ARCHIVED -  Notice of Public Hearing CRTC 1998-2

Notice of Public Hearing

Ottawa, 20 March 1998

Notice of Public Hearing CRTC 1998-2

ISSUE NO. 1

HULL, QUEBEC

25 MAY 1998, 9:00 A.M.

The Commission will hold a public hearing commencing on 25 May 1998, at the Commission Headquarters, 1 Promenade du Portage, Hull, Quebec, to consider the following:

ATLANTIC AND QUEBEC REGION

1.  CHICOUTIMI, Quebec

Application (199716718) by the CANADIAN BROADCASTING CORPORATION for a broadcasting licence to carry on a French-language FM (radio) programming undertaking at Chicoutimi, operating on a frequency of 93.7 MHz (channel 229B) with an effective radiated power of 50,000 watts, upon surrender of the current licence for CBJ-AM.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

Examination of application:

Canadian Broadcasting Corporation
500 des Saguenéens Street
Chicoutimi, Quebec

Post Office
Chapais, Quebec

Post Office
621 - 3rd Street
Chibougamau, Quebec

Post Office
181 - 5th avenue
Dolbeau, Quebec

Post Office
L'Anse St-Jean, Quebec

Post Office
Petit-Saguenay, Quebec

2.  DOMAINE VAL-BOISÉ (MOBILE HOME PARK), Quebec

Application (199712625) by CÂBLEVISION HSL-SDM INC., 8285 Pelletier, Brossard, Quebec, J4X 1P6, for a broadcasting licence to carry on a (cable) distribution undertaking to serve the Domaine Val-Boisé Mobile Home Park.

PROPOSED DISTRIBUTION ON THE BASIC SERVICE

Television Services

CBFT-TV (SRC/CBC) Montréal, Quebec
WCAX-TV (CBS) Burlington, Vermont
WVNY-TV (ABC) Burlington, Vermont
WPTZ-TV (NBC) Plattsburg, New York
CBMT-TV (CBC/SRC) Montréal, Quebec
CFJP-TV (TQS) Montréal, Quebec
WETK-TV (PBS) Burlington, Vermont
CIVM-TV (SRTQ) Montréal, Quebec
CFTM-TV (TVA) Montréal, Quebec
CFCF-TV (CTV) Montréal, Quebec
CFTU-TV (IND) Montréal, Quebec
Le Réseau de l'information (RDI)
Le Canal Famille
Canal D
Réseau des sports (RDS)
The Sports Network (TSN)
The Nashville Network (TNN)
MusiquePlus
The Arts and Entertainment Network (A&E)
The Discovery Channel

Discretionary Service

Super Écran

PROPOSED FEE

The applicant proposes to charge a maximum monthly fee of $25.51 and an installation fee of $100.00 for the distribution of these services. For Class 3 licensees, the basic monthly fee is not regulated pursuant to the Broadcasting Distribution Regulations.

Examination of application:

Domaine Val-Boisé Administration Office
665 Montée Monette
Saint-Mathieu, Quebec

3.  QUÉBEC, Quebec

Application (199714564) by 9052-5080 QUEBEC INC. for a broadcasting licence to carry on a French-language radio network for the purpose of broadcasting the hockey games of the Rafales de Québec for the 1998-1999 International Hockey League season.

Examination of application:

9052-5080 Quebec Inc.
2205 du Colisée Avenue
Québec, Quebec
G1L 4W7

4.  RIVIÈRE-DU-LOUP, TROIS-PISTOLES, SEPT-ILES, BAIE-COMEAU AND FORESTVILLE, Quebec AND EDMUNDSTON, New Brunswick

Application (199713821) by TÉLÉVISION MBS INC.:

a)  for a broadcasting licence to carry on a French-language (television) programming undertaking at Rivière-du-Loup on channel 29 with an effective radiated power of 18,100 watts, as well as the following transmitters to broadcast local programming and to rebroadcast the programming of CFJP-TV (TQS) Montréal, Quebec, received via satellite:

