ARCHIVED -  Notice of Public Hearing CRTC 1999-10

Notice of Public Hearing

Ottawa, 1 October 1999

Notice of Public Hearing CRTC 1999-10

ISSUE NO. 1

The Commission will hold a public hearing commencing on 6 December 1999, at the Conference Centre, Portage IV, 140 Promenade du Portage, Hull, Quebec to consider the following:

ITEM APPLICANT LOCALITY

1 3609294 Canada Inc. (Bell ExpressVu Limited Across Canada Partnership) Canada
2 CHUM Limited, (CHUM) and Sun Company (OBCI) Across Canada (Pulse 24)/CHUM Limited
3 CTV (TSN, RDS and/et Discovery) Across Canada
4 Sportscope Television Network Ltd. Across Canada
5 The Haliburton Broadcasting Group Inc. Bancroft, ON
6 CHUM Limited/Limitée Barrie, ON
7 Larche Communications (Barrie) Inc. Barrie, ON
8 Rock 95 Broadcasting (Barrie-Orillia) Limited Barrie, ON
9 Anthony Zwig (OBCI/SDEC) Belleville, ON
10 Affinity Radio Group Inc. Hamilton/Burlington, ON
11 Douglas Kirk and/et Rae Roe (OBCI/SDEC) Hamilton/Burlington, ON
12 Newcap Inc. Hamilton/Burlington, ON
13 Joseph Rajda (Pols/-Haven) Nepean (Barrhaven), ON
14 1093641 ON Limited Newmarket, ON
15 Jan Pachul Toronto, ON
16 Headline Sports Radio Inc. Toronto, ON
17 Newcap Inc. St. John's, Clarenville, etc.,
Nfld/(T.-N.)
18 Telile-Isle Madame Community Television Isle Madame, N.S./(N.É.)
Association
Communautaire de l'Ile Madame

1. ACROSS CANADA

Applications (199910625, 199910633, 199910641) by 3609294 CANADA INC. the general partner, and BCE Inc., as the limited partner which will operate as Bell ExpressVu Limited Partnership. 3609294 Canada inc. (Bell ExpressVu Limited Partnership) is requesting authority to acquire the assets of the DTH Broadcasting Distribution undertaking, the DTH Pay-per-View undertaking and the Satellite Relay Distribution undertaking.

The transactions are to be effected in connection with a corporate reorganization and will have no effect on the ultimate control of any of the undertakings. 3609294 Canada inc. is a wholly owned subsidiary of BEI, itself a wholly owned subsidiary of BCE. Both before and after the reorganization, all licensed undertakings are and will be under the effective control of and wholly owned by BCE.

The applicant is also requesting to obtain broadcasting licences to continue the operation of these undertakings under the same terms and conditions as the existing licences.

Examination of applications:

3609294 Canada inc.
1601 Telesat Court
Suite 3C
Gloucester, Ontario
K1B 5P4

2. ACROSS CANADA

Application (199910907) by CHUM LIMITED (CHUM) AND SUN COMPANY (OBCI) partners in a general partnership (to be known as Pulse 24) for authority to acquire the assets of Cable Pulse 24 (CP 24) and to obtain a specialty programming undertaking licence under the same terms and conditions as the current licence.

The Commission notes that this assets acquisition is part of a corporate reorganization, whereby CP 24, currently a corporation, will become a general partnership with CHUM and Sun Company as partners. This corporate reorganization is primarily for tax purposes.

Presently the Commission points out that (CP 24) is 70% owned by CHUM and 30% owned by Sun Company (OBCI).

Examination of application:

CHUM Limited
299 Queen Street West
Toronto, Ontario
M5V 2Z5

3.  ACROSS CANADA

Background

On 10 February 1999, CTV Inc. (CTV) announced that it had reached an agreement with the Canadian shareholders of NetStar Communications Inc. (NetStar) to purchase all of the shares of NetStar not held by ESPN Sub., a wholly owned subsidiary of ESPN Inc. (ESPN). These shares will amount to 68.46% of NetStar's issued and outstanding voting shares.

