ARCHIVED - Broadcasting Notice of Consultation CRTC 2009-425
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Additional reference: 2009-425-1 Ottawa, 17 July 2009 |
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| Notice of hearing | ||
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24 August 2009 Gatineau, Quebec Deadline for submission of interventions/comments: 3 August 2009 |
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| The Commission will hold a hearing on 24 August 2009 at 9:00 a.m. at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider the following applications, subject to interventions, without the appearance of the parties: | ||
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[Broadcasting intervention/comments form] |
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Applicant and Locality | |
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1. |
2209005 Ontario Inc. Montréal, Quebec Application Nos. 2009-1020-0 and 2009-1018-4 |
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2. |
2190015 Ontario Inc. Hamilton, Ottawa, London, Muskoka, Sudbury, Sault Ste. Marie, North Bay and Timmins, Ontario Application Nos. 2009-1021-7 and 2009-1019-2 |
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Montréal, Quebec Application Nos. 2009-1020-0 and 2009-1018-4 |
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| Application by 2209005 Ontario Inc. (the applicant) to acquire the assets of the ethnic television programming undertaking CJNT-TV Montréal (also known as E! Montréal) from Canwest Television GP Inc. (the general partner) and Canwest Media Inc. (the limited partner), carrying on business as Canwest Television Limited Partnership. | ||
| The applicant is also seeking a broadcasting licence with a seven-year term to continue the operation of the undertaking. The current licence expires on 31 August 2010, as approved in Broadcasting Decision CRTC 2009-409. | ||
| In the event the proposed acquisition of assets is approved by the Commission, the applicant further requests amendments to the current conditions of licence to increase slightly the amount of local programming it broadcasts and to remove its obligation to provide specific proportions of its non-ethnic programming in English and French. | ||
| The Commission notes that the proposed transaction also includes the acquisition of the assets of CHCH-TV Hamilton along with its transmitters CHCH-TV-1 Ottawa, CHCH-TV-2 London, CHCH-TV-3 Muskoka, CHCH-TV-4 Sudbury, CHCH-TV-5 Sault Ste. Marie, CHCH-TV-6 North Bay and CHCH-TV-7 Timmins, Ontario and the transitional digital television programming undertaking CHCH-DT, which is dealt with in separate applications included in this notice of hearing. | ||
| The applicant is a corporation owned by 2185220 Ontario Limited (30% of the voting shares), a corporation equally owned by Christopher J. Fuoco and Kimberly S. Train, and by three other shareholders, namely Christopher J. Fuoco, Romen Podzyhun and C.J. (Cal) Millar (respectively holding 23.4%, 23.3% and 23.3 % of the voting shares). | ||
| The purchase price for the entire transaction, including the purchase of CHCH-TV Hamilton, based on the terms of the asset purchase agreement, is 12 dollars. Citing the financial difficulties of the station, the applicant has not proposed a tangible benefits package, but has offered a number of intangible benefits for the transaction. | ||
| Additional information may be placed on the public examination file. The Commission encourages interested parties to monitor the public examination file and the Commission's website for additional information that they may find useful when preparing their comments. | ||
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Applicant's address: P.O. Box 6143 Station "A" Toronto, Ontario M5W 1P6 Fax: 416-492-9539 E-mail: chch@tvchannelzero.com |
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Examination of application: 2844 Dundas Street West Toronto, Ontario M6P 1Y7 163 Jackson Street West Hamilton, Ontario L8N 3A6 1600 de Maisonneuve Boulevard East 9th floor Montréal, Quebec H2L 4P2 301 Oxford Street East London, Ontario N6A 1V3 55 Metcalfe Street Suite 1300 Ottawa, Ontario K1P 6L5 180 Sharpe Street West Gravenhurst, Ontario P1P 1J1 236 Algonquin Boulevard East Timmins, Ontario P4N 1B2 74 MacKenzie Street Sudbury, Ontario P3C 4X8 271 Worthington Street East North Bay, Ontario P1B 1H1 50 East Street Sault Ste. Marie, Ontario P6A 3C3 |
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Hamilton, Ottawa, London, Muskoka, Sudbury, Sault Ste. Marie, North Bay and Timmins, Ontario Application Nos. 2009-1021-7 and 2009-1019-2 |
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| Application by 2190015 Ontario Inc. (the applicant) to acquire the assets of the English-language television programming undertakings CHCH-TV Hamilton along with its transmitters CHCH-TV-1 Ottawa, CHCH-TV-2 London, CHCH-TV-3 Muskoka, CHCH-TV-4 Sudbury, CHCH-TV-5 Sault Ste. Marie, CHCH-TV-6 North Bay and CHCH-TV-7 Timmins, Ontario and the transitional digital television programming undertaking CHCH-DT (also known as E! Ontario), from Canwest Television GP Inc. (the general partner) and Canwest Media Inc. (the limited partner), carrying on business as Canwest Television Limited Partnership. | ||
| The applicant is also seeking broadcasting licences with seven-year terms to continue the operation of the undertakings. The current licences expire on 31 August 2010, as approved in Broadcasting Decision CRTC 2009-409. | ||
| In the event the proposed acquisition of assets is approved by the Commission, the applicant further requests to be relieved of the current condition of licence requiring it to broadcast priority programming as the station will no longer be part of a large multi-station ownership group. | ||
| The Commission notes that the proposed transaction also includes the acquisition of the assets of CJNT-TV Montréal, which is dealt with in separate applications included in this notice of hearing. | ||
| The applicant is a corporation owned by 2185220 Ontario Limited (30% of the voting shares), a corporation equally owned by Christopher J. Fuoco and Kimberly S. Train, and by three other shareholders, namely Christopher J. Fuoco, Romen Podzyhun and C.J. (Cal) Millar (respectively holding 23.4%, 23.3% and 23.3% of the voting shares). | ||
| The purchase price for the entire transaction, including the purchase of CJNT-TV Montréal, based on the terms of the asset purchase agreement, is 12 dollars. Citing the financial difficulties of the station, the applicant has not proposed a tangible benefits package, but has offered a number of intangible benefits for the transaction. | ||
