ARCHIVED -  Decision CRTC 96-163

Decision

Ottawa, 23 May 1996

Decision CRTC 96-163

3039081 Canada inc.

Marsoui, Quebec - 952722700

Acquisition of assets and transfer of control

Following a Public Hearing in the National Capital Region beginning on 15 April 1996, the Commission approves the application by 3039081 Canada inc., for authority to acquire the assets of the cable distribution undertaking serving Marsoui from Ghislain Deschênes and Clément Gagné, doing business under the style of "G.D. Télévision Enr.", and for a broadcasting licence to continue the operation of this undertaking.

The Commission also approves the application for authority to transfer effective control of 3039081 Canada inc., through the transfer of 50 shares from Clément Gagné to Ghislain Deschênes. As a result of this transaction, Ghislain Deschênes will acquire effective control of this undertaking.

The Commission will issue a licence to 3039081 Canada inc., expiring 31 August 2002, upon surrender of the current licence. The operation of this undertaking will be regulated pursuant to Parts I, III and IV of the Cable Television Regulations, 1996 (the regulations). The authority granted herein is subject to the same conditions as those in effect under

the current licence, as well as to any other condition specified in this decision and in the licence to be issued.

The price of the transaction is $38,273. The purchase price for Clément Gagné's shares is $11,250.

The Commission approves, by condition of licence the applicant's request to be relieved from the requirement of paragraph 22(1)(a) of the regulations that it distribute the local services of CBGAT-10 (CBC) Mont-Louis-en-Haut and CBGAT-11 (CBC) Sainte-Anne-des-Monts. The applicant proposes to distribute the local service of CBGAT-8 (CBC) Marsoui which offers identical programming. Should any of the local stations for which an exemption is granted herein begin offering local programming, the licensee will be required to distribute the local station in question, on the basic service of its undertaking or apply to the Commission for a further exemption.

The Commission approves the appli-cant's request with respect to section 23 of the regulations. Accordingly, it is a condition of licence that the applicant be relieved of the requirement that it distribute at least four television programming services as provided for in section 23 of the regulations, so long as it distributes only the English-language television service of the CBC or as may be authorized by the Commission.

In Public Notice CRTC 1992-59, the Commission announced implementation of its employment equity policy. It advised licensees that, at the time of licence renewal or upon considering applications for authority to transfer ownership or control, it would review with applicants their practices and plans to ensure equitable employment. In keeping with the Commission's policy, it encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

An application (952709400) for the renewal of the licence issued to Ghislain Deschênes and Clément Gagné, doing business under the style of "G.D. Télévision Enr." was also on the agenda of the public hearing. The Commission notes that because it has approved the acquisition of assets mentioned above, it would appear that no further action is required on the licence renewal application.

This decision is to be appended to the licence.

 Allan J. Darling
 Secretary General