ARCHIVED - Broadcasting Notice of Consultation CRTC 2010-551

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Additional reference: 2010-551-1 2010-551-2 and 2010-551-3

Ottawa, 4 August 2010

Notice of hearing

6 October 2010
Saskatoon, Saskatchewan
Deadline for submission of interventions/comments: 2 September 2010

The Commission will hold a hearing commencing on 6 October 2010 at 9:00 a.m., at the Saskatoon Inn Hotel & Conference Centre, 2002 Airport Drive, Saskatoon, Saskatchewan, to consider the following applications:

[Broadcasting interventions/comments form]

Applicant and Locality

1. Golden West Broadcasting Ltd.
Humboldt, Saskatchewan
Application No. 2009-1737-0

2. Fabmar Communications Ltd.
Humboldt, Saskatchewan
Application No. 2010-0304-5

3. Corus Audio & Advertising Services Ltd.
British Columbia, Alberta, Saskatchewan and Manitoba
Application No. 2009-1674-4

4. Fight Media Inc.
Across Canada
Application No. 2010-0150-3

5. J. Thomas Murray, on behalf of a corporation to be incorporated
Across Canada
Application No. 2010-0547-1

6. The Accessible Channel Inc.
Across Canada
Application No. 2010-0555-4

7. Love World Christian Network
Across Canada
Application No. 2010-0692-4

8. Piera Shuen, on behalf of a corporation to be incorporated
Across Canada
Application No. 2010-0731-0

9. CTVglobemedia Inc. and GlassBOX Television Inc., on behalf of a corporation to be incorporated that will be wholly owned by CTV Television Inc.
Across Canada
Application Nos. 2010-0949-9 and 2010-0955-6

10. Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with Bell Canada and 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
Atlantic provinces
Application No. 2010-0836-8

11. Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
Halifax, Dartmouth, Bedford and Sackville, Nova Scotia; Fredericton, Saint John and Moncton, New Brunswick; and St. John’s, Paradise and Mount Pearl, Newfoundland and Labrador
Application No. 2010-0913-4

12. Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
Province of Quebec
Application No. 2010-0924-1

13. 7253231 Canada Limited
Prince Edward County, Ontario
Application No. 2010-0549-7

14. Paul Lefebvre, on behalf of a corporation to be incorporated
Nipissing, Ontario
Application No. 2010-0743-5

15. The Haliburton Broadcasting Group Inc.
Barry’s Bay, Ontario
Application No. 2010-0859-0

16. Rogers Communications Inc. and Fido Solutions Inc., partners in a general partnership carrying on business as Rogers Communications Partnership
Various locations in Ontario, New Brunswick, Newfoundland and Labrador; and across Canada
Application No. 2010-0999-4

17. Island Lake First Nations Radio
Island Lake, Saskatchewan
Application No. 2010-0133-8

18. Golden West Broadcasting Ltd.
Estevan, Saskatchewan
Application No. 2009-0596-1

19. Barry Alan Wall, on behalf of a corporation to be incorporated
Prince Rupert, British Columbia
Application No. 2010-0646-1

20. Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership carrying on business as Astral Media Radio G.P.
Prince Rupert, British Columbia
Application No. 2010-0879-8

Preamble

Items 1 and 2

The Commission has received two applications for new FM radio broadcasting licences to serve the Humboldt market.

These applications are technically mutually exclusive for the use of frequency 107.5 MHz.

These applications will be considered as competitive radio applications for Humboldt.

Item 3

This involves an application by Corus Audio & Advertising Services Ltd. for a new Category 2 regional specialty service in British Columbia, Alberta, Saskatchewan and Manitoba. The proposed service would provide local information customized for each community in which it will be broadcast.

Items 4 to 20

The Commission intends to consider, subject to interventions, items 4 to 20 during the non-appearing phase of the public hearing.

1. Humboldt, Saskatchewan
Application No. 2009-1737-0

Application by Golden West Broadcasting Ltd. for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Humboldt.

The new station would operate on frequency 107.5 MHz (channel 298C1) with an average effective radiated power (ERP) of 59,000 watts (maximum ERP of 96,000 watts with an effective height of antenna above average terrain of 164.1 metres).

The applicant proposes a Variety Hits music format.

