ARCHIVED - Notice of Public Hearing CRTC 2001-7-2

Notice of Public Hearing CRTC 2001-7-2

Ottawa, 3 August 2001

Further to its Notice of Public Hearing CRTC 2001-7 dated 6 July 2001 relating to the Public Hearing which will be held on 10 September 2001, at the Commission Headquarters, 1 Promenade du Portage, Hull, Quebec, the Commission announces the following:

ITEM APPLICANT AND LOCALITY

16. Bell Globemedia Publishing Inc. - Across Canada

17. Radio C.H.V.D. Inc. - Dolbeau-Mistassini, Quebec

18. CJRN 710 Inc. - Niagara Falls, Ontario

16.

Across Canada
Application Nos. 2001-0571-9, 2001-0610-6, 2001-0611-3, 2001-0612-1

Bell Globemedia Publishing Inc. (Bell Globemedia Publishing) filed an application seeking authority to acquire, via a multi-step transaction, control of Report on Business Television, general partnership (ROBTv partnership), licensee of ROBTv, a national English-language programming undertaking.

The multi-step transaction can be summarized as follows:

· Step #1 - Bell Globemedia Publishing is to acquire G and M Business News Holdings Limited (G and M Holdings) 50% partnership in ROBTv.

The Commission notes that a separate proceeding is considering the transaction whereby G and M Holdings is to acquire the 50% partnership interest of Global Communications Limited, currently in trust with Mr. Albert Gant, as the trustee. This transaction is pending the Commission's approval (Notice of Public Hearing CRTC 2001-6-1, Item 17);

· Step #2 - Transfer of all of the issued and outstanding shares of G and M Business News Limited (G and M Business) held by Mr. Kenneth Thomson to Bell Globemedia Publishing (transfer of control);

· Step #3 - Transfer of a) and b) to CTV Television Inc. (CTV Television):

a) Bell Globemedia Publishing's 50% partnership interest in ROBTv (transfer of assets); and,

b) Bell Globemedia Publishing's 100% interest in G and M Business (which includes G and M Business' 50% partnership interest in ROBTv) (transfer of control).

The value of the transaction was determined in the course of the G and M Holdings' transaction (Notice of Public Hearing CRTC 2001-6-1, Item 17., application 2001-0561-0). The G and M Holdings' transaction involves the acquisition of CanWest Global Communications Corp.'s 50% partnership interest in ROBTv. The fair market value of this 50% interest was valued at approximately $30 million.

In the current application, the Bell Globemedia application, CTV Television indicated that it would assume responsibility for the $3 million tangible benefits (representing 10% of half of the value of ROBTv) as proposed by G and M Holdings in its application. Further, CTV Television proposes clear and unequivocal tangible benefits for the other half of the value of ROBTv (in this case $30 million) amounting to approximately $3 million to be spent over 5 years.

CTV Television's proposed tangible benefits can be summarized as follows:

· Dedicated and Expanded European Business Reporting - $1.5 million over 5 years; and,

· York University Endowed Professorship in Broadcast Management - $1.5 million over 5 years.

The Commission hereby seeks public comments on the merit of the application. Among others, the Commission seeks comments on:

· The appropriateness of the proposed benefits package;

· The increased concentration of ownership in the specialty services sector; and,

· The potential impact on diversity of voices resulting from the combination of a number of news sources under the same corporate entity.

Applicant's address:

9 Channel Nine Court
Scarborough, Ontario
M1S 4B5
Fax: 416-332-4580
E-Mail: eduffymaclean@bellglobemedia.com

Examination of applications:

At the applicant's address

17.

Dolbeau-Mistassini, Quebec
Application No. 2001-0631-1

Application by RADIO C.H.V.D. INC. to convert the radio station CHVD Dolbeau from the AM band to the FM band.

The new station would operate on frequency 100.3 MHz (channel 262C1) with an effective radiated power of 49,000 watts.

The applicant is requesting permission to simulcast the programming of CHVD on the FM band for a period of three months from the date of implementation.

The applicant also notes that if the application is approved, it will cease operating its transmitter at Saint-Félicien on the FM frequency 92.1.

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.

This application requires the issuance of a new licence.

Applicant's address:

Radio C.H.V.D. inc.
1975 Walberg Blvd.