On 3 February 1999, the Commission approved the trust arrangement that had been put in place with respect to the 68.46% Canadian voting interest in NetStar. The transaction closed in trust on 5 March 1999.

Subsequently, CTV filed an application in order to seek Commission's authority to implement the transaction which can be summarized as follows:

Application (199910899) by CTV, on behalf of The Sports Network Inc. (TSN), Le Réseau des sports (RDS) Inc. (RDS) and 2953285 Canada Inc. (Discovery), operating as The Discovery Channel for authority to effect a change of effective control in NetStar.

NetStar is the owner of TSN (100%) and the owner through its subsidiary NetStar Enterprises Inc. of RDS (100%), Discovery (80%); and Viewer's Choice Canada (Viewer's Choice) (24.95%).

The transfer of effective control will be the result, should the proposed transaction be approved, of the transfer of the majority voting interests of the parent company (NetStar) currently held by the trustee, Donald G. Campbell, to 3578704 Canada Inc. (CTV Sub), a wholly owned subsidiary of CTV.

The NetStar shares currently in trust represent a 68.46% voting interest. However, as a result of a share reorganization that would take place prior to the transfer to CTV Sub of the 68.46% of the eligible voting shares, the controlling interest in NetStar would increase to 80%. ESPN's interest in NetStar will be held by ESPN Sub, and will be reduced from the present level of 31.54% to 20%.

The Commission intends to discuss, among other questions, the level of concentration of ownership in sports programming that would result from the transaction and the impact that may occur on the broadcasting industry. In this context, the Commission may wish to discuss whether it would be appropriate, in the circumstances, for CTV to divest a part of its broadcast holdings in the event the application is approved.

In addition, the Commission may wish to discuss the appropriate valuation of the transaction as well as the specific proposals for unequivocal tangible benefits.

Further, the Commission may wish to discuss with interested parties the issue of foreign ownership and where control of the sports related services would reside following any approval of the application (i.e. responsibility for the day to day management and operational control of the licensees).

Examination of application:

CTV Inc.
9 Channel Nine Court
Toronto, Ontario
M1S 4B5

NetStar Communications Inc.
2225 Sheppard Avenue East
Suite 100
Toronto, Ontario

RDS
1755 René Lévesque Boulevard East
Suite 300
Montréal, Quebec

NetStar Enterprises Inc.
181 Keefer Place
Suite 221
Vancouver, British Columbia

4. ACROSS CANADA

Application (199910584) by SPORTSCOPE TELEVISION NETWORK LTD. (Sportscope), licensee of a national English-language specialty programming undertaking devoted exclusively to sports programming with a particular focus on sports highlights, including video clips, scores and updates (Headline Sports), requesting Commission approval to amend two of its existing conditions of licence and to add a new one:

Relevant Portions of existing conditions of licence:

1.  The licensee shall not broadcast any live sports events coverage.

2.  The licensee shall devote to the distribution of Canadian programs not less than 100% of the broadcast year.

Proposed conditions of licence:

1.  The licensee may broadcast live sports events coverage provided that the hours devoted to such broadcasting do not exceed 15% of the licensee's quarterly program schedule.

2(a).  The licensee shall devote to the distribution of Canadian programs not less than 80% of the broadcast year.

2(b).  The licensee shall devote not less than 60% of the evening broadcast period during each broadcast year to the distribution of Canadian programs.

3.  The licensee may distribute separate regional programming in place of its national service to affiliated distribution undertakings provided that the hours devoted to such regional programming do not exceed 10% of the licensee's quarterly program schedule.

 Examination of application:

Sportscope Television Network Ltd.
Headline  Sports Broadcasting
370 King  Street West
Suite 304 
Toronto,  Ontario
M5V 3J9

5. BANCROFT, Ontario

Application (199910914) by THE HALIBURTON BROADCASTING GROUP INC., R.R. #2, Haliburton, Ontario, K0M 1S0, for authority to acquire the assets of radio programming undertaking CJNH Bancroft, and for a broadcasting licence to continue the operation of this undertaking upon surrender of the current licence issued to Quinte Broadcasting Company, Limited.