EFFECTIVE RADIATED POWER/LOCATION

Trois-Pistoles, Québec 17 (CFTF-TV-2) 70 watts
Sept-Iles, Québec 7 860 watts
Baie-Comeau, Québec 9 940 watts
Forestville, Québec 4 1,100 watts
Edmundston, New Brunswick/ 42 (CFTF-TV-1) 70 watts
(Nouveau-Brunswick)

b)  to adhere to the condition that the applicant refrain from soliciting any local advertising; and

c) to adhere to the following condition:

In  addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast more than 12 minutes of advertising material in any clock hour in a broadcast day, in order to broadcast infomercials, as defined in Public Notice CRTC 1994-139 and in accordance with the criteria contained in that public notice, as amended.

The applicant currently operates a (radiocommunication) distribution undertaking, namely CFTF-TV Rivière-du-Loup and its transmitters, which rebroadcasts in its entirety the programming of CFJP-TV (TQS) Montréal, Quebec, received via satellite. The applicant now wishes to broadcast local programming consisting of 28 minutes per week of original productions, thereby requiring a new broadcasting licence for a (television) programming undertaking.

Examination of application:

Télévision MBS Inc.
298 Thériault Boulevard
Suite 100
Rivière-du-Loup, Quebec
G5R 4C2

City Hall
7 Canada Street
Edmundston, New Brunswick

City Hall
5 Notre-Dame East
Trois-Pistoles, Quebec

City Hall
546 Dequen Avenue
Sept-Iles, Quebec

City Hall
19 Marquette Avenue
Baie-Comeau, Quebec

City Hall
1 - 2nd Avenue
Forestville, Quebec

5.  WASWANIPI (Québec)

Application (199716734) by DAVID HAPPYJACK, on behalf of a company to be incorporated, for a broadcasting licence to carry on a (cable) distribution undertaking to serve Waswanipi.

PROPOSED DISTRIBUTION ON THE BASIC SERVICE

 Television Services

CBFV-TV (SRC) Waswanipi, Québec
CBVW-TV (CBC) Waswanipi, Québec
CFJP-TV (TQS) Montréal, Québec
CIVM-TV (STQ) Montréal, Québec
CFTM-TV (TVA) Montréal, Québec
CITV-TV (IND) Edmonton, Alberta
WHDH (NBC) Boston, Massachusetts
WCVB-TV (ABC) Boston, Massachusetts
WGBH-TV (PBS) Boston, Massachusetts
WUHF-TV (FOX) Rochester, New York
EPG Jr. Alpha-numeric program/Émission alphanumérique
Community video Alpha-numeric messages/Messages alphanumériques
Atlantic Satellite Network (ASN)
Television Northern Canada (TVNC)
TV5 Québec Canada
Showcase
YTV Canada, Inc. (YTV)
Le Réseau des sports (RDS)
Le Réseau de l'information (RDI)
Newsworld
The Sports Network (TSN)
Vision TV

 Discretionary Services

Pay Television Services 1/Services de télévision payante 1:

The Movie Network (TMN)
MuchMusic
WPIX New York, New York
KTLA Los Angeles, California/(Californie)
WSBK-TV Boston, Massachusetts

Pay Television Services 2

Le Canal Vie
MusiquePlus
Canal D
TELETOON
Le Canal Famille
CFTU-TV (IND) Montréal, Québec

PROPOSED FEE

The applicant proposes to charge a basic monthly fee of $41.50 for the distribution of the basic service. For Class 3 licensees, the basic monthly fee is not regulated pursuant to the Broadcasting Distribution Regulations.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that acceptable technical documentation has been filed with the Department.

Should this application be approved, the applicant advises that the Waswanipi Communications Society will surrender its licence for the (radiocommunication) distribution undertaking currently serving Waswanipi once the (cable) distribution undertaking commences operation.