Applicant’s address:

105 – 32 Brandt Street
Steinbach, Manitoba
R5G 2J7
Fax: 204-346-5323
E-mail: rhildebrand@goldenwestradio.com

Examination of application:

Humboldt City Office
715 Main Street
Humboldt, Saskatchewan

2. Humboldt, Saskatchewan
Application No. 2010-0304-5

Application by Fabmar Communications Ltd. for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Humboldt.

The new station would operate on frequency 107.5 MHz (channel 298C1) with an effective radiated power of 100,000 watts (non-directional antenna with an effective height of antenna above average terrain of 164.1 metres).

The applicant proposes a Classic Rock music format.

Applicant’s address:

Box 750
Melfort, Saskatchewan
S0E 1A0
Fax: 306-752-5932
E-mail: k.singer@cjvr.com

Examination of application:

611 Main Street
Melfort, Saskatchewan

and

Humboldt Chamber of Commerce
201 – 8^th Avenue
Humboldt, Saskatchewan

3. British Columbia, Alberta, Saskatchewan and Manitoba
Application No. 2009-1674-4

Application by Corus Audio & Advertising Services Ltd. for a broadcasting licence to operate a regional, English-language Category 2 specialty television programming undertaking to be known as LOCAL1.

The applicant states that its programming service would focus on the provision of local information customized for each community in which it is distributed. The information would be a combination of local news, information about community events and activities, and weather, through the use of video, text, graphics and audio content.

The applicant proposes to offer programming from the following program categories set out in section 6 of Schedule I to the Specialty Services Regulations, 1990: 1, 2(a), 3, 5(b), 11, 12, 13 and 14.

The applicant requests that the Commission impose the following condition of licence with respect to advertising:

The licensee shall not broadcast more than twelve (12) minutes of advertising material during each clock hour. In each community where the service is distributed, the licensee may broadcast no more than six (6) minutes of local advertising.

This application was first scheduled to be heard at a hearing on 14 April 2010 (see Notice of hearing, Broadcasting Notice of Consultation CRTC 2010-72, 11 February 2010) but was withdrawn to be rescheduled at a later date.

The Commission will consider the interventions already accepted and filed on the public file for the 14 April 2010 hearing, as well as other interventions received in the context of this hearing.

Applicant’s address:

181 Bay Street
Toronto, Ontario
M5J 2T3
Fax: 613-692-3779
E-mail: sylvie.courtemanche@corusent.com

Examination of application:

630 – 3^rd Avenue South West
Suite 500
Calgary, Alberta

4. Across Canada
Application No. 2010-0150-3

Application by Fight Media Inc. (Fight Media) for authority to acquire, as part of a corporate reorganization, the assets of the Category 2 specialty television programming undertakings known as The Fight Network and Le Réseau des Combats, from The Fight Network Inc. (TFN Inc.).

The applicant also requests new broadcasting licences to continue the operation of the undertakings under the same terms and conditions as those in effect under the current licences.

TFN Inc. (the current licensee) is wholly-owned and controlled by TFN Global Inc. (TFN Global), which in turn is controlled by Mayhem Media Corp. (Mayhem). Mayhem is a corporation owned and controlled by Mr. Edwin Nordholm and Mr. Loudon Owen (each holding 50% of the voting interest).

On 2 November 2007, the Commission approved, by Letter of Authority, a change in the effective control of TFN Inc., from Mr. Michael Garrow to Mayhem (application no. 2007-1288-7). Following this approval, Mayhem advanced loans (the “Loans”) to TFN Global and obtained security interest in all the assets of TFN Global and TFN Inc. Mayhem has sold participation interests in the Loans to various parties (the “Participants”).

The Loans are in default and Mayhem has demanded repayment. In accordance with section 65 of the Ontario Personal Property Security Act (PPSA), Mayhem intends to foreclose on the collateral.

Under the PPSA procedure, all related property of TFN Inc. becomes the property of Mayhem. After such foreclosure is effected, Mayhem would become the owner of all the assets of TFN Inc. However, TFN Inc. will continue to exist and will continue to be the licensee and to be responsible for all regulatory obligations until such time as the Commission would approve the application for a new licence to be issued to Fight Media.

Subsequently, Mayhem and the Participants intend to reorganize and re-capitalize the undertakings. As such, Fight Media will become the new licensee of The Fight Network and Le Réseau des Combats and will assume responsibility for current trade payables and regulatory obligations.

Fight Holdings Inc. (Fight Holdings), the parent corporation of Fight Media, will initially be held by Mayhem Capital LP (Mayhem LP), a limited partnership controlled by its general partner Mayhem GP Corp. (Mayhem GP).

All of the issued and outstanding voting shares of Mayhem GP will be owned by Mr. Nordholm and Mr. Owen (50% each).

Participants will exchange their participation interests in the loans for either voting shares of Fight Holdings or limited partnership interests in Mayhem LP pursuant to an Exchange Agreement.

As a result of these proceedings and multi-step transactions, Fight Media will be wholly owned by Fight Holdings, which in turn will be owned by Mayhem LP (the principal shareholder with more than 50% of the voting interest) and other shareholders (none of which will own more than 10% of the voting interest).

According to the applicant, the proposed transaction will not result in a change in control of the undertakings as Mr. Nordholm and Mr. Owen will continue to control the licensee by virtue of their ability to elect a majority of directors on the boards of directors of both Fight Holdings and Fight Media.

This application was published in Notice of hearing, Broadcasting Notice of Consultation CRTC 2010-138, 10 March 2010, for the 10 May 2010 hearing and was later withdrawn in Broadcasting Notice of Consultation CRTC 2010-138-3, 5 May 2010.

The Commission will consider the interventions and reply for this item, that have already been accepted and filed on the public file for the 10 May 2010 hearing, as well as other interventions received in the context of this hearing.

Additional documents have been placed on the public record of this application.

Applicant’s address:

One First Canadian Place, Suite 2810
Toronto, Ontario
M5X 1A4
Fax: 416-777-7439
E-mail: enordholm@thefightnetwork.com

Examination of application:

At the applicant’s address

5. Across Canada
Application No. 2010-0547-1

Application by J. Thomas Murray, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Canadian Golf Network – CGN.

The applicant states that the programming will consist of in-depth analysis and coverage of all aspects of golf from the professional tours such as PGA, CBGA and European Tour, to amateur events. In addition, the service will offer instructional programming, player profiles and golf news, and be the Canadian source for all things golf for Canadian golf fans.

The applicant proposes that 50% of its programming will be offered as high definition (HD) programming content, and also seeks authority to offer both a standard definition and an HD version of its proposed service.

The applicant proposes to offer programming from the following program categories set out in section 6 of Schedule I to the Specialty Services Regulations, 1990:  1, 2(a), 2(b), 5(b), 6(a), 6(b), 7(c), 7(d), 7(g), 10, 11, 12, 13 and 14.

The applicant also proposes the following conditions of licence:

The applicant may broadcast live PGA Tour events representing up to a maximum of 10% of its monthly program schedule.

The applicant shall devote no more than 10% of its broadcast month to programming from program categories 2(b) and 7(d).

Applicant’s address:

Uxmal Communications Ltd.
208-295 Davenport Road
Toronto, Ontario
M5R 1K5
Fax: 613-788-2247
E-mail: gary.jessop@blakes.com

Examination of application:

Blake, Cassels & Graydon LLP
20^th floor, 45 O’Connor Street
Suite 2000, World Exchange Plaza
Ottawa, Ontario

6. Across Canada
Application No. 2010-0555-4

Application by The Accessible Channel Inc. (TAC) for authority to acquire the assets of the national, English-language audio programming undertaking known as VoicePrint from Accessible Media Inc. (AMI), formerly The National Broadcast Reading Service Inc. (NBRS), and for a new broadcasting licence to continue the operation of this undertaking for a seven-year period under the same terms and conditions as those in effect under the current licence.

TAC and AMI are not-for-profit corporations without share capital.

TAC is controlled by its members and board of directors who are appointed by AMI’s voting members.

TAC is also the licensee of the national, English-language digital specialty described video programming undertaking known as The Accessible Channel.

For administrative, operation and tax planning purposes, the transaction proposes to wind up AMI into TAC to continue as AMI.

No tangible benefits have been proposed.

