Vol. 133, No. 18 — May 1, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Communications, Detection and Fibre Optics

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-98-037) on April 8, 1999, with respect to a complaint filed by ITS Electronics 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. W8485-7-DH08/A of the Department of Public Works and Government Services (the Department) for the Department of National Defence. The solicitation was for the procurement of a digital memory radio frequency coherent jamming system.

The complainant alleged that the no substitute requirement in this procurement was ignored or modified by the Department.

Having examined the evidence presented by the parties and considered the provisions of 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, April 16, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Marine

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-98-032) on March 8, 1999, with respect to a complaint filed by Polaris Inflatable Boats (Canada) Ltd. (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. E60MC-8-0001/A of the Department of Public Works and Government Services (the Department). The solicitation was for the establishment of a standing offer for rigid hull inflatable boats for various federal government agencies.

The complainant alleged that the National Master Standing Offer process being conducted by the Department discriminated against certain suppliers, in that, although the complainant may qualify for the standing offer and the complainant's products may be the best value to the Crown, very few of the complainant's products are purchased due to a bias in favour of a competitor's product.

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 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, April 22, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Architect and Engineering Services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-98-055) from MxI Technologies Ltd., of Ottawa, Ontario, with respect to a procurement by the Department of Public Works and Government Services (the Department) on behalf of the Department of National Defence (Solicitation No. W8465-6-BAGF/000/B). The solicitation is for the supply of technical investigation and engineering support services for the equipment conditioning monitoring system. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into this complaint.

It is alleged that the Department has improperly proceeded with a limited tender.

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, April 20, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Synthetic Baler Twine

In the matter of a review (Review No. RR-98-003), under subsection 76(2) of the Special Import Measures Act, of the finding made by the Canadian International Trade Tribunal on April 22, 1994, in Inquiry No. NQ-93-003, respecting synthetic baler twine with a knot strength of 200 lbs or less originating in or exported from the United States of America

Pursuant to subsection 76(4) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby rescinds its finding made on April 22, 1994, in Inquiry No. NQ-93-003.

Ottawa, Wednesday, April 21, 1999

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:

— Central Building, Les Terrasses de la Chaudière, 1 Promenade du Portage, Ground Floor, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);

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

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

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

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

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile).

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.

Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

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

99-87 April 19, 1999

Bell Satellite Services Inc.
Across Canada

Approved — Broadcasting licence for a national satellite relay distribution undertaking, expiring August 31, 2005.

99-88 April 19, 1999

Bell Satellite Services Inc.
Across Canada

Approved — Application for a national direct-to-home pay-per-view service, offering movies and other acquired programming on up to 22 channels in English and 8 in French. The licence will expire August 31, 2005.

99-89 April 19, 1999

Radio CKYK-FM inc.
Alma, Quebec

Approved — Acquisition of the assets of CFGT Alma from 3100-0185 Québec inc. The licence will expire August 31, 2004.

99-90 April 19, 1999

Scott Jackson, on behalf of a company to be incorporated
Barrie, Ontario

Approved — Broadcasting licence for an English-language, specialty FM radio programming undertaking at Barrie, expiring August 31, 2005.

99-91 April 23, 1999

Milk River Cable Club
Milk River, Alberta

Renewed — Broadcasting licence for the cable distribution undertaking serving Milk River to August 31, 1999.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-29-1

Extension of Deadline for Filing Requests for Certification as Eligible Independent Production Fund

On February 16, 1999, the Commission issued Public Notice CRTC 1999-29 entitled Contributions to Canadian Programming by Broadcasting Distribution Undertakings. The notice provided clarifications relating to the Commission's operating principles and guidelines for determining what constitutes an eligible independent production fund and for assessing the eligibility of contributions made