Examination of application:

David HappyJack
20 Poplar Street
Waswanipi, Quebec
J0Y 3C0

ONTARIO REGION

6.  GODERICH, HURON HAVEN VILLAGE, CLINTON, BAYFIELD, BRUCEFIELD, HOLMESVILLE AND VARNA, Ontario

Application (199716560) by BLUEWATER TV CABLE LTD., R.R. 2, Clinton, Ontario, N0M 1L0:

a)  to change the authorized service area for the cable distribution undertaking serving Goderich, Huron Haven Village, Clinton, Bayfield, Brucefield, Holmesville and Varna, Ontario, by deleting Clinton, Bayfield, Brucefield, Holmesville and Varna; and

b)  for a broadcasting licence to carry on a (cable) distribution undertaking to continue serving Clinton, Bayfield, Brucefield, Holmesville and Varna.

The applicant states that the proposed changes of having two licences represent a corporate reorganization for estate planning purposes only.

This transaction does not alter the ownership or effective control of the licensee.

Examination of application:

Bluewater TV Cable Ltd.
Clinton, Ontario

7.  IPPERWASH AND KETTLE POINT, Ontario

Application (199716859) by AUSABLE CABLECOM INC., P.O. Box 309, Thedford, Ontario, N0M 2N0, for a broadcasting licence to carry on a (cable) distribution undertaking to serve Ipperwash and Kettle Point.

PROPOSED DISTRIBUTION ON THE BASIC SERVICE/DISTRIBUTION PROJETÉE AU SERVICE DE BASE

Television Services

WTOL-TV (CBS) Toledo, Ohio
CITY-TV (IND) Toronto, Ontario
CBLN-TV (CBC/SRC) London, Ontario
CIII-TV (Global) Toronto, Ontario
CFPL-TV (IND) London, Ontario
CKCO-TV (CTV) Kitchener, Ontario
CHCH-TV (IND) Hamilton, Ontario
CICO-TV (TVO) Toronto, Ontario
CBLFT (SRC/CBC) Toronto, Ontario
WXYZ-TV (ABC) Detroit, Michigan
WDIV (NBC) Detroit, Michigan
WTVS (PBS) Detroit, Michigan
WUHF-TV (FOX) Rochester, New York
KCTS-TV (PBS) Seattle, Washington
CFMT-TV (IND) Toronto, Ontario
WSBK-TV Boston, Massachusetts
WGN-TV Chicago, Illinois
WTBS Atlanta, Georgia/(Georgie)
MuchMusic
The Sports Network (TSN)
Cable News Network (CNN)
The Arts and Entertainment Network (A&E)
The Nashville Network (TNN)
Country Music Television (CMT)
Weather Now
The Learning Channel (TLC)
Newsworld
YTV Canada, Inc. (YTV)
The Movie Network (TMN)
Moviepix
The Family Channel
The Discovery Channel
Showcase
TFO (TVOntario)
Cable Public Affairs Channel/Chaîne d'affaires publiques par câble (CPAC)
House of Commons Proceedings/Débats de la Chambre des communes
The Canadian Home Shopping Channel (CHSC)

PROPOSED FEE

The applicant proposes to charge a basic monthly fee of $29.95 for the distribution of these services. For undertakings with less than 6,000 subscribers, the basic monthly fee is not regulated pursuant to the Broadcasting Distribution Regulations.

Examination of application:

Ausable Cablecom Inc.
73 Main Street
Thedford, Ontario

8.  TORONTO, Ontario

Application (199801345) by HEADLINE SPORTS RADIO INC. for a broadcasting licence to carry on an English-language radio network operation, for the purpose of broadcasting all pre-season, regular and play-off baseball games of the Toronto Blue Jays during the 1998, 1999 and 2000 seasons.

Examination of application:

Headline Sports Radio Inc.
370 King Street West
Suite 304
Toronto, Ontario
M5V 3J9

9.  TORONTO AND COBOURG, Ontario

Application (199801030) by TRUMAR COMMUNICATIONS INC. for authority to acquire the assets and for a broadcasting licence to continue the operation of the (radio) programming undertaking CFMX-FM-1 Toronto and its transmitter CFMX-FM Cobourg, upon surrender of the current licence issued to Martin Rosenthal, under the same terms and conditions as the current licence.

Trumar Communications Inc. is the personal holding company of Martin Rosenthal.

