ARCHIVED -  Public Notice CRTC 1996-48

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Public Notice

Ottawa, 29 March 1996

Public Notice CRTC 1996-48


In Order in Council 1996-356, dated 19 March 1996 (the Order), the Governor in Council referred back to the Commission, for reconsideration and hearing, the following four decisions licensing new national pay audio programming undertakings to deliver digital audio services via satellite to Canadian cable and Direct-to-Home satellite subscribers:

 Decision CRTC 95-911 DMX Canada (1995) Ltd.
 Decision CRTC 95-912 Peter Kruyt (OBCI)
 Decision CRTC 95-913 CWP Partnership
 Decision CRTC 95-914 The Canadian Broadcasting Corporation/Société Radio-Canada

The applications were heard at the 30 October 1995 Public Hearing.

The Order states that:

The Governor in Council is of the opinion that it is material to the reconsideration and hearing that the Commission fully assess the availability of Canadian recorded music in the formats utilized in digital audio services and examine:

(a) if the pay audio programming undertakings should make greater use of Canadian music content to conform with levels similar to those required of over-the-air radio broadcasting; and

(b) if the requirements for Canadian content and music selections in the French language should be based on the total number of channels distri- buted instead of on the number of Canadian-produced pay audio channels.

In announcing the issuance of the Order, the Minister of Canadian Heritage expressed the Government's hope that the Commission would "quickly initiate its re-examination process, to ensure that the licensees can proceed at the earliest possible time with pay-audio services for the Canadian market". In response to those comments and in order to deal expeditiously with the requirements of Order in Council 1996-356, the Commission announces the following process:

The four pay audio licensees are invited to submit written comments on the matters raised in the Order in Council or to make, if they so wish, any amend- ments to their original applications, no later than 12 April 1996.

Following the submission of comments by the licensees, interested parties are invited to submit written comments on the matters set out in the Order in Council and on the written comments submitted by the licensees no later than 3 May 1996.

The licensees will then have until 24 May 1996 to reply to any written comments received by the Commission.

All comments and replies should be filed with the Secretary General, CRTC, Ottawa, Ontario, K1A 0N2 and a copy served on the licensee or licensees, as appropriate, at the addresses provided at the end of this notice.

In light of the nature of this proceeding, the Commission expects that all information provided in this process will form part of the public record of the proceeding without further notification to those filing comments.

All material filed with respect to this proceeding will be available for public examination at the following offices of the Commission during normal office hours:

CRTC Head Office
1 Promenade du Portage
Hull, Quebec

Halifax Regional Office
Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia

Montreal Regional Office
Place Montreal Trust
1800 McGill College Avenue
Suite 1920
Montreal, Quebec

Winnipeg Regional Office
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba

Vancouver Regional Office
800 Burrard Street
Suite 1380
Vancouver, British Columbia


DMX Canada (1995) Ltd.
c/o Shaw Communications Inc.
Suite 900
630 - 3rd Avenue S.W.
Calgary, Alberta
T2P 1L1

Peter Kruyt (OBCI)
79 Wellington Street West
Suite 2810
Toronto, Ontario
M5K 1J5

CWP Partnership
Canadian Satellite Communications Inc.
50 Burnamthorpe Road West
10th Floor
Mississauga, Ontario
L5B 3C2

The Canadian Broadcasting Corporation
1500 Bronson Avenue
Ottawa, Ontario
K1G 3J5

Allan J. Darling
Secretary General
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