ARCHIVED - Decision CRTC 96-141
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Ottawa, 10 May 1996
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Decision CRTC 96-141
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Shaw Cablesystems Inc.
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Across Canada
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Intra-corporate reorganization
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At a Public Hearing held in Vancouver beginning on 27 February 1996, the Commission considered the applications approved below requesting authority for changes of control and/or the transfer of assets of certain wholly-owned subsidiary licensee companies of Shaw Communications Inc., or the transfer of minority interests held by certain of the subsidiary companies in licensee companies as part of an intra-corporate reorganization. In approving these applications, the Commission has taken into consideration the fact that the proposed transactions represent an intra-corporate reorganization without any change occurring in the beneficial control, programming or management of the licensees.
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On 1 September 1995, Shaw Cablesystems Inc. was formed by the amalgamation of a number of subsidiary companies of Shaw Communications Inc., including the following subsidiary licensee companies: Alberta Broadcasting Corporation Limited, Albion Cable T.V. Limited, Bay Cablevision Ltd., Chinook Cable T.V. Ltd., Morrill's Cable T.V. Limited, Orangeville Cable-Vu Limited, Royal Oak Cablevision Ltd., Shaw Cablesystems (Alberta) Ltd., Shaw Cablesystems (B.C.) Ltd., and Shaw Cablesystems (N.S.) Limited. Shaw Cablesystems Inc. will continue as the licensee.
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A. Barrie, Camp Borden, Dundalk, Grand Valley, Keswick, Lion's Head, Listowell, Mildmay, Orillia, Paisley, Pickering, Port Elgin, Tara, Metro Toronto (part of), Wiarton and Wingham, Ontario - 952643500
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The Commission approves the application for authority to change control of Trillium Cable Communications Limited (Trillium) through the transfer of all the issued and outstanding securities from CUC Broadcasting Limited (CUC) to Shaw Cablesystems Inc.
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B. Across Canada - 952644300
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The Commission approves the application to transfer 31,073.3 common shares (34.3%) of YTV Canada, Inc. from CUC to Shaw Cablesystems Inc.
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C. Cobourg/Port Hope and Brockville, Ontario - 952645000
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The Commission approves the application to transfer 350 common shares (35%) of UMG Cable Telecommunications Inc., from CUC to Shaw Cablesystems Inc.
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D. Barrie, Camp Borden, Dundalk, Grand Valley, Keswick, Lion's Head, Listowell, Mildmay, Orillia, Paisley, Pickering, Port Elgin, Tara, Metro Toronto (part of), Wiarton and Wingham, Ontario - 952648400 - 952651800 - 952653400 - 952655900 - 952657500 - 952661700 - 952662500 - 952663300 - 952665800 - 952666600 - 952668200 - 952669000 - 952671600 - 952672400 - 952674000 - 952676500
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The Commission approves the applications to transfer the assets of Trillium to Shaw Cablesystems Inc. and for licences to continue the operation of the cable distribution undertakings serving the communities noted above, upon surrender of the current licences issued to Trillium.
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Upon surrender of the current licences issued to Trillium, the Commission will issues licences to Shaw Cablesystems Inc., expiring on the current expiry date for each undertaking. The licences for the undertakings serving Barrie, Camp Borden, Dundalk, Keswick, Metro Toronto (part of), Mildmay, Orillia, Pickering, and Wingham will expire on 31 August 1996. The licences for the undertakings serving Lion's Head, Listowell, Paisley, Port Elgin, Tara and Wiarton will expire on 31 August 1997. The licence for the undertaking serving Grand Valley will expire on 31 August 1998. The licences will be subject to the same conditions as those in effect under the current licences, as well as to any other condition specified in Appendix I to this decision and in the licences to be issued.
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The Commission notes that Notice of Public Hearing CRTC 1995-16 dated 27 December 1995 incorrectly indicated application 952660900 (Leamington) as part of this transaction. No further action is required on this application.
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E. Winnipeg, Manitoba - 952646800
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The Commission approves the application for authority to change control of Shaw Cablesystems (Manitoba) Ltd., through the transfer of all the issued and outstanding shares from Shaw Cablesystems (Ontario) Ltd. to Shaw Cablesystems Inc.