Examination of application:

Radio Station CJNH
Highway 28 East
Bancroft, Ontario

6. BARRIE, Ontario

Application (199909066) by CHUM LIMITED, 1331 Yonge Street, Toronto, Ontario, M4T 1Y1, for a broadcasting licence to carry on an English-language FM radio programming undertaking at Barrie. The new station would operate on frequency 97.7 MHz (channel 249B) with an effective radiated power of 9,960 watts.

The applicant is proposing a CHR (contemporary hit radio) music format.

CHUM Limited currently operates a television station (CKVR-TV) in the Barrie market.

The Commission notes that this application is technically mutually exclusive with the application filed by Larche Communications (Barrie) Inc. (199901575) which is also scheduled at this hearing for the use of the 97.7 MHz frequency.

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:

CKVR-TV
33 Beacon Road
Barrie, Ontario

7. BARRIE, Ontario

Application (199901575) by LARCHE COMMUNICATIONS (BARRIE) INC. for a broadcasting licence to carry on an English-language FM radio programming undertaking at Barrie. The new station would operate on frequency 97.7 MHz (channel 249B) with an effective radiated power of 10,560 watts.

The applicant is proposing a classic rock music format.

The Commission notes that this application is technically mutually exclusive with the application filed by CHUM Limited (199909066) which is also scheduled at this hearing for the use of the 97.7 MHz frequency.

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:

Larche Communications (Barrie) Inc.
355 Cranston Crescent
Midland, Ontario
L4R 4L3

8. BARRIE, Ontario

Application (199908399) by ROCK 95 BROADCASTING (BARRIE-ORILLIA) LTD., for a broadcasting licence to carry on an English-language FM radio programming undertaking at Barrie. The new station would operate on frequency 107.5 MHz (channel 298C1) with an effective radiated power of 26,000 watts.

The applicant is proposing a Top 40/Contemporary Hit music format.

Rock 95 Broadcasting (Barrie-Orillia) Ltd. currently operates a radio station (CFJB-FM) in the Barrie market.

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:

Rock 95 Broadcasting (Barrie-Orillia) Limited
400 Bayfield Street South
Suite 205
Barrie, Ontario
L4M 5A1

9. BELLEVILLE, Ontario

Application (199905519) by ANTHONY ZWIG, on behalf of a company to be incorporated, 18 King Street East, Suite 1210, Toronto, Ontario, M5C 1C4, for a broadcasting licence to carry on an English-language FM radio programming undertaking at Belleville. The new station would operate on frequency 100.1 MHz (channel 261B) with an effective radiated power of 40,000 watts.

The applicant is proposing a Country music format.

It should be noted that Anthony Zwig through his ownership of Belleville Radio Limited, licensee of CJOJ-FM, has an FM presence in Belleville.

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:

354 Pinnacle Street
Belleville, Ontario

10. HAMILTON/BURLINGTON, Ontario

Application (199908050) by AFFINITY RADIO GROUP INC. for a broadcasting licence to carry on an English-language FM radio programming undertaking at Hamilton/Burlington. The new station would operate on frequency 94.7 MHz (channel 234B) with an effective radiated power of 1,410 watts.

The applicant is proposing a Country music format.

Affinity Radio Group Inc. currently operates a radio station (CHAM) in the Hamilton market.

The Commission notes that this application is technically mutually exclusive with the applications filed by Newcap Inc. (199908100) and Douglas Kirk and Rae Roe (199812722) which are also scheduled at this hearing for the use of the 94.7 MHz frequency.

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:

Affinity Radio Group Inc.
CHAM Center
151 York Boulevard
Hamilton, Ontario
L8R 3M2

11. HAMILTON/BURLINGTON, Ontario

Application (199812722) by DOUGLAS KIRK AND RAE ROE, on behalf of a company to be incorporated, 38 Hatton Drive, Ancaster, Ontario, L9G 2H6, for a broadcasting licence to carry on an English-language FM radio programming undertaking at Hamilton/Burlington. The new station would operate on frequency 94.7 MHz (channel 234B) with an effective radiated power of 1,880 watts.

The applicant is proposing a new adult contemporary/Smooth Jazz music format with a minimum weekly level of 35% instrumental musical selections.

