ARCHIVED -  Notice of Public Hearing CRTC 1997-4-1

Notice of Public Hearing

Ottawa, 2 May 1997

Notice of Public Hearing CRTC 1997-4-1

APPLICATIONS BY TELEPHONE COMPANIES TO CARRY ON BROADCASTING DISTRIBUTION UNDERTAKINGS

NOTICE OF PUBLIC HEARING

ISSUE NO. 2

MONTRÉAL, QUEBEC

7 JULY 1997, 9:00 A.M.

The Commission will hold a public hearing commencing on 7 July 1997, at the Complexe Guy-Favreau, 200 René-Lévesque Boulevard West, Montréal, Quebec, to consider the following:

 ATLANTIC AND QUEBEC REGION

On 27 February 1997, the Commission released Decision CRTC 97-84 approving the application by Groupe Vidéotron ltée (GVL) to transfer effective control of CF Cable TV Inc. (CF Cable) and its cable subsidiaries to Vidéotron ltée (Vidéotron). The approval was made subject to a condition precedent relating to the sale of Télévision Quatre Saisons (the French-language television stations CJFP-TV Montréal, CFAP-TV Quebec City and CJPC-TV Rimouski and the television network Télévision Quatre Saisons, hereinafter referred to collectively as TQS) and the English-language television station CFCF-TV (CFCF-12) Montréal to third parties not related to GVL.

Further to that decision, the Commission received several applications on or before 29 April 1997 from GVL, CF-12 inc. (CF-12), 3321118 Canada inc., and Communications Québecor inc. and its partners (Consortium Québecor). GVL and CF-12, a corporation resulting from the former CFCF inc. going private, have filed a series of applications to split off CF-12's broadcasting undertakings; a series of applications have been filed to subsequently transfer control of those broadcasting undertakings to third parties. The latter series of transfer applications would alter the effective control of TQS and CFCF-12, as well as Réseau de Télévision Quatre Saisons inc. (RTQS). RTQS is a 20% partner in the general partnership Canal Indigo. The Commission notes that irrespective of its decisions regarding this series of transactions, GVL requests to be relieved of the condition precedent relating to CF Cable and its cable subsidiaries not later than 22 August 1997.

Although the applications are complete for examination purposes, parties who may wish to intervene with respect to these applications should note that, in order to expedite proceedings during the hearing, the Commission may put certain questions for clarification purposes after this Notice of Public Hearing is released. These questions and responses will be entered in the public file prior to the deadline for interventions. Consequently, interveners are urged and expected to check the contents of the public examination files.

25.  MONTRÉAL, Quebec

Item 1

A series of applications were filed by GVL and CF-12 to effect corporate reorganizations to split off the various broadcasting and distribution undertakings owned by CF-12. These preliminary applications are necessary in order to proceed with the sale of CFCF-12, TQS and RTQS (see Items 2,3 and 4 below).

Application (199703773) by GVL on behalf of CF-12 for authority to fold into GVL the assets of 9028-9125 Québec inc. and 9008-6802 Québec inc., including all the shares of CF-12. This reorganization is for income tax purposes and does not affect the ultimate ownership of CF-12. The Commission notes that GVL will not exercise control of CF-12, and that the voting trust agreement dated 14 May 1996 will be amended to reflect the proposed changes and will be filed for Commission approval within 10 days following the release of this Notice. These applications will be processed by the Commission administratively at a later date.

Application (199703872) by GVL on behalf of CF Cable for authority to fold Société de Gestion CF Câble TV inc. into CF-12. Société de Gestion CF Câble TV inc. holds 100% of the shares of CF Cable.

Application (199703880) by GVL on behalf of CF Cable for authority to transfer effective control of CF Cable and its cable subsidiaries to GVL or to a wholly-owned subsidiary to be named.

Applications (199703898, 199703906, 199703913) by GVL on behalf of TQS inc., a company to be incorporated, for authority to transfer the assets of the television stations CFAP-TV Quebec City, CFJP-TV Montréal and CJPC-TV Rimouski and of the television network Télévision Quatre Saisons from CF-12 to a company to be incorporated (TQS inc.), and for broadcasting and network licences to carry on the above undertakings upon surrender of the existing licences issued to CF-12 and subject to the same terms and conditions as the existing licences.

In the event that the Commission denies the Consortium Québecor application in Item 2, an alternate application (199703921) was filed by GVL, on behalf of TQS inc., for authority to transfer control of TQS inc. to GVL and to deposit the shares with the trustee for subsequent sale.

The Commission notes that irrespective of its decisions regarding the above transactions, GVL requests to be relieved of the condition precedent relating to the operation of CF Cable not later than 22 August 1997.

Item 2

Application (199703864) on behalf of TQS INC. by the shareholders of a company to be incorporated, and seeks authority to acquire control of TQS inc. The proposed shareholders of the company to be incorporated are Communications Québecor inc. (Québecor - 80.51%), a wholly-owned subsidiary of Québecor inc., and Canadian Satellite Communications Inc. (CANCOM) (19.49%).

