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Broadcasting Notice of Public Hearing CRTC 2003-11-2
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See also: 2003-11, 2003-11-1, 2003-11-3
Ottawa, 30 January 2004
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Further to its Broadcasting Notice of Public Hearing CRTC 2003-11 dated 18 December 2003 relating to a Public Hearing which will be held on 16 February 2004 at 9:30 a.m., at the Congress Center, 900 Honoré-Mercier Avenue, Québec, Quebec, the Commission announces the following:
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At the applicant request the following item is withdrawn
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Donnacona, Québec
Application No. 2003-1765-3
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Application by ANDRÉ ARTHUR COMMUNICATIONS INC. for a licence to operate a French-language radionetworkto provide public affairs and open line programming to CKNU-FM Donnacona, CIMI-FM Charlesbourg and CJMS Saint-Constant. The programs will be broadcast daily from Monday to Friday.
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Additional information may be found in the public examination file of this applicant, including the exchange of correspondence on complaints relating to this network. These may be discussed at the hearing. The Commission notes that some matters are still outstanding and that the Commission may add documents or letters to the public file.
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The Commission notes that the temporary network licence held by the applicant for the purpose of carrying on the network described above expires on 26 February 2004, and that it would be contrary to the provisions of section 32 of the Broadcasting Act (the Act) for the applicant to maintaining the network in operation beyond that date without further authorization.
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The Commission's withdrawal from the hearing of the application by André Arthur Communications inc. (Arthur inc.) neither constitutes nor implies any determination on the part of the Commission that a network does not exist, or that Arthur inc. has not acted in the past, and does not continue to act, as the operator of that network.
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Moreover, the Commission considers that it must proceed with consideration of the complaints that have been placed on the public file for each of CKNU-FM Donnaconna, CIMI-FM Charlesbourg, CJMS Saint-Constant, alleging that Genex Communications inc., licensee of CKNU-FM, has, without first having obtained a licence, operated a network to deliver programming originated by Arthur inc. to CIMI-FM and CJMS.
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Accordingly, the Commission has decided to call the parties concerned to a public hearing for the purpose of resolving these matters. The parties may be called upon to show cause as to why a mandatory order should not be issued, pursuant to section 12 of the Act, requiring them to cease the broadcast of any network programming for which the Commission has not issued a licence. The complaints forming part of the public file for CHOI-FM, including those addressed to the half-hour of programming simulcast on CKNU-FM and CHOI-FM, will be considered at the 16 February Public Hearing.
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This document 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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Secretary General
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Date Modified: 2004-01-30