| Additional information may be placed on the public examination file. The Commission encourages interested parties to monitor the public examination file and the Commission's website for additional information that they may find useful when preparing their comments. | ||
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Applicant's address: P.O. Box 6143 Station "A" Toronto, Ontario M5W 1P6 Fax: 416-492-9539 E-mail: chch@tvchannelzero.com |
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Examination of application: 2844 Dundas Street West Toronto, Ontario M6P 1Y7 163 Jackson Street West Hamilton, Ontario L8N 3A6 1600 de Maisonneuve Boulevard East 9th floor Montréal, Quebec H2L 4P2 301 Oxford Street East London, Ontario N6A 1V3 55 Metcalfe Street Suite 1300 Ottawa, Ontario K1P 6L5 180 Sharpe Street West Gravenhurst, Ontario P1P 1J1 236 Algonquin Boulevard East Timmins, Ontario P4N 1B2 74 MacKenzie Street Sudbury, Ontario P3C 4X8 271 Worthington Street East North Bay, Ontario P1B 1H1 50 East Street Sault Ste. Marie, Ontario P6A 3C3 |
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Public Participation |
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Deadline for interventions/comments |
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3 August 2009 |
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| The intervention must be received by the CRTC and by the applicant on or before the above-mentioned date. The Commission cannot be held responsible for postal delays and will not notify an intervener whose intervention is received after the deadline date. The intervention will not be considered by the Commission and will not be part of the public file. | ||
| The intervention must include one of the following statements in either the first or the last paragraph: | ||
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1 - I request to appear at the public hearing. 2 - I do not want to appear at the public hearing. |
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| Interventions will be considered by the Commission, and will form part of the public record of the proceeding without further notification to intervening parties, provided the procedure set out below has been followed. Parties will be contacted only if their submission raises procedural questions. | ||
| Written interventions should be submitted to the Secretary General of the Commission in only one of the following formats: | ||
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by using the |
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Or |
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by mail to |
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or |
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by Fax at |
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| A true copy must be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission. | ||
| The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents or notification, as it may be difficult to establish that service has occurred. | ||
| Parties must ensure, before initiating service through electronic mode, that they will be able to satisfy the Commission, upon request, that service of the notification was completed. | ||
| Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission. | ||
| Each paragraph of the document should be numbered. | ||
| Interventions should clearly identify the application and indicate whether the parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal. | ||
| In the event that the application is brought to the oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written comments are not sufficient and why an appearance is necessary. | ||
| Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made. | ||
| Important notice | ||
| Note that all information that parties provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, e-mail or through the Commission's website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission's website. This information includes personal information, such as full names, e-mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide. | ||
| The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose. | ||
| Documents received electronically or otherwise will be put on the Commission's website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format. | ||
| Please note that the information parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of our website with the help of either our own search engine or a third-party search engine will not provide access to the information which was provided as part of this public process. | ||
| Examination of documents | ||
| An electronic version of the applications is available from the Commission's website by selecting the application number within this notice. | ||
| A list of all interventions/comments will also be available on the Commission's website. An electronic version of all interventions/comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission's website. | ||
| Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications, or, upon request, within 2 working days, at any other Commission offices and documentation centres. | ||
| Location of Commission offices | ||
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Toll-free Telephone: 1-877-249-2782 Toll-free TDD: 1-877-909-2782 |
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Central Building Les Terrasses de la Chaudière 1 Promenade du Portage, Room 206 Gatineau, Quebec J8X 4B1 Tel.: 819-997-2429 Fax: 819-994-0218 |
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| Regional offices | ||
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Metropolitan Place 99 Wyse Road Suite 1410 Dartmouth, Nova Scotia B3A 4S5 Tel.: 902-426-7997 Fax: 902-426-2721 |
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205 Viger Avenue West Suite 504 Montréal, Quebec H2Z 1G2 Tel.: 514-283-6607 |
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55 St. Clair Avenue East Suite 624 Toronto, Ontario M4T 1M2 Tel.: 416-952-9096 |
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Kensington Building 275 Portage Avenue Suite 1810 Winnipeg, Manitoba R3B 2B3 Tel.: 204-983-6306 TDD: 204-983-8274 Fax: 204-983-6317 |
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2220 – 12th Avenue, Suite 620 Regina, Saskatchewan S4P 0M8 Tel.: 306-780-3422 |
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10405 Jasper Avenue Suite 520 Edmonton, Alberta T5J 3N4 Tel.: 780-495-3224 |
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530-580 Hornby Street Vancouver, British Columbia V6C 3B6 Tel.: 604-666-2111 TDD: 604-666-0778 Fax: 604-666-8322 |
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| Secretary General | ||
| This document is available in alternative format upon request and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca. | ||
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