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ARCHIVED - Broadcasting Decision CRTC 2003-125

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Broadcasting Decision CRTC 2003-125

Ottawa, 25 April 2003
Persona Communications Inc., on behalf of Quinte Cablevision Limited
Picton, Ontario
Application 2002-0805-0

Transfer of control

1.

The Commission received an application by Persona Communications Inc. (Persona), on behalf Quinte Cablevision Limited (Quinte Cablevision), for authority to transfer the effective control of the Class 2 cable distribution undertaking serving Picton, Ontario.

2.

Currently, Quinte Cablevision is controlled by Mrs. Marjorie Pearce. The applicant proposed to transfer one (1) common share of Quinte Cablevision from Mrs. Pearce to Persona. As a result of the proposed transaction, the effective control of Quinte Cablevision would transfer to Persona.

3.

Persona meets the criteria to be deemed a qualified corporation as defined in Direction to the CRTC (Ineligibility of non-Canadians) (the Direction) P.C. 1997-486, 8 April 1997, as amended by P.C. 1998-1268, 15 July 1998. The Commission notes, however, that the chief executive officer of Persona's parent company, Persona Inc., is non-Canadian and less than 80% of its directors are Canadian. In order for Persona to comply with the Direction, neither its parent corporation nor its Board of Directors can exercise control of the licensee's programming decisions.

4.

The applicant stated that it would take measures to comply with the Direction. Specifically, the applicant stated that it would implement a by-law creating an independent programming committee that would ensure that all programming decisions are made within Persona, at the appropriate management level, and that they would be properly documented.

5.

The Commission approves the application to transfer the effective control of Quinte Cablevision from Mrs. Pearce to Persona.

6.

This approval, however, will only be effective when the applicant submits to the Commission an executed copy of the by-law for the implementation of an independent programming committee that will ensure that the licensee complies with the Direction.

7.

The Commission notes that Persona plans to amalgamate with Quinte Cablevision. The Commission also expects the applicant to submit the amalgamation documents and an executed copy of the share purchase agreement.
Secretary General
This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca

Date Modified: 2003-04-25

Date modified: