ARCHIVED -  Public Notice CRTC 1995-135

Public Notice

Ottawa, 10 August 1995

Public Notice CRTC 1995-135

Western Canadian Communications Inc.

The Commission has received the following applications:

ATLANTIC REGION

Applications have been filed proposing to transfer to John L. Bragg and Family ("Bragg") beneficial control of various companies operating twenty-one cable distribution undertakings in Nova Scotia and one in New Brunswick.

Part A which follows, announces an application which deals with the transfer of beneficial control of Eastern Cablevision Limited from Stuart P. Rath and Family to Bragg. Bragg currently holds a minority interest position in Eastern. Eastern also holds ownership interests in other cable distribution companies, therefore, changes in control or ownership of those companies will also occur.

Parts B and C concern the transfer of beneficial control to Bragg of two licensee companies in which Eastern has an ownership interest, through the transfer of those shares owned by other parties to Bragg.

Part D concerns an application to transfer beneficial control to Bragg of another cable distribution licensee in which Mrs. Irene Rath has an ownership interest.

A. TRURO, PARRSBORO, HALIFAX, LIVERPOOL, CALEDONIA, GREENFIELD AND CHELSEA, EASTPORT MEDWAY, SHELBURNE, CLARK'S HARBOUR, LOCKEPORT, THOMASVILLE, YARMOUTH, DARTMOUTH, DIGBY, FREEPORT, SANDY COVE, TIVERTON, WESTPORT, SUSSEX, OXFORD, BASS RIVER, GREAT VILLAGE, MAITLAND AND SELMA, MASSTOWN, UPPER NORTH RIVER, MIDDLE STEWIACKE, PUGWASH, RIVER JOHN, TATAMAGOUCHE, WALLACE, WENTWORTH AND WESTCHESTER STATION, RIVER HEBERT, Nova Scotia; PORT ELGIN, New Brunswick

Application (950683300) by EASTERN CABLEVISION LIMITED ("Eastern"), c/o Bragg Communications Incorporated, P.O. Box 158, Oxford, Nova Scotia, B0M 1P0, requesting authority to change effective control by transferring 73.33% of the voting securities of Eastern from D.P. Subco Ltd. (6.66%) and Rath Holdings Ltd. (66.67%) which are beneficially owned by Stuart P. Rath and Family ("Rath"), to Bragg Communications Incorporated ("BCI"). BCI is beneficially owned by John L. Bragg and Family ("Bragg"). Bragg currently beneficially owns 26.67% of the voting securities of Eastern and therefore Eastern would become wholly owned by Bragg.

As a result of this transaction several other ownership changes would occur. BCI would acquire indirect ownership of the 19.65% of the voting securities of HALIFAX CABLEVISION LIMITED ("Halifax") held by Eastern. Bragg currently beneficially owns 34.35%, therefore, a change of control (54%) would result. Halifax in turn owns 100% of the voting securities of ABLE CABLEVISION LIMITED, SEABREEZE CABLEVISION LIMITED, and VIKING CABLE T.V. LIMITED.

In addition, BCI would acquire indirect ownership of the 36.32% of the voting securities of E & O CABLE HOLDINGS LIMITED ("E & O") held by Eastern. Bragg currently beneficially owns 63.68%, therefore, following this transaction Bragg would beneficially own 100% of the shares of E & O, a company which in turn owns 25% of the voting securities of ACCESS CABLE TELEVISION LIMITED.

BCI would also acquire the 50% of the voting securities of OXFORD CABLE SERVICES LIMITED ("Oxford") held by Eastern.

Oxford in turn holds 30% of the voting securities of BASS RIVER CABLE SERVICES LIMITED ("Bass River"), 25% of NORTH NOVA CABLE LIMITED ("North Nova") and 51% of the voting securities of SCOTIA CABLEVISION LIMITED ("Scotia"). Bragg currently beneficially owns the other 49% of the voting securities of Scotia.