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F. Calgary (part of) and Crossfield, Alberta; Manitouwadge, Marathon, Red Rock, Sault Ste. Marie, Terrace Bay, Thunder Bay, Wawa and White River, Ontario - 952677300 - 952678100 - 952679900 - 952680700 - 952681500 - 952682300 - 952683100 - 952684900 - 952685600
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The Commission approves the applications to transfer the assets of Shaw Cablesystems (Ontario) Ltd. to Shaw Cablesystems Inc. and for broadcasting licences to continue the operation of the cable distribution undertakings serving the communities noted above, upon surrender of the current licences issued to Shaw Cablesystems (Ontario) Ltd.
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Upon surrender of the current licences, the Commission will issue licences expiring on the current expiry date for each undertaking. The licence for the undertaking serving Calgary (part of) and Crossfield will expire on 31 August 1999. The licences for the undertakings serving Manitouwadge, Marathon, Red Rock, Terrace Bay, Wawa and White River will expire on 31 August 1998. The licences for the undertakings serving Sault Ste. Marie and Thunder Bay will expire on 31 August 2000. The licences will be subject to the same conditions as those in effect under the current licences, as well as to any other condition specified in Appendix II to this decision and in the licences to be issued.
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The Commission acknowledges the intervention submitted in opposition to these applications and is satisfied with the licensee's response thereto.
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This decision is to be appended to each licence.
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Allan J. Darling
Secretary General |
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APPENDIX I / ANNEXE I
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Conditions of licence for the cable distribution undertakings serving Barrie, Camp Borden, Dundalk, Grand Valley, Keswick, Lion's Head, Listowell, Mildmay, Orillia, Paisley, Pickering, Port Elgin, Tara, Metro Toronto (part of), Wiarton and Wingham, Ontario
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Barrie and Orillia
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In addition to the services required or authorized to be distributed pursuant to the applicable sections of the Cable Television Regulations, 1986 (the regulations), the licensee is authorized, by condition of licence, to continue to distribute, at its option, CITY-TV Toronto and CHCH-TV Hamilton, received via microwave, as part of the basic service of each undertaking.
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Listowell and Port Elgin
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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 continue to distribute, at its option, WTOL-TV (CBS) Detroit, Michigan, received via satellite from CANCOM, as part of the basic service of each undertaking.
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Metro Toronto (part of) and Pickering
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Pursuant to paragraph 10(1)(l) of the regulations, the licensee is authorized to continue to distribute, at its option, the programming services of WGRZ-TV (NBC) and WIVB-TV (CBS) Buffalo, New York, received over-the-air, as part of the basic service. The Commission notes that the licensee has been distributing these signals on its undertaking for many years.
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Paisley and Port Elgin
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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 continue to distribute, at its option, CKVR-TV Barrie and CITY-TV-2 Woodstock, received via microwave, as part of the basic service of each undertaking.
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Dundalk
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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 continue to distribute, at its option, CFPL-TV London, received via microwave, as part of the basic service.
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Lion's Head
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The licensee is authorized, by condition of licence, to operate this undertaking as a Part III licensee.
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Listowel
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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 continue to distribute, at its option, CFMT-TV Toronto, received over-the-air, as part of the basic service.
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The licensee is also authorized, by condition of licence, to distribute, at its option, WGRZ-TV (NBC), WIVB (CBS), WKBW-TV (ABC) and WNED (PBS) Buffalo, New York, received via microwave, as part of the basic service.
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The licensee is relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signal of CKNX-TV Wingham on an unrestricted channel. 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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Pickering
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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 continue to distribute, at its option, CKCO-TV Kitchener, received over-the-air, as part of the basic service.
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Wingham
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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 continue to distribute, at its option, CITY-TV-2 Woodstock, CFTO-TV Toronto and CFMT-TV Hamilton, received via microwave, as part of the basic service.
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Barrie, Camp Borden, Dundalk, Grand Valley, Keswick, Leamington, Listowel, Mildmay, Orillia, Paisley, Port Elgin and Wingham
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The licensee is relieved, by condition of licence, of the requirement of section 9 of the regulations that it distribute TFO, the French-language educational television programming service operated by TVOntario, on the basic band (channels 2 to 13), so long as the service is distributed as part of the basic service of each undertaking.