Applicant’s address:

1090 Don Mills Road
Suite 303
Toronto, Ontario
M3C 3R6
Fax: 416-422-4762
E-mail: lLstanois@nbrscanada.com

Examination of application:

At the applicant’s address

7. Across Canada
Application No. 2010-0692-4

Application by Love World Christian Network for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as LoveworldCan.

The applicant states that the programming will consist of balanced religious programs from a variety of Christian perspectives.

The applicant proposes to offer programming from the following program categories set out in section 6 of Schedule I to the Specialty Services Regulations, 1990: 1, 2(a), 4, 8(b) and 8(c.

Applicant’s address:

101 Rossdean Drive
Toronto, Ontario
M9L 1S6
Fax: 613-788-2247
E-mail: andree.wylie@blakes.com

Examination of application:

At the applicant’s address

8. Across Canada
Application No. 2010-0731-0

Application by Piera Shuen, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national, general-interest, third-language Category 2 specialty television programming undertaking to be known as China Network Corporation – Mandarin (CNCM).

The applicant states that 90% of the programming would be in Mandarin and 10% in English.

The applicant also states that the programming would be devoted to the Mandarin-speaking communities in Canada. The service would offer news, information, public affairs, sports, variety and financial programming.

The applicant proposes to offer programming from the following program categories set out in section 6 of Schedule I to the Specialty Services Regulations, 1990: 2, 2(a), 2(b), 3, 5(b), 6(a), 6(b), 8(a), 8(b), 8(c), 9, 10, 12, 13 and 14.

The applicant requests that, of the 12 minutes of advertising material permitted during each clock hour, it be authorized to broadcast up to 6 minutes of local and regional advertising.

Applicant’s address:

7880 Woodbine Avenue
Units C&D
Markham, Ontario
L3R 2N7
Fax: 905-474-1080
E-mail: pipbola@rogers.com

Examination of application:

At the applicant’s address

9. Across Canada
Applications Nos. 2010-0949-9 and 2010-0955-6

Applications by CTVglobemedia Inc. (CTVgm) and GlassBOX Television Inc. (GlassBOX), on behalf of a corporation to be incorporated that will be wholly owned by CTV Television Inc. (CTV Television), for a two-step transaction involving the ownership and control of the national, English-language Category 1 digital specialty television undertaking known as travel + escape.

Application by CTVgm, on behalf of a corporation to be incorporated and wholly owned by CTV Television (Newco), for authority to acquire, as part of a corporate reorganization, the assets of travel + escape, from CTV Television.

The applicant also requests a new broadcasting licence to continue the operation of travel + escape under the same terms and conditions as those in effect under the current licence.

CTV Television is a wholly-owned subsidiary of CTV Inc. which in turn is wholly owned by CTVgm.

This transaction would not affect the effective control of travel + escape, which would continue to be exercised by CTVgm.

Application by GlassBOX on behalf of Newco, for authority to effect a change to the ownership and effective control of Newco from CTV Television to GlassBOX.

This transaction would be effected through the transfer of all of the issued and outstanding shares of Newco to GlassBOX. As a result of this transaction, effective control of Newco would be exercised by GlassBOX, a corporation controlled by its board of directors pursuant to the Amended and Restated Securityholders’ Agreement dated 21 May 2010.

The share purchase price of this transaction, based on the terms of the purchase and sale agreement, is $10 million. The applicant has proposed a tangible benefits package of $1 million over the seven years following the approval of the transaction.

Additional information maybe placed on the public examination file as it becomes available. 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.

Applicant’s address for Step 1:

299 Queen Street West
Toronto, Ontario
M5V 2Z5
Fax: 416-384-4580
E-mail: david.spodek@ctv.ca

Examination of application for Step 1:

At the applicant’s address

Applicant’s address for Step 2:

GlassBOX Television Inc.
c/o McCarthy Tétrault LLP
TB Bank Tower Suite 5300
66 Wellington Street West
Toronto, Ontario
M5K 1A6
Fax : 416-868-0673
E-mail: gbuck@mccarthy.ca

Examination of application for Step 2:

At the applicant’s address

10. Atlantic provinces
Application No. 2010-0836-8

Application by Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with Bell Canada and 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership, for a broadcasting licence to operate a regional, video-on-demand (VOD) programming undertaking to be known as Bell Aliant TV Video-On-Demand.

The applicant proposes to provide a general-interest service featuring primarily feature films, but that could also include other types of programming such as non-live events, children’s programming, archival television programming, community channel programming and adult programming.

In order to provide community programming produced by the applicant’s community channel on the VOD service, it proposes to add a condition of licence that would allow it, as an exception to the Pay Television Regulations, 1990, to offer programming, other than filler programming, produced by itself or by a related person.

The applicant indicated that although the programming would be predominantly in the English language, it would offer 10% of its programming in French. However, the applicant stated that it may offer third-language feature films based on audience demand.

Applicant’s address:

5201 Duke Street – Upper Level
Halifax, Nova Scotia
B3N 1J9
Fax: 506-694-2473
E-mail: regulatory@bell.aliant.ca

Examination of application:

At the applicant’s address

11.  Halifax, Dartmouth, Bedford and Sackville, Nova Scotia; Fredericton, Saint John and Moncton, New Brunswick; and St. John’s, Paradise and Mount Pearl, Newfoundland and Labrador
Application No. 2010-0913-4

Application by Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership (Bell Aliant LP) (collectively the applicant), to acquire, as part of a corporate reorganization, the broadcasting assets held by Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with Bell Canada and 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership.

Bell Aliant LP is the licensee of terrestrial broadcasting distribution undertakings serving the above-mentioned locations, under its class 1 regional licence.

The applicant requests a new broadcasting licence to continue the operations of these undertakings under the same terms and conditions as those in effect under the current licence.

The reorganization would proceed in multiple steps, including several that modify the ownership of Bell Aliant LP, requiring the applicant to notify the Commission. In addition, two steps would make changes to the partners in Bell Aliant LP, requiring Commission approval:

1)      Bell Canada would transfer its interests in Bell Aliant LP to Bell Aliant Regional Communications Holdings Inc. (Holdings GP), making Holdings GP a temporary partner in Bell Aliant LP.

2)      Holdings GP and 7538332 Canada Inc., a wholly-owned subsidiary of Holdings GP, would amalgamate into Bell Aliant Regional Communications Inc. (Bell Aliant GP), removing Holdings GP as a partner in Bell Aliant LP.

The corporate reorganization, consisting of the conversion of the Bell Aliant Regional Communications Income Fund from an income trust to a corporate structure and resulting in the removal of Bell Canada as one of the partners in Bell Aliant LP, would be for tax purposes and would not affect the effective control of the undertaking, which would continue to be exercised by BCE Inc., a public corporation controlled by its board of directors.

Applicant’s address:

5201 Duke Street – Upper Level
Halifax, Nova Scotia
B3N 1J9
Fax: 613-694-2473
E-mail: regulatory@bell.aliant.ca

Examination of application:

At the applicant’s address

12. Province of Quebec
Application No. 2010-0924-1

Application by Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership (Bell Aliant LP) (collectively, the applicant), to acquire, as part of a corporate reorganization, the broadcasting assets of Câblevision du Nord de Québec inc. (CNQ), currently held by Bell Aliant Regional Communications Inc. (the general partner) and Bell Nordiq Trust (the limited partner), carrying on business as Télébec, Limited Partnership (Télébec).

CNQ is the licensee of a regional video-on-demand undertaking serving the above-mentioned location.

The applicant also requests a new broadcasting licence to continue the operation of the broadcasting undertaking under the same terms and conditions as those in effect under the current licence.

The reorganization would proceed in multiple steps, with three requiring Commission approval:

1)      Télébec and NorthernTel, Limited Partnership (NorthernTel) would exchange their assets, including the shares of CNQ held by Télébec, for partnership units in Bell Aliant LP.

2)      Télébec and NorthernTel would dissolve and distribute their interests to a corporation to be incorporated (Nordiq LP Subco) and Bell Aliant Regional Communications Inc.

3)      Nordiq LP Subco would wind up into Bell Aliant Regional Communications Inc.

The corporate reorganization aims to simplify the corporate structure by winding up Télébec into Bell Aliant Regional Communications Inc. While the transaction would temporarily add partners to Bell Aliant LP, it would not affect the effective control of the undertaking, which would continue to be exercised by BCE Inc., a public corporation controlled by its board of directors.

Applicant’s address:

5201 Duke Street – Upper Level
Halifax, Nova Scotia
B3N 1J9
Fax: 613-694-2473
E-mail: regulatory@bell.aliant.ca

Examination of application:

At the applicant’s address

13. Prince Edward County, Ontario
Application No. 2010-0549-7

Application by 7253231 Canada Limited for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Prince Edward County.

The new station would operate on frequency 89.5 MHz (channel 208B1) with an effective radiated power of 5,000 watts (non-directional antenna with an effective height of antenna above average terrain of 150 metres).

The applicant proposes an Adult Album Alternative music format.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

1921 Truscott Drive
Mississauga, Ontario
L5J 2A3
Fax: 416-979-1234
Email:debramcl@mail.com

Examination of application:

Prince Edward County Library
Ameliasburg Branch
809 Whitney Road
Ameliasburg, Ontario

and

Picton Branch
208 Main Street
Picton, Ontario

14. Nipissing, Ontario
Application No. 2010-0743-5

Application by Paul Lefebvre, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a French-language FM commercial radio programming undertaking in Nipissing.

The new station would operate on frequency 97.1 MHz (channel 246C1) with an average effective radiated power (ERP) of 51,400 watts (maximum ERP of 90,000 watts with an effective height of antenna above average terrain of 114.79 metres).

The applicant proposes an Adult Pop music format.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

100 Brian McKee Lane
Sudbury, Ontario
P3B 0A1
Fax: 705-222-8306
E-mail: plefebvre@leloupfm.com

Examination of application:

Public School Board Northeastern Ontario
310 Algonquin Avenue
North Bay, Ontario

15. Barry’s Bay, Ontario
Application No. 2010-0859-0

Application by The Haliburton Broadcasting Group Inc. for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Barry’s Bay.

The new station would operate on frequency 106.5 MHz (channel 293B) with an effective radiated power of 12,000 watts (non-directional antenna with an effective height of antenna above average terrain of 127 metres).

The applicant proposes an Adult Contemporary music format.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

46 Nanton Avenue
Toronto, Ontario
M4W 2Y9
Fax: 705-645-6957
E-mail: cgrossman@hbgradio.com

Examination of application:

Town Hall
85 Bay Street
Barry’s Bay, Ontario

16. Various locations in Ontario, New Brunswick, Newfoundland and Labrador, and across Canada
Application No. 2010-0999-4

Application by Rogers Communications Inc. (RCI) and Fido Solutions Inc., partners in a general partnership carrying on business as Rogers Communications Partnership (RCP) (collectively the applicant), to acquire, as part of a corporate reorganization, the broadcasting assets currently held by Rogers Cable Communications Inc. (RCCI).

RCCI is the licensee of broadcasting distribution undertakings in Ontario, New Brunswick, and Newfoundland and Labrador, as well as national terrestrial pay-per-view (PPV), video-on-demand and direct-to-home PPV services across Canada.

The applicant requests new broadcasting licences to continue the operation of these broadcasting undertakings under the same terms and conditions as those in effect under the current licences.

The corporate reorganization, consisting of the amalgamation of RCI with its wholly-owned subsidiaries RCCI and 0862081 B.C. Ltd., and the subsequent transfer of RCI’s assets to RCP, aims to streamline the corporate structure and would not affect the effective control of the undertaking, which would continue to be exercised by Rogers Voting Shares Holdings Inc.

Applicant’s address:

333 Bloor Street East, 9^th floor
Toronto, Ontario
M4W 1G9
Fax: 416-953-2523
E-mail: ken.engelhart@rci.rogers.com

Examination of application:

At the applicant’s address

17. Island Lake, Saskatchewan
Application No. 2010-0133-8

Application by Island Lake First Nations Radio Inc. for a broadcasting licence to operate a low-power, English-language Type B Native FM radio programming undertaking in Island Lake.

The new station would operate on frequency 106.5 MHz (channel 293LP) with an effective radiated power of 33.3 watts (non-directional antenna with an effective height of antenna above average terrain of 15.0 metres).

The applicant proposes to broadcast programming in the English and Cree languages. Programming would include educational and music programs.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

Island Lake First Nations #397/161
Box 240
Island Lake, Saskatchewan
S0M 3G0
Fax: 306-837-2188
E-mail: bowhunt@telus.net

Examination of application:

Island Lake Band Office
Island Lake Reservation #397/161
#1 Island Drive
Island Lake, Saskatchewan

18. Estevan, Saskatchewan
Application No. 2009-0596-1

Application by Golden West Broadcasting Ltd. for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Estevan.

The new station would operate on frequency 106.1 MHz (channel 291C1) with an effective radiated power of 100,000 watts (non-directional antenna with an effective height of antenna above average terrain of 70.8 metres).

The applicant proposes to establish a second FM radio station in Estevan to complement its existing AM station CJSL and FM station CHSN-FM.

The applicant proposes to broadcast a Classic Rock and New Rock music format.

Applicant’s address:

105 – 32 Brandt Street
Steinbach, Manitoba
R5G 2J7
Fax: 204-346-5323
E-Mail: rhildebrand@goldenwestradio.com

Examination of application:

1236 – 5^th Street
Suite 200
Estevan, Saskatchewan

19. Prince Rupert, British Columbia
Application No. 2010-0646-1

Application by Barry Alan Wall, on behalf of a corporation to be incorporated, for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Prince Rupert.

The new station would operate on frequency 99.1 MHz (channel 256B) with an effective radiated power of 1,700 watts (non-directional antenna with an effective height of antenna above average terrain of 577.5 metres).

The applicant proposes a Classic Hits music format.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

415-1219 Johnson Street
Coquiltlam, British Columbia
V3B 7L5
Fax: 866-745-4919
E-mail: barrywallconsulting@yahoo.com

Examination of application:

Prince Rupert City Hall
424 – 3^rd Avenue West
Prince Rupert, British Columbia

20. Prince Rupert, British Columbia
Application No. 2010-0879-8

Application by Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership carrying on business as Astral Media Radio G.P. for a broadcasting licence to operate a new FM radio programming undertaking to replace the existing AM station, CHTK Prince Rupert.

The new station would operate on frequency 99.1 MHz (channel 256A) with an effective radiated power of 160 watts (non-directional antenna with an effective height of antenna above average terrain of 578 metres).

The applicant requests permission to simulcast the programming of the new FM station on CHTK for a period of three months from the date of implementation of the new FM station.

The applicant also requests, pursuant to sections 9(1)(e) and 24(1) of the Broadcasting Act, the revocation of the licence for CHTK effective at the end of the simulcast period.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

1717 René-Lévesque Boulevard East
Suite 200
Montréal, Quebec
H2L 4T9
Fax: 514-529-3263
E-mail: rshoan@radio.astral.com

Examination of application:

215 Cow Bay Road
Prince Rupert, British Columbia

Public participation

Deadline for interventions

2 September 2010

The intervention must be received by the Commission and by the applicant on or before the above-mentioned date. The Commission cannot be held responsible for postal delays and will not notify a party 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:

1. I request to appear at the public hearing.
2. I do not want to appear at the public hearing.

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 submissions raise procedural questions.

Written interventions should be submitted to the Secretary General of the Commission in only one of the following formats:

by using the
[Broadcasting interventions/comments form]

or

by mail to

CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

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 that, before initiating service through electronic mode, they will be able to satisfy the Commission, upon request, that service of the notification was completed.

Submissions longer than five pages should include a summary.

Each paragraph of the submission should be numbered. In addition, 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.

Interventions should clearly identify the application referred to and indicate whether 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 interventions are not sufficient and why an appearance is necessary.

Parties may participate from the Commission’s regional offices via videoconferencing. Parties interested in doing so are asked to indicate the regional office where they wish to appear at the time they file their comments. A list of the Commission’s regional offices is included in this notice.

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

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.

The information that 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 the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

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 interventions.

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 will also be available on the Commission’s website. An electronic version of all interventions 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 two (2) working days, at any other Commission offices and documentation centres.

Location of Commission offices

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage, Room 206
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional offices

 Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel.: 514-283-6607

55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
R3B 2B3
Tel.: 204-983-6306
Fax: 204-983-6317

2220 – 12^th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422

10405 Jasper Avenue
Suite 520
Edmonton, Alberta
T5J 3N4
Tel.: 780-495-3224

580 Hornby Street
Suite 530
Vancouver, British Columbia
V6C 3B6
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General

Date modified:

2010-08-04