Examination of application:

CFMX-FM-1
550 Queen Street East
Suite 205
Toronto, Ontario
M5A 1V2

WESTERN CANADA AND TERRITORIES REGION

10.  DESCHARME LAKE, Saskatchewan

Application (199714035) by NORTHERN SETTLEMENT OF DESCHARME LAKE, c/o Bruce Leier, Saskatchewan Municipal Government, P.O. Box 69, Buffalo Narrows, Saskatchewan, S0M 0J0, for a broadcasting licence to carry on a (cable) distribution undertaking to serve Northern Settlement of Descharme Lake.

PROPOSED DISTRIBUTION ON THE BASIC SERVICE

Television Services

CITV-TV (IND) Edmonton, Alberta
WTOL-TV (CBS) Toledo, Ohio
WTBS Atlanta, Georgia/(Georgie)
Allarcom Pay Televsion Limited
The Family Channel

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that acceptable technical documentation has been filed with the Department.

Examination of application:

Descharme Lake Settlement Office
Descharme Lake, Saskatchewan

11.  BARRHEAD, BOWDEN, CARDSTON, CLARESHOLM, DIDSBURY, DRAYTON VALLEY, DRUMHELLER, EDMONTON (PART OF), EDSON, FORT MACLEOD, GRANUM, HIGH RIVER, INNISFAIL, JASPER, LACOMBE, LLOYDMINSTER, OKOTOKS, OLDS, PONOKA, RAYMOND, STETTLER, VEGREVILLE, VERMILION, VIKING AND WESTLOCK, Alberta

A)  The Commission has received a series of applications from Vidéotron Communications Ltd. (VCL), Le Groupe Vidéotron ltée (GVL) and Vidéotron ltée (VL) (collectively referred to as "Vidéotron") in which Vidéotron is proposing to effect a four-phased set of inter-corporate transfers relating to the above listed cable distribution undertakings operating in the Province of Alberta (the Alberta assets). If approved, these applications will result in the issuance of new licences as described below.

VCL is a wholly-owned subsidiary of VL and VL is, in turn, 100% owned, directly and indirectly, by GVL. GVL is ultimately controlled by Mr. André Chagnon through Sojecci ltée.

In Phase 1 (Application 199716958) GVL will incorporate a new company (Newco), under the Alberta Business Corporations Act, which will be a wholly-owned subsidiary of GVL. VL will then transfer, at fair market value, all of its shares in VCL to Newco. Phase 1 involves a change in the effective control of VCL (i.e., from VL to Newco) but does not, however, effect the ultimate control.

The Commission notes that application 199716958 was approved administratively in Letter of Authority A98-0019, dated 23 February 1998.

Phase 2 involves the amalgamation of Newco and VCL with the resulting entity continuing as "Amalco". Since both Newco and VCL are presumed to continue as Amalco, new licences will not be issued and, therefore, no applications are required in relation to the proposed amalgamation.

In Phase 3 (Application 199716966), Vidéotron is proposing the "winding-up" of Amalco into GVL with the Alberta assets being held as an Alberta division of GVL. Since, as a result of the winding-up of Amalco, the licensee will cease to exist, new licenses will be issued to GVL. While effective control of the Alberta assets will have changed, ultimate control of the Alberta assets will not change as a result of the winding-up of Amalco.

Phase 4 (Application 199716974) of Vidéotron's proposal involves the transfer of the Alberta assets from GVL to VL. At this point, GVL will cease to be the licensee and new licenses must be issued to VL. Therefore, once again, while effective control of the Alberta assets will have changed ultimate control will not have been affected.