The Commission notes that this application is technically mutually exclusive with the applications filed by Affinity Radio Group Inc. (199908050) and Newcap Inc. (199908100) which are also scheduled at this hearing for the use of the 94.7 MHz frequency.

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:

Dingle, Charlebois & Swybrous
Barristers & Solicitors
2079 Lakeshore Road
Burlington, Ontario

12. HAMILTON/BURLINGTON, Ontario

Application (199908100) by NEWCAP INC., 745 Windmill Road, Dartmouth, Nova Scotia, B3B 1C2, for a broadcasting licence to carry on an English-language FM radio programming undertaking at Hamilton/Burlington. The new station would operate on frequency 94.7 MHz (channel 234B) with an effective radiated power of 6,200 watts.

The applicant is proposing a modern adult contemporary/modern rock music format.

The Commission notes that this application is technically mutually exclusive with the applications filed by Affinity Radio Group Inc. (199908050) and Douglas Kirk and Rae Roe (199812722) which are also scheduled at this hearing for the use of the 94.7 MHz frequency.

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:

John F. Evans and Assoc.
1 King Street West
Suite 1201
Hamilton, Ontario

13. NEPEAN (BARRHAVEN), Ontario

Application (199805123) by JOSEPH RAJDA, doing business under the name of Pols-Haven, for a broadcasting licence to carry on a predominantly English-language low power, for profit (Specialty) FM radio programming undertaking at Nepean (Barrhaven), operating on a frequency of 97.1 MHz (Channel 246LP) with an effective radiated power of 50 watts. The applicant will also offer a maximum weekly level of 30% French-language programming.

The applicant is proposing to broadcast a maximum weekly combined level of category 21 (Pop, Rock and Dance music) and category 22 (Country and Country-oriented music) of no more than 51% of the total amount of music aired.

This application was previously scheduled for the 28 June 1999 Hull Public Hearing but was postponed at the request of the applicant. Additional information has been added to the file for this application.

Examination of application:

Joseph Rajda
13 Hummingbird Crescent
Nepean, Ontario
K2J 3A7

14. NEWMARKET, Ontario

Application (199901989) by 1093641 ONTARIO LIMITED to renew the broadcasting licence of the (radio) programming undertaking CKDX-FM Newmarket expiring 29 February 2000.

The Commission notes the apparent failure of the licensee to comply with Section 8 of the Radio Regulations, 1986 concerning the provision of logger tapes as well as with subsection 2.2(3) concerning the broadcast of Canadian Content for category 2 music.

It should be noted that in Decision CRTC 99-267 dated 18 August 1999, the Commission renewed this licence from 1 September 1999 to 29 February 2000, for administrative reasons. In the decision, the Commission mentioned that the administrative renewal of the licence, did not in any manner dispose of the licence renewal application, nor any relevant matters before the Commission in connection with this application and, consequently, it is scheduling this application at this Public Hearing.

Examination of application:

1093641 Ontario Limited
465 Davis Drive
Suite 402
Newmarket, Ontario
L3Y 2P1

15. TORONTO, Ontario

Application (199812524) by JAN PACHUL, 204 Main Street, Toronto, Ontario, M4E 3V4, for a broadcasting licence to carry on an English-language low power television programming undertaking at Toronto. The new station would operate on channel 15 with a transmitter power of 476 watts.

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:

186 Main Street
Toronto, Ontario

16. TORONTO, Ontario

Application (199911459) by HEADLINE SPORTS RADIO INC. for a broadcasting licence to carry on an English-language radio network operation, for the purpose of broadcasting NFL football games during the 1999, 2000 and 2001 seasons.