B. OXFORD, Nova Scotia

Application (950423400) to transfer 50% of the voting securities of Oxford from James Geldart (20%) and Norman Crosby (30%) to BCI. As a result of this transfer and the transaction contemplated in A, Oxford and consequently Scotia, would be beneficially wholly owned by Bragg.

C. BASS RIVER, GREAT VILLAGE, MAITLAND AND SELMA, MASSTOWN, UPPER NORTH RIVER AND MIDDLE STEWIACKE, Nova Scotia

Application (950424200) to transfer 70% of the voting securities of Bass River from James Geldart (40%), Garth Gates (15%) and Fraser Bowser (15%) to BCI. As a result of this transaction and that contemplated in A, Bass River would be beneficially wholly owned by Bragg.

D. DEBERT, Nova Scotia

Application (950422600) to transfer control of COLCHESTER CABLE SERVICES LIMITED by transferring 100% of the voting securities from Irene Rath (50%) and Norman Crosby (50%) to BCI.

Following the aforementioned transactions, Eastern, Oxford, Scotia, Bass River, Colchester, and BCI would be included in an amalgamation into a new company to be incorporated, "Wholly Owned Cable", which would become the licensee of all cable distribution undertakings that are or would be beneficially wholly owned by Bragg as a result of these transactions.

A separate new company, "Partially Owned Cable", will be incorporated which will be beneficially owned by Bragg and which will own the shares beneficially owned by Bragg in Halifax, Access, and North Nova.

The creation of these new companies are addressed in Decision CRTC 95-374 dated 5 July 1995, wherein the Commission authorized a corporate re-organization of the ownership of the Bragg cable distribution related companies.

Examination of applications:

Eastern Cablevision Limited
69 Walker Street
Truro, Nova Scotia

Town Office
52 Main Street
Parrsboro, Nova Scotia

Viking Cable T.V. Limited
25 Shaw Avenue
Yarmouth, Nova Scotia

Hill Top Variety (Sears outlet)
Water Street
Oxford, Nova Scotia

Dominion Chair General Store
Bass River, Nova Scotia

Layton's General Store
Highway #2
Great Village, Nova Scotia

Freize and Roy General Store
Maitland, Nova Scotia

Masstown Market
Masstown, Nova Scotia

Kendricks General Store
Highway #289
Middle Stewiacke, Nova Scotia

Residence of Robert Thompson
Upper North River, Nova Scotia

Barnhills General Store
Plains Road
Debert, Nova Scotia

PUBLIC PARTICIPATION

Intervention

- submit your original written intervention to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2);

IN ORDER TO BE CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,

- your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, with facts and grounds therefor. In the event that the application is brought to the oral phase of a hearing it would be helpful to the Commission if you would provide reasons why your written comments are not sufficient and an appearance is necessary;

- a true copy MUST be sent to the applicant and a proof of such sending must accompany the original sent to the Commission;

- the intervention must be received by the CRTC and by the applicant ON OR BEFORE the deadline date indicated below. The Commission cannot be held responsible for postal delays;

- one may also communicate with the Commission
- by Telecopier: (819) 994-0218

Your intervention will be considered by the Commission, and will form part of the public record of the proceed-ing without further notification to you, provided the procedure set out above has been followed. You will be contacted only if your submission raises procedural questions.

DEADLINE FOR INTERVENTION:
14 September 1995

EXAMINATION OF DOCUMENTS
DURING NORMAL OFFICE HOURS

Documents are available:
° at the local address provided in this notice; and
° at the following Commission offices:

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 201
Hull, Quebec K1A 0N2
Tels: (819) 997-2429 - TDD 994-0423
Telecopier: (819) 994-0218

Bank of Commerce Building
Suite 1007
1809 Barrington Street
Halifax, Nova Scotia B3J 3K8
Tels: (902) 426-7997 - TDD 426-6997
Telecopier: (902) 426-2721

Other CRTC regional offices will also make documents available upon request by interested parties (normal delay: 48 hours).

Allan J. Darling
Secretary General