Dolbeau-Mistassini, Quebec
G8L 1J5
Fax: (418) 276-6755
E-Mail: chvdan@destination.ca

Examination of application:

At the applicant's address

The Commission hereby advises that the following applications which were published in Public Notice 2001-52 dated 10 May 2001 are now scheduled at the public hearing beginning on Monday, 10 September 2001 at 9:00 a.m. at the Commission Headquarters, 1 Promenade du Portage, in Hull, Quebec.

Only the interventions received, accepted by the Commission and filed on the public file for this Public Notice will be considered by the Commission in its study of these applications.

18.

Niagara Falls, Ontario
Application Nos. 2001-0421-6, 2001-0422-4

- Applications by CJRN 710 Inc. relating to CJRN and 788813 Ontario Inc. relating to CFLZ-FM.

- CJRN is a commercial station while CFLZ-FM is a non-commercial tourist information station.

- The licensees propose to broadcast the programming presently aired on CJRN on CFLZ-FM and the programming presently aired on CFLZ-FM on CJRN.

CFLZ-FM would assume the following conditions of licence in effect under the current licence of CJRN (Related CRTC decisions: 99-49 and 98-398):

- The licensee is required to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines for Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, concurrently with its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

- The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986, in any broadcast week where at least 90% of musical selections from content category 2 that it broadcasts are selections released before 1 January 1981:

- in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and

- between 6 a.m. and 6 p.m., in the period beginning on Monday of that week and ending on Friday of the same broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

- For purposes of this condition the terms "broadcast week", "content category" and "musical selection" shall have the meaning set out in section 1 of the Radio Regulations, 1986.

- That the licensee adhere to the guidelines on gender portrayal set out in the CAB's Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

CJRN would assume the following conditions of licence in effect under the current licence of CFLZ-FM (Related CRTC decision: 98-534):

- use this station solely to broadcast pre-recorded tourist information for the purpose of informing visitors to Niagara Falls; and

- broadcast no advertising material.

The applicant states that current operating parameters of the two stations will remain unchanged.

788813 Ontario Inc. is owned by CJRN 710 Inc. These two companies are to amalgamate in the near future with the resulting entity continuing as CJRN 710 Inc.

Licensee's address:

CJRN 710 Inc.
4668 St. Clair Avenue
Niagara Falls, Ontario
L2E 6X7
Fax: (905) 356-0644

Examination of applications:

At the licensee's address

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

DEADLINE FOR INTERVENTION

24 August 2001

The intervention must be received by the CRTC and by the applicant ON OR BEFORE the above-mentioned date. The Commission cannot be held responsible for postal delays.

Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions.

Submit your written intervention to the Secretary General of the Commission in ONLY ONE of the following formats:

BY ELECTRONIC MAIL TO
procedure@crtc.gc.ca

OR

BY MAIL AT
CRTC, Ottawa, Ontario, K1A 0N2

OR

BY FAX TO THE
Secretary General - (819) 994-0218

A true copy MUST be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.

Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.

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.

Each paragraph of the document should be numbered.

Your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds for your proposal.

In the event that the application is brought to the oral phase of the hearing, and if you wish to appear, you must provide reasons why your written comments are not sufficient and why an appearance is necessary.

In exceptional circumstances, the Commission may allow an intervenor to present its intervention by teleconference. At the time of filing its intervention, the intervenor must clearly indicate why the Commission should grant such a request.

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.

EXAMINATION OF DOCUMENTS DURING NORMAL OFFICE HOURS

Documents are available at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within 48 hours, at any other CRTC offices and documentation centres.

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
FAX: (819) 994-0218

Bank of Commerce Building
1809 Barrington Street, Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
FAX: (902) 426-2721

405 de Maisonneuve Blvd. East
2^nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607 - TDD: 283-8316
FAX: (514) 283-3689

55 St. Clair Avenue East, Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
FAX: (416) 954-6343

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

Cornwall Professional Building
2125 - 11^th Avenue, Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
FAX: (306) 780-3319

10405 Jasper Avenue, Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
FAX: (780) 495-3214

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

This document is available in alternative format upon request and may also be examined at the following Internet site: www.crtc.gc.ca 

Secretary General