Examination of application:

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

17. ST. JOHN'S, CLARENVILLE, GRAND FALLS, BAIE VERTE, CARBONEAR (SPANIARD'S BAY), MARYSTOWN AND GANDER, Newfoundland

The applications filed by NEWCAP INC., 745 Windmill Road, Dartmouth, Nova Scotia, B3B 1C2, on behalf of 3610306 Canada Inc. propose a two-stage transaction involving the following radio programming undertakings and their transmitters:

Application No./
No. demande Call Sign/Lettre d'appel Location/Localité

199907333 VOCM-FM St. John's, Newfoundland/(Terre-Neuve)
VOCM-FM-1 Clarenville, Newfoundland/(Terre-Neuve)

199907341 VOCM St. John's, Newfoundland/(Terre-Neuve)

199907359 CKVO Clarenville, Newfoundland/(Terre-Neuve)

199907375 CKCM Grand Falls, Newfoundland/(Terre-Neuve)
CKIM Baie Verte, Newfoundland/(Terre-Neuve)

199907367 CHVO Carbonear (Spaniard's Bay), Newfoundland/
(Terre-Neuve)

199907383 CHCM Marystown, Newfoundland/(Terre-Neuve)

199907391 CKGA Gander, Newfoundland/(Terre-Neuve)

1)  3610306 Canada Inc., a wholly-owned subsidiary of VOCM Radio Newfoundland Limited, requests authority to acquire the assets of the above-noted undertakings and their transmitters.

The applicant also requests broadcasting licences to continue the operation of these undertakings, upon surrender of the current licences issued to VOCM Radio Newfoundland Limited.

The applicant proposes to operate the undertakings under the same terms and conditions as the current licences.

2)  NewCap Inc. seeks to gain effective control of 3610306 Canada Inc. (199908167) by acquiring all of the common voting shares of the licensee.

The Commission notes that following this acquisition NewCap Inc. will have directly and indirectly (through 3610306 Canada Inc.) 4 radio stations in St. John's, Newfoundland which is not in line with our new common ownership policy as outlined in the Commercial Radio Policy 1998 - CRTC 1998-41.

Examination of applications:

208 Kenmount Road
St. John's, Newfoundland

11 Hardy Avenue
Grand Falls, Newfoundland

Town Council Office
Highway 410
Baie Verte, Newfoundland

62 Elizabeth Drive
Gander, Newfoundland

Ville Marie Drive
Marystown, Newfoundland

1 CHVO Drive
Carbonear, Newfoundland

Town Council Office
Balbo Street
Clarenville, Newfoundland

18. ISLE MADAME, Nova Scotia

Application (199906007) by TELILE:ISLE MADAME COMMUNITY TELEVISION ASSOCIATION, P.O. Box 87, Arichat, Nova Scotia, B0E 1A0, for a broadcasting licence to carry on an English and French-language low-power television station at Isle Madame. The new station would operate on channel 10 with a transmitter power of 45.3 watts.

The applicant has requested to be relieved, by condition of licence, of the requirements of Section 10(1) to 10(4) of the Television Broadcasting Regulations, 1987 with regard to the retention of program logs or records.

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:

705 Lower Road
Arichat, Nova Scotia

PUBLIC PARTICIPATION / PARTICIPATION DU PUBLIC

Intervention

IN ORDER TO HAVE YOUR INTERVENTION 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.

Please note that you may also file your interventions by Electronic Mail

- the intervention may be filed with the Commission by electronic mail at the following e-mail address: procedure@crtc.gc.ca and should indicate if a true copy has been sent to the applicant. Each paragraph of the document should be numbered. In addition, as an indication that the document has not been damaged during electronic transmission, the line ***End of document*** should be entered following the last paragraph of each document. However, your intervention and the proof of service to the applicant will also have to be filed in hard copy;

- please note, that only the documents (applications and interventions) electronically filed will be available on the Commission's web site. You will be able to access these documents by indicating the public notice or the notice of public hearing number;

- 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 November 1999

 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, Ground Floor
 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

 C.R.T.C. Documentation Centre
 55 St. Clair Avenue East
 Suite 624
 Toronto, Ontario
 M4T 1M2
 Telephone: (416) 952-9096
 Telecopier: (416) 954-6343

 C.R.T.C. Documentation Centre
 Cornwall Professional Building
 2125, 11th Avenue, Room 103
 Regina, Saskatchewan
 S4P 3X3
 Telephone: (306) 780-3422
 Telecopier: (306) 780-3319

CRTC 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 and may also be viewed at the following Internet site: www.crtc.gc.ca

 Secretary General