In accordance with a partnership agreement signed on 25 April 1997, and on condition that a unanimous shareholder agreement is signed not later than 15 May 1997, Québecor's interest will be reduced to 58.52% and the owners of the stations affiliated with the network Télévision Quatre Saisons will hold shares in the following percentages: Cogeco inc. - 19.99%; Radio Nord inc. - 1.0%; Radio Saguenay ltée - 0.5%; and Télévision MBS inc. - 0.5%.

Applications (199703963, 199703971, 199703989) by CONSORTIUM QUÉBECOR, on behalf of TQS inc., to renew the operating licences of CFJP-TV Montréal, CFP-TV Quebec City and CJPC-TV Rimouski as well as the licence of the network Télévision Quatre Saisons for a seven-year term.

Item 3

Application (199703541) by 3321118 Canada inc. on behalf of GVL and CF-12 for authority to acquire effective control of CF-12 through the transfer of the shares of CF-12. Following the corporate reorganization described in Item 1, CF-12 will be the licensee of the English-language television station CFCF-12 Montréal and will hold 14.24% of the shares of CTV Television Network Ltd. 3321118 Canada inc. is owned by WIC Television Ltd. (70%) and Capital Communications CDPQ inc. (30%). The shareholders of 3321118 Canada inc. subsequently intend to merge it with CF-12.

Item 4

Application (199703781) by VIDÉOTRON LTÉE on behalf of RTQS for authority to acquire effective control of RTQS, which is a 20% partner in the general partnership Canal Indigo, a pay-per-view television broadcasting undertaking for distribution via satellite and other platforms.

In the event of a denial by the Commission, an alternate application (199703781) was filed by Vidéotron on behalf of RTQS for authority to transfer control of RTQS to Vidéotron and to deposit the shares with a trustee for subsequent sale.

Examination of applications:

405 Ogilvy Avenue
Montréal, Quebec

300 Viger Avenue East
Montréal, Quebec

500 Bouvier Street
Quebec City, Quebec

2303 Sir Wilfrid-Laurier
Jonquière, Quebec

3720 Industriel Boulevard
Sherbrooke, Quebec

4141 Saint-Jean Boulevard
Trois-Rivières, Quebec

298 Thériault Boulevard
Suite 100
Rivière-du-Loup, Quebec

103 des Équipements
Rivière-du-Loup, Quebec

1729 - 3rd Avenue
Val d'Or, Quebec

380 Murdoch
Rouyn-Noranda, Quebec

171 Jean-Proulx
Hull, Quebec

SPECIFIC INDIVIDUAL REQUIREMENTS

PERSONS REQUIRING COMMUNICATIONS SUPPORT SUCH AS ASSISTIVE LISTENING DEVICES AND SIGN LANGUAGE INTERPRETATION ARE REQUESTED TO INFORM THE COMMISSION AT LEAST TWENTY (20) DAYS BEFORE THE COMMENCEMENT OF THE PUBLIC HEARING SO THAT THE NECESSARY ARRANGEMENTS CAN BE MADE.

 PUBLIC PARTICIPATION

 Intervention

PLEASE NOTE THAT AT THE PRESENT TIME THE COMMISSION CANNOT ACCEPT INTERVENTIONS SENT BY ELECTRONIC MAIL

IN ORDER TO HAVE YOUR INTER-VENTION CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,,

(  submit your original written intervention to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2). A true copy MUST be sent to the applicant and proof that this has been done must accompany the original intervention 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 must clearly identify the application. It must also include clear indication of whether you support or oppose the application, or, if you propose changes to it, include the facts and grounds therefor. In the event that the subject application is brought to the oral phase of the hearing, and should you wish to appear, your intervention must include a request to do so, preferably in the first paragraph of your letter, together with reasons as to why your written submission is not sufficient and why your appearance is necessary. The Commission will inform interveners whether their requests to appear are granted. All written interventions are considered by the Commission when it makes its decisions.

To ensure the effective use of public hearing time, and consistent with the Commission's practice in similar proceedings, it may group the appearance of various interveners to particular applications at the same time.

 DEADLINE FOR INTERVENTION:

12 June 1997

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

Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec H3A 3J6
Tels: (514) 283-6607 - TDD 283-8316
Telecopier: (514) 283-3689

Kensington Building
Suite 1810
275 Portage Avenue
Winnipeg, Manitoba R3B 2B3
Tels: (204) 983-6306 - TDD 983-8274
Telecopier: (204) 983-6317

530 - 580 Hornby Street
Vancouver, British Columbia
V6C 3B6
Téls: (604) 666-2111 - TDD 666-0778
Telecopier: (604) 666-8322

CRTC regional offices not directly involved in this public hearing will also make documents available upon request by interested parties (normal delay: 48 hours).

This document is available in alternative format upon request.

Allan J. Darling
Secretary General