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Camp Borden, Dundalk and Keswick
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The licensee is relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signal of CKVR-TV Barrie on an unrestricted channel of each 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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Grand Valley
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The licensee is relieved, by condition of licence, of the requirement of section 12 of the regulations to distribute the signal of CKCO-TV Kitchener on an unrestricted channel. 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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Barrie, Metro Toronto (part of), Orillia and Pickering
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The licensee is authorized, by condition of licence, to insert, at its option, certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the commercial availabilities may be made available for the promotion of discretionary programming services and packages, customer service information, channel realignments, cable FM service and additional cable outlets.
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APPENDIX II / ANNEXE II
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Conditions of Licence for the Cable Distribution Undertakings Serving Calgary (part of) and Crossfield, Manitouwadge, Marathon, Red Rock, Sault Ste. Marie, Terrace Bay, Thunder Bay, Wawa and White River
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Calgary (part of) and Crossfield
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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 continue to distribute, on the Crossfield portion of the system, at its option, CFRN-TV-6 Red Deer, received over the air, as part of the basic service.
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The licensee is authorized to continue to distribute, at its option, as part of the basic service, KSPS-TV (PBS), KHQ-TV (NBC), KXLY-TV (ABC) and KREM-TV (CBS) Spokane, Washington, received via microwave. The licensee is further authorized to continue to distribute, at its option, on audio channels of the undertaking, KMBI-FM, KXLY-FM, KISC-FM, KDRK-FM, KEZE-FM and KZZU Spokane, received via microwave, and the audio signals of The Arts and Entertainment Network and The Nashville Network, received via microwave, as part of the basic service.
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The licensee is authorized to continue to distribute, at its option, without advertising material, except that contained in programs which are being rebroadcast, replays of Canadian programs broadcast by CICT-TV (formerly CKKX-TV) Calgary.
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The Commission authorizes the licensee to continue to distribute, at its option, and without advertising material, special programming services consisting of pay television promotional material, children's programming, City of Calgary Information Guide and religious programs.
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It is a condition of licence that the licensee delete commercial messages from television signals received from broadcasting stations not licensed to serve Canada, and substitute suitable replacement material therefor. The licensee is authorized to continue the level and scope of the current deletion and substitution activities. The licensee is not authorized to increase the scope of such activities in any way.
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The licensee is relieved, by condition of licence, from the requirement to distribute priority signal CITV-TV-1 Red Deer as part of the basic service on that part of its cable system serving part of Calgary.
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The licensee is authorized, by condition of licence, to continue to distribute, at its option, the special programming service consisting of ethnic and multicultural programs, which do not include any commercial messages other than sponsorship credits. Such sponsorship credits may include the sponsor's name, address and nature of business or profession, but may not include a telephone number, company logo or trademark, picture or representation of an establishment, display of goods or any qualifying words or statements which might promote the sponsor's business, service or product.
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Sault Ste. Marie
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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 continue to distribute, at its option, WNEM-TV (NBC) Bay City, WKBD-TV (IND) Detroit, WNMU-TV (PBS) Marquette and WJRT-TV (ABC) Flint, Michigan, received via microwave, as part of the basic service.
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Thunder Bay
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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 continue to distribute, at its option, WXYZ-TV (ABC), WTOL-TV (CBS), WTVS (PBS) and WDIV (NBC) Detroit, Michigan, received via satellite from CANCOM, as part of the basic service.
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Sault Ste. Marie and Thunder Bay
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The licensee is relieved, by condition of licence, of the requirement of section 9 of the regulations that it distribute TFO, the French-language educational television programming service operated by TVOntario, on the basic band (channels 2 to 13), so long as the service is distributed as part of the basic service.
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Consistent with Decisions CRTC 93-333 for the Thunder Bay undertaking and CRTC 93-334 for the Sault Ste. Marie undertaking, the licensee is prohibited, by condition of licence, from distributing the distant signal of CHCH-TV Hamilton.
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Calgary (part of) and Crossfield, Sault Ste. Marie and Thunder Bay
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The licensee is authorized, by condition of licence, to insert, at its option, certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) of non-Canadian satellite services. At least 75% of these local availabilities must be made available for use by licensed Canadian programming services for the promotion of their respective services, for the promotion of the community channel and for unpaid Canadian public service announcements. A maximum of 25% of the commercial availabilities may be made available for the promotion of discretionary programming services and packages, customer service information, channel realignments, cable FM service and additional cable outlets.
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Manitouwadge, Marathon, Red Rock/Nipigon, Terrace Bay, Wawa and White River
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The licensee is authorized, by condition of licence to operate these undertakings as Part III licensees.
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