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Broadcasting Decision CRTC 2006-178
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Ottawa, 1 May 2006
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CanWest MediaWorks Inc. (the general partner) and GTNQ Holdings Inc. (the limited partner), carrying on business as Global Television Network Quebec Limited Partnership
Québec, Montréal and Sherbrooke, Quebec
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Application 2005-1217-0
Public Hearing at Calgary, Alberta
21 February 2006
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CKMI-TV Québec - Acquisition of assets
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The Commission approves the application by CanWest MediaWorks Inc. (the general partner) and GTNQ Holdings Inc. (the limited partner), carrying on business as Global Television Network Quebec Limited Partnership, to acquire from the current partners the assets of the television station CKMI-TV Québec and its transmitters CKMI-TV-1 Montréal and CKMI-TV-2 Sherbrooke, following an intra-corporate reorganization.
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The application
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1.
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The Commission received an application by CanWest MediaWorks Inc. (the general partner) (MediaWorks) and GTNQ Holdings Inc. (the limited partner) (GTNQ), carrying on business as Global Television Network Quebec Limited Partnership (GTNQLP) (the applicant), to acquire from the current partners, Global Communications Limited and Global Television Network Inc.,1 as part of an intra-corporate reorganization, the assets of the television programming undertaking CKMI-TV Québec and its transmitters CKMI-TV-1 Montréal and CKMI-TV-2 Sherbrooke.
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2.
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The applicant also requested a broadcasting licence to operate CKMI-TV and its transmitters under the same terms and conditions as those set out in the current licence.
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3.
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MediaWorks would hold a 99.9% interest in GTNQLP, while GTNQ would hold the remaining 0.1%.
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4.
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The reorganization would not result in any change in the ultimate control of CKMI-TV, which would continue to be exercised by David A. Asper, Gail S. Asper and Leonard J. Asper, children of the late Israel Asper, as approved in Administrative letter of 27 October 2005, in their capacity as directors of CanWest Global Communications Corp. and in accordance with their authority to elect the majority of the board of directors.
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Intervention
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5.
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The Commission received an intervention by the Conseil provincial du secteur des communications (CPSC) of the Canadian Union of Public Employees (CUPE). CUPE asked the Commission to direct that CKMI-TV and its transmitters be operated in accordance with the terms and conditions set out in Licence amendments, Broadcasting Decision CRTC 2005-45, 4 February 2005 (Decision 2005-45), in CKMI-TV Québec and its transmitters - Transfer of ownership, Broadcasting Decision CRTC 2002-261, 30 August 2002 (Decision 2002-261), in Licence renewals for the television stations owned by Global, Decision CRTC 2001-458, 2 August 2001, in Licence renewal for Global's television service in Quebec, Decision CRTC 2001-458-2, 2 August 2001 (Decision 2001-458-2) and in Acquisition of assets and licence amendments for CKMI-TV Québec - Approved, Decision CRTC 97-85, 27 February 1997 (Decision 97-85). According to CUPE, it is essential that the Commission ensure that the licensee's commitments set out in Decisions 2001-458-2 and 97-85 are respected, given that in 2005, the current licensee was the subject of several complaints regarding non-compliance with its commitments.
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6.
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The applicant did not reply to the intervention.
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Commission's analysis and determination
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7.
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The Commission notes the intervener's concern that CKMI-TV's current terms and conditions be maintained when a new licence is issued following the intra-corporate reorganization. The Commission considers that the wording of Decisions 2002-261 and 2005-45 adequately addresses the matter of the terms and conditions of the licence for CKMI-TV and its transmitters.
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8.
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With respect to the concerns raised by CUPE in its intervention as well as the concerns raised in the complaint received 2 August 2005 regarding, among other things, CKMI-TV's commitments and, in particular, the transfer of master control facilities from Québec to Toronto, the Commission is of the view that the actions CUPE alleges the licensee to have committed are not contrary to the conditions set out in CKMI-TV's licence.
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9.
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In light of the foregoing, the Commission approves the application by CanWest MediaWorks Inc. (the general partner) and GTNQ Holdings Inc. (the limited partner), carrying on business as Global Television Network Quebec Limited Partnership, to acquire from the current partners, Global Communications Limited and Global Television Network Inc., as part of an intra-corporate reorganization, the assets of the television programming undertaking CKMI-TV Québec and its transmitters CKMI-TV-1 Montréal and CKMI-TV-2 Sherbrooke.
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10.
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Upon surrender of the current licence, the Commission will issue a licence to CanWest MediaWorks Inc. (the general partner) and GTNQ Holdings Inc. (the limited partner), carrying on business as Global Television Network Quebec Limited Partnership.
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11.
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The licence will expire 31 August 2008, the current licence expiry date, and will be subject to the same terms and conditions as those set out in Decisions 2002-261 and 2005-45.
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12.
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Because this applicant is subject to the Employment Equity Act and files reports concerning employment equity with theDepartment of Human Resources and Skills Development, 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 the licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: www.crtc.gc.ca
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Footnote:
On 1 September 2005, Global Television Network Inc., Global Communications Limited, CanWest Media Inc. and certain other CanWest companies amalgamated under the name CanWest MediaWorks Inc.
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Date Modified: 2006-05-01