Examination of applications:

Le Groupe Vidéotron ltée
300 Viger Avenue East
Montréal, Quebec
H2X 3W4

2000 Berri Street
Montréal, Quebec

B)  Applications (199716982, 199800397, 199800405, 199800412, 199800420, 199800438, 199800446, 199800454, 199800462, 199800470, 199800488, 199800496, 199800504, 199800511, 199800529, 199800537, 199800545, 199800553, 199800561, 199800579, 199800587, 199800603, 199800595, 199800610, 199800628) by VIDEON CABLESYSTEMS INC., 22 Scurfield Boulevard, P.O. Box 806, Winnipeg, Manitoba, R3C 2N9, on behalf of a company to be incorporated, for authority to acquire the assets and for broadcasting licences to continue the operation of the (cable) distribution undertakings serving the above-mentioned localities upon surrender of the current licences issued to Vidéotron Communications Ltd., under the same terms and conditions as the current licences.

Examination of applications:

Economic Development Office
5014 - 50 Avenue
Barrhead, Alberta

Town Office
2106 - 20 Avenue
Bowden, Alberta

Civic Centre
67 - 3rd Avenue West
Cardston, Alberta

Town Office
2037 - 19 Avenue
Didsbury, Alberta

Town Office
5120 - 52 Street
Drayton Valley, Alberta

City Hall
703 - 2nd Avenue West
Drumheller, Alberta

Videotron Communications Ltd.
10450 - 178 Street North West
Edmonton, Alberta

Town Office
605 - 50th Street
Edson, Alberta

Town Office
236 - 23 Street
Fort MacLeod, Alberta

Town Office
310 Railway Avenue
Granum, Alberta

Public Library
909 - 1st Street West
High River, Alberta

Town Office
4943 - 53 Street
Innisfail, Alberta

Town Site Office
623 Patricia Street
Jasper, Alberta

Town Office
5034 - 52 Street
Lacombe, Alberta

City Hall
5011 - 49 Avenue
Lloydminster, Alberta

Town Office
14 MacRae Street
Okotoks, Alberta

Town Office
4911 - 51 Avenue
Olds, Alberta

Town Office
5102 - 48 Avenue
Ponoka, Alberta

Town Office
15 Broadway South
Raymond, Alberta

Town Office
4840 - 50 Street
Stettler, Alberta

Town Office
5021 - 49 Avenue
Vermilion, Alberta

Town Office
4829 - 50 Street
Vegreville, Alberta

Town Office
4920 - 53 Avenue
Viking, Alberta

Town Office
10003 - 106 Street
Westlock, Alberta

12.  KELOWNA, British Columbia

A)  Applications (199800024,199800032) on behalf of 549501 BRITISH COLUMBIA LTD., a wholly owned subsidiary of Seacoast Communications Group Inc., for authority to acquire the assets and for broadcasting licences to continue the operation of the (radio) programming undertakings CKLZ-FM and CKOV Kelowna from Seacoast Communications Group Inc., under the same terms and conditions as the current licences; and

B)  Application (199800313) by JIM PATTISON INDUSTRIES LTD. for authority to change the effective control of 549501 British Columbia Ltd. through the transfer of all the issued and outstanding shares held by Seacoast Communications Group Inc. to Jim Pattison Industries Ltd.

Examination of applications:

549501 British Columbia Ltd.
1600 - 1055 West Hastings Street
Vancouver, British Columbia
V6E 2H2

Radio Stations CKLZ-FM/CKOV
3805 Lakeshore Road
Kelowna, British Columbia

13.  FORT SMITH, Northwest Territories

Application (199716221) by KASKIW RADIO SOCIETY, P.O. Box 787, Fort Smith, Northwest Territories, X0E 0P0, for a broadcasting licence to carry on a (radiocommunication) distribution undertaking at Fort Smith, to distribute in non-encrypted mode, using one low power radio transmitter operating on a frequency of 92.3 MHz (channel 222) with an effective radiated power of 37 watts, the programming service of CIRK-FM Edmonton, Alberta.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

Examination of application:

Uncle Gabes Building
Fort Smith, Northwest Territories

 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:

 30 April 1998

 Copy of any intervention filed to application(s) by the CBC must be sent to:
 Canadian Broadcasting Corporation
 c/o the Director of Corporate Affairs
 250 Lanark Avenue
 Ottawa, Ontario
 K1Z 6R5
 Telecopier: (613) 724-5668

 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.

 Laura M. Talbot-Allan
Secretary General