ARCHIVED - Broadcasting Decision CRTC 2010-1

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Route reference: 2009-632

Ottawa, 6 January 2010

Cogeco Cable Québec 2009 Inc. and Cogeco Cable Canada Inc., partners in a general partnership carrying on business as Cogeco Cable Québec General Partnership
Various locations in the province of Quebec

Application 2009-1214-8, received 1 September 2009
Public Hearing in the National Capital Region
14 December 2009

Class 1, 2 and 3 cable broadcasting distribution undertakings operating in various locations in the province of Quebec – Acquisition of assets (Corporate reorganization)

1. The Commission approves the application by Cogeco Cable Québec 2009 Inc. and Cogeco Cable Canada Inc. (Cogeco Canada), partners in a general partnership carrying on business as Cogeco Cable Québec General Partnership (CCQ GP), for authority to acquire from Cogeco Cable Québec Inc. (Cogeco Québec) and Cogeco Canada, partners in a general partnership carrying on business as CCQ GP, as part of a corporate reorganization, the assets of the cable broadcasting distribution undertakings (BDUs) operating under Class 1, 2 and 3 regional licences in various locations in the province of Quebec.

2. The application included a request for broadcasting licences to continue the operation of these undertakings under the same terms and conditions as those in effect under the current licences. The Commission did not receive any interventions in connection with this application.

3. The transaction will be effected through the acquisition of the assets held by Cogeco Québec and Cogeco Canada, partners in a general partnership carrying on business as CCQ GP, as contemplated in the Third Amended and Restated General Partnership Agreement.

4. The Commission notes that Cogeco Canada holds directly and indirectly more than a 99% interest in CCQ GP and that the present transaction will not affect the control of the above-mentioned BDUs, which will continue to be exercised by Cogeco Cable Inc., a corporation ultimately controlled by Gestion Audem inc.

5. The Commission will issue new licences to Cogeco Cable Québec 2009 Inc. and Cogeco Cable Canada Inc., partners in a general partnership carrying on business as Cogeco Cable Québec General Partnership, upon surrender of the licences issued to Cogeco Cable Canada Inc. and Cogeco Cable Québec Inc., partners in a general partnership carrying on business as CCQ GP.

6. The new licences will expire on 31 August 2013, the expiry date of the current licences, and will be subject to the same terms and conditions as those in effect under the current licences.

Other matters

7. In Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009 (Broadcasting and Telecom Regulatory Policy 2009-430), the Commission stated its intention to impose on television broadcasters and BDUs, at the time of their licence renewals, conditions of licence relating to accessibility provisions. Accordingly, the Commission will consider imposing such conditions of licence for the above-mentioned BDUs at the time of their licence renewal. In the meantime, the Commission expects the above-mentioned BDUs to adhere, as soon as possible, to the applicable accessibility requirements specified in Broadcasting and Telecom Regulatory Policy 2009-430.

Secretary General

This decision is to be appended to each 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: http://www.crtc.gc.ca.

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