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Broadcasting Decision CRTC 2003-536
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Ottawa, 6 November 2003
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Persona Communications Inc.
Hanover and Walkerton; Port Elgin, Southhampton and Sauble Beach; Listowel, Mount Forest, Arthur, Harriston and Palmerston, Ontario
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Application 2003-0876-9
Public Hearing in the National Capital Region
29 September 2003
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Acquisition of assets
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The Commission approves the application by Persona Communications Inc. to acquire the assets of cable distribution undertakings from Saugeen Telecable Limited and certain affiliated companies.
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The application
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1.
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The Commission received an application by Persona Communications Inc. (Persona) for authority to acquire the assets of the Class 2 cable distribution undertakings serving the above-mentioned localities from Saugeen Telecable Limited and certain affiliated companies (the Saugeen Group). Persona also requested broadcasting licences to continue the operation of the undertakings.
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2.
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The Commission notes that the Saugeen Group declared bankruptcy earlier this year. In Temporary management of Saugeen Telecable Limited by a receiver, Broadcasting Decision CRTC 2003-40, 7 February 2003, the Commission approved an application to authorize PriceWaterhouseCoopers Inc., the receiver of Saugeen Telecable Limited, to temporarily manage Saugeen Telecable Limited until 7 November 2003.
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Interventions
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3.
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The Commission received three interventions in support of this application and one intervention from Mr. Jason Gow commenting on a number of matters related to the sale of Saugeen Telecable Limited to Persona and, in particular, on the value of the transaction. He acknowledged that his concerns were "a civil matter, not a CRTC matter."
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4.
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In response to Mr. Gow's intervention, Persona concurred that the proper forum for airing Mr. Gow's concerns is in a civil court.
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The Commission's determination
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5.
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The Commission approves the application by Persona Communications Inc. for authority to acquire the assets of the cable distribution undertakings serving the above-mentioned localities from Saugeen Telecable Limited and certain affiliated companies.
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Issuance of the licences
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6.
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The Commission will only issue the licences once the vendor has surrendered the current licences to the Commission.
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7.
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The licences will expire on 31 August 2004, the current expiry date, and will be subject to the same terms and conditions as those in effect under the existing licences.
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Employment equity
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8.
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Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.
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Secretary General
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This decision is to be appended to each licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca
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Date Modified: 2003-11-06