ARCHIVED - Broadcasting Decision CRTC 2004-1

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Broadcasting Decision CRTC 2004-1

  Ottawa, 7 January 2004
  Shaw Communications Inc., on behalf of itself or a subsidiary
Canmore, Brooks and Medicine Hat, Alberta
Fernie and Kimberley, British Columbia
  Application 2003-1290-1
Public Hearing in the National Capital Region
17 November 2003
 

Acquisition of assets - Cable broadcasting distribution undertakings

  The Commission approves the application by Shaw Communications Inc., on behalf of itself or a subsidiary, for authority to acquire the assets of the cable broadcasting distribution undertakings serving the above-mentioned locations.
 

The application

1. The Commission received an application by Shaw Communications Inc. (Shaw), on behalf of itself or a subsidiary, for authority to acquire the assets of the cable broadcasting distribution undertakings (BDUs) serving the above-mentioned locations from Monarch Broadband West Ltd., Monarch Cablesystems Ltd., and Ram River Cablesystems Ltd. Shaw also requested broadcasting licences to continue the operation of these BDUs under the same terms and conditions as currently apply.
2. The Commission received nine interventions in connection with this application. Although none of them opposed the transaction, the majority of the interveners expressed concern about the opportunities they would have to maintain and expand their current level of participation in community-driven local television access and production.
 

The Commission's analysis and determination

3. The Commission notes Shaw's history as the successful operator of a large number of BDUs in Western Canada, and is satisfied that the proposed transaction would be in the public interest. The Commission notes in this regard Shaw's commitment to make available its full range of advanced communications services to the more than 35,000 subscribers that live in the communities served by the BDUs that it has applied to purchase.
4. Accordingly, the Commission approves the application by Shaw, on behalf of itself or a subsidiary, for authority to acquire the assets of the cable BDUs serving Canmore, Brooks and Medicine Hat, Alberta; and Fernie and Kimberley, British Columbia, and for broadcasting licences to continue the operation of these undertakings.
5. The Commission acknowledges the concerns expressed by the interveners about their continued access to the community programming operations of these BDUs. Consistent with the provisions set out in Policy framework for community-based media, Broadcasting Public Notice CRTC 2002-61, 10 October 2002, should the purchaser choose to maintain the operation of a community channel in the communities concerned, the Commission would expect it to ensure that the ability of local residents to involve themselves in the production of local television programs is maintained, with a view to serving the ongoing needs of local residents.
 

Issuance of the licences

6. The Commission will issue licences that will be subject to the same terms and conditions as those in effect under the current licences, upon surrender by the vendors of the current licences for revocation. The licences will expire on the same dates as the licences currently in effect, namely 31 August 2004 in respect of the Fernie and Kimberley BDUs, and 31 August 2006 in respect of the Canmore, Brooks and Medicine Hat BDUs.
 

Employment equity

7. Because this applicant 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.
  Secretary General
  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: http://www.crtc.gc.ca

Date Modified: 2004-01-07

Date modified: