Vol. 132, No. 40 — October 3, 1998

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Information Processing and Related Telecommunications Services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-98-003) on August 12, 1998, with respect to a complaint filed by Premium DataScan Services, Inc. (the complainant), under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), as amended by the North American Free Trade Agreement Implementation Act, S.C., 1993, c. 44, concerning Solicitation No. V1734-7-0014/A of the Department of Public Works and Government Services (the Department). The solicitation was for data entry and verification services for the Department of Human Resources Development.

The complainant alleged that the Department had evaluated proposals in a manner inconsistent with the Request for Proposal (RFP) and awarded the contract to a supplier whose proposal was incorrectly rated and failed to meet all the mandatory requirements in the RFP.

Having examined the evidence presented by the parties and considered the provisions of the North American Free Trade Agreement, the Agreement on Government Procurement and the Agreement on Internal Trade, the Tribunal determined that the complaint was not valid.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, September 23, 1998

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Professional, Administrative and Management Support Services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-98-007) on August 24, 1998, with respect to a complaint filed by Safety Projects International Inc. (the complainant), under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), as amended by the North American Free Trade Agreement Implementation Act, S.C., 1993, c. 44, concerning a procurement by the Department of Fisheries and Oceans (the Department) [Request for Proposal No. FP802-7-0456]. The solicitation was for a safety management program.

The complainant alleged that the Department had conducted the evaluation of proposals in a manner that was inconsistent with the Request for Proposal and that was biased in favour of the contract awardee.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Government Procurement, the North American Free Trade Agreement and the Agreement on Internal Trade, the Tribunal determined that the complaint was not valid.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, September 23, 1998

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF FINDING

12-Gauge Shotshells

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that its finding made on June 22, 1994, in Inquiry No. NQ-93-005, concerning 12-gauge shotshells originating in or exported from the Czech Republic and the Republic of Hungary, is scheduled to expire on June 22, 1999 (Expiry No. LE-98-004). Under the Special Import Measures Act, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire in five years from the date of the last order or finding unless a review has been initiated. A review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.

Persons or governments requesting or opposing the initiation of a review of the said finding, pursuant to subsection 76(2) of the Special Import Measures Act, should file 10 copies of written public submissions, containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than October 26, 1998. Persons or governments should endeavour to base their submissions exclusively on public information; however, confidential information relevant to the issues before the Tribunal may be filed if necessary, along with a comprehensive public summary or edited version thereof.

Submissions should address all relevant factors, including:

— the likelihood of the continuation or the resumption of dumped imports if the finding were allowed to expire, with supporting information, including information relating to exporters in the Czech Republic and the Republic of Hungary with regard to their activities in the Canadian market, their domestic market and other markets;

— the likely volumes and price ranges of dumped imports if they were to continue or to resume;

— the domestic industry's performance since the finding, including trends in its production, sales, market share and profits;

— the likelihood of material injury to the domestic industry if the finding were allowed to expire, having regard to the anticipated effects of a resumption of dumped imports on the industry's future performance;

— other developments affecting, or likely to affect, the performance of the domestic industry; and

— any other change in market conditions, domestically or internationally, including changes in the supply and demand for 12 gauge shotshells, as well as changes in trends and sources of imports into Canada.

Where there are opposing views, each person or government who filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other persons or governments. In these circumstances, the Tribunal will distribute copies of the public submissions to each person or government who filed a submission with the Tribunal. Those persons or governments will have one week to respond in writing to the submissions. If confidential submissions have been filed, the Secretary will notify persons or governments on how they may access these submissions through qualified counsel.

The purpose of a review is to determine whether an order or finding should be continued, with or without amendment, or rescinded. If the Tribunal decides that a review is not warranted, an order, with reasons, will be issued. An order or finding will expire unless a review is initiated before its expiry date.

If the Tribunal decides to initiate a review, it will issue a notice of review with all relevant information regarding the proceeding. The Tribunal will publish the notice in the Canada Gazette and send it to all persons or governments known to the Tribunal as having an interest in the review, who will then have an opportunity to participate in the review.

Written submissions, correspondence or requests for information regarding this notice should be addressed to: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Written or oral communications to the Tribunal may be made in English or in French.

Ottawa, September 21, 1998

MICHEL P. GRANGER
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:

— Canadian Radio-television and Telecommunications Commission Examination Room, 1 Promenade du Portage, Room 201, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), (819) 994-0218 (Facsimile), (819) 994-0423 (TDD);

— Bank of Commerce Building, 10th Floor, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), (902) 426-2721 (Facsimile), (902) 426-6997 (TDD);

— Place Montréal Trust, Suite 1920, 1800 McGill College Avenue, Montréal, Quebec H3A 3J6, (514) 283-6607 (Telephone), (514) 283-3689 (Facsimile), (514) 283-8316 (TDD);

— The Kensington Building, 1810-275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), (204) 983-6317 (Facsimile), (204) 983-8274 (TDD);

— 580 Hornby Street, Suite 530, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), (604) 666-8322 (Facsimile), (604) 666-0778 (TDD).

Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.

LAURA M. TALBOT-ALLAN
Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1998-98

Western Canada and Territories Region

1. Vancouver, British Columbia
Canadian Broadcasting Corporation

To amend the broadcasting licences of the (radio) programming undertakings CBU, CBU-FM and CBUF-FM Vancouver, by adding Digital Radio Broadcasting (DRB) transmitters, to be located at Mount Seymour and Burnaby.

2. Vancouver, British Columbia
CHUM Limited

To amend the broadcasting licences of the (radio) programming undertakings CFUN and CHQM-FM Vancouver, by adding Digital Radio Broadcasting (DRB) transmitters, to be located at Mount Seymour and Burnaby.

3. Vancouver, British Columbia
Star-FM Radio Inc.

To amend the broadcasting licence of the (radio) programming undertaking CKSR-FM Chilliwack, British Columbia, by adding Digital Radio Broadcasting (DRB) transmitters, to be located at Mount Seymour and Burnaby.

Deadline for intervention: October 26, 1998

September 24, 1998

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1998-99

Call for Applications for a Broadcasting Licence to Carry on a (Radio) Programming Undertaking to Serve Victoria, British Columbia

The Commission announces that it has received applications for a broadcasting licence to provide an FM radio service to serve Victoria, British Columbia.

In keeping with its usual procedure in such cases, the Commission hereby calls for applications from other parties wishing to obtain such a licence.

Persons interested in submitting such an application are required to file a letter of intent no later than October 26, 1998, followed by a formal application to the Commission no later than November 26, 1998, and are also required to submit all necessary technical documentation to the Department of Industry by the same date.

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the viability of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.

In light of rapidly evolving industry conditions, the Commission will be concerned with the financial capability of the applicants and the viability of the proposed service.

Applicants will be required to provide evidence giving clear indication that there is a demand and a market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The expected audience of the proposed service and its impact on the audiences of existing radio stations.

3. The proposed expenditures and the means by which the applicant will promote the development of Canadian talent, including local and regional talent.

4. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates, as well as the impact on advertising revenues of existing radio stations.

5. Clear evidence of financial viability consistent with the requirements established in the applicant's financial estimates, including clear evidence of additional financing readily available should the estimated revenues not materialize.

6. Clear evidence of the financial viability of investors involved. For the convenience of applicants, the Commission has available upon request a document entitled "Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing".

A financial summary for the Victoria radio market from 1993 to 1997 is attached to the notice.

The Commission also reminds applicants that they should take into consideration the eligibility requirements set out in P.C. 1997-486, dated April 8, 1997, "Direction to the CRTC (Ineligibility of Non-Canadians)" and in P.C. 1985-2108 dated June 27, 1985, "Direction to the CRTC (Ineligibility to hold broadcasting licences)".

The Commission will announce at a later date the public process where applications will be considered and where they may be examined by the public.

There are a number of Commission policies affecting radio that are scheduled to come under review in the upcoming months. These matters, outlined in Public Notice CRTC 1997-105 dated August 1, 1997, entitled "An Agenda for Reviewing the Commission's Policies for Radio", and the Commission's April 1998 Vision Action Calendar, include a review of the Commission's policies for campus and community radio, as well as of its policy for ethnic broadcasting. Changes to policies that might follow these reviews could be of significance to parties interested in providing a radio service. Parties who find themselves constrained in their ability to finalize their plans to submit an application by possible changes in the Commission's policies may express their concerns to the Commission in writing. The Commission will then take any such views received into account in scheduling upcoming public hearings.

Notice of each application will also be published in newspapers of general circulation within the area to be served.

The public will be given the opportunity to comment on any application by submitting written interventions to the undersigned and by serving a true copy of the interventions on the applicants at least 25 days before the date of the hearing.

September 25, 1998

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1998-100

Call for Applications for a Broadcasting Licence to Carry on a (Radio) Programming Undertaking to Serve Kelowna, British Columbia

The Commission announces that it has received an application for a broadcasting licence to provide an FM radio service to serve Kelowna, British Columbia.

In keeping with its usual procedure in such cases, the Commission hereby calls for applications from other parties wishing to obtain such a licence.

Persons interested in submitting such an application are required to file a letter of intent no later than October 26, 1998, followed by a formal application to the Commission no later than November 26, 1998, and are also required to submit all necessary technical documentation to the Department of Industry by the same date.

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the viability of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.

In light of rapidly evolving industry conditions, the Commission will be concerned with the financial capability of the applicants and the viability of the proposed service.

Applicants will be required to provide evidence giving clear indication that there is a demand and a market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The expected audience of the proposed service and its impact on the audiences of existing radio stations.

3. The proposed expenditures and the means by which the applicant will promote the development of Canadian talent, including local and regional talent.

4. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates, as well as the impact on advertising revenues of existing radio stations.

5. Clear evidence of financial viability consistent with the requirements established in the applicant's financial estimates, including clear evidence of additional financing readily available should the estimated revenues not materialize.

6. Clear evidence of the financial viability of investors involved. For the convenience of applicants, the Commission has available upon request a document entitled "Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing".

A financial summary for the Kelowna radio market from 1993 to 1997 is attached to the call.

The Commission also reminds applicants that they should take into consideration the eligibility requirements set out in P.C. 1997-486 dated April 8, 1997, Direction to the CRTC (Ineligibility of Non-Canadians) and in P.C. 1985-2108 dated June 27, 1985, Direction to the CRTC (Ineligibility to hold broadcasting licences).

The Commission will announce at a later date the public process where applications will be considered and where they may be examined by the public.

There are a number of Commission policies affecting radio that are scheduled to come under review in the upcoming months. These matters, outlined in Public Notice CRTC 1997-105 dated August 1, 1997, entitled "An Agenda for Reviewing the Commission's Policies for Radio", and the Commission's April 1998 Vision Action Calendar, include a review of the Commission's policies for campus and community radio, as well as of its policy for ethnic broadcasting. Changes to policies that might follow these reviews could be of significance to parties interested in providing a radio service. Parties who find themselves constrained in their ability to finalize their plans to submit an application by possible changes in the Commission's policies may express their concerns to the Commission in writing. The Commission will then take any such views received into account in scheduling upcoming public hearings.

Notice of each application will also be published in newspapers of general circulation within the area to be served.

The public will be given the opportunity to comment on any application by submitting written interventions to the Secretary General and by serving a true copy of the interventions on the applicants at least 25 days before the date of the hearing.

September 25, 1998

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

98-438 September 22, 1998

Fundy Cable Ltd./Ltée
Bathurst, New Brunswick

Approved — Distribution, at the licensee's option, of WCVB-TV (ABC) and WBZ-TV (CBS) Boston, Massachusetts, as part of the basic service.

98-439 September 22, 1998

Fundy Cable Ltd./Ltée
Campbellton and Dalhousie, New Brunswick

Approved — Distribution, at the licensee's option, of WCVB-TV (ABC) and WBZ-TV (CBS) Boston, Massachusetts, as part of the basic service.

98-440 September 22, 1998

Fundy Cable Ltd./Ltée Chatham, New Brunswick

Approved — Distribution, at the licensee's option, of WMEM-TV (PBS) and WLBZ-TV (NBC) Bangor, Maine, as well as distant Canadian stations CIHF-TV-2 (IND) Saint John and CFTF-TV-1 (TQS) Edmundston, as part of the basic service.

98-441 September 22, 1998

Fundy Cable Ltd./Ltée
Edmundston, New Brunswick

Approved — Distribution, at the licensee's option, of CKCW-TV (CTV) Moncton, as part of the basic service.

98-442 September 22, 1998

Fundy Cable Ltd./Ltée
Fredericton, New Brunswick

Approved — Relief from the requirement to distribute the local priority signal of CIHF-TV-1 (IND) Fredericton.

98-443 September 22, 1998

Fundy Cable Ltd./Ltée
Ludford Subdivision and Noonan, New Brunswick

Approved — Relief from the requirement to distribute the local priority signal of CIHF-TV-1 (IND) Fredericton.

98-444 September 22, 1998

Fundy Cable Ltd./Ltée
Millville, New Brunswick

Approved — Relief from the requirement to distribute the regional signal of CIHF-TV-1 (IND) Fredericton.

98-445 September 22, 1998

Fundy Cable Ltd./Ltée
Moncton, New Brunswick

Approved — Relief from the requirement to distribute the local priority signal of CIHF-TV-3 (IND) Moncton.

98-446 September 22, 1998

Fundy Cable Ltd./Ltée
Saint John, New Brunswick

Approved — Distribution, at the licensee's option, of WMEM-TV (PBS) Presque Isle, Maine, as part of the basic service.

98-447 September 22, 1998

Fundy Cable Ltd./Ltée
Woodstock, New Brunswick

Approved — Distribution, at the licensee's option, of CIHF-TV-2 (IND) Saint John and CFTF-TV-1 (TQS) Edmundston, as part of the basic service.

98-448 September 22, 1998

Fundy Cable Ltd./Ltée
Murray Corner, Cadman Corner and Spence Settlement, New Brunswick

Approved — Revocation of the licence for the cable distribution undertaking to serve these localities.

98-449 September 25, 1998

Vidéotron ltée
East-Angus, Lennoxville, etc., Quebec

Approved — Acquisition of the assets of the cable distribution undertakings serving the localities noted in the decision from Transvision (East-Angus) inc., Transvision Lennoxville inc. and Transvision Plus inc. The licences will expire August 31, 2000.

98-450 September 25, 1998

Radio Nord inc.
La Sarre, Quebec

Approved — Acquisition of the assets of the radio programming undertaking CKLS-FM La Sarre. The licence will expire August 31, 2004.

98-451 September 25, 1998

Vidéotron ltée
Saint-Joachim-de-Montmorency (Côte-de-Beaupré) and
Sainte-Pétronille (Île d'Orléans), Quebec

Approved — Acquisition of the assets of the cable distribution undertakings serving these localities from Regional Cablesystems Inc. The licences will expire August 31, 2001.

98-452 September 25, 1998

Northern Cable Holdings Ltd.
Burks Falls, Bonfield, etc., Ontario
Sudbury Cable Services Limited
Sudbury, Ontario

Approved — Transfer of effective control of Northern Cable Holdings Limited and its wholly-owned subsidiary Sudbury Cable Services Limited to Regional Cablesystems Inc.

98-453 September 25, 1998

Affinity Radio Group Inc.
St. Catharines, Ontario

Approved — Acquisition of the assets of the radio programming undertaking CHTZ-FM St. Catharines from Standard Radio Inc. The licence will expire August 31, 2003.

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