distribute the Atlantic Satellite Network (ASN), received via satellite, provided that it is distributed on an unrestricted channel of the basic service.
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Pursuant to subsection 24(2) of the regulations, the licensee is authorized, by condition of licence, to distribute the service comprising the proceedings of the House of Commons on the community channel at times when community programming is not being distributed. Pursuant to paragraph 25(a) of the regulations, the licensee is authorized, by condition of licence, to curtail the signal of this service as necessitated by community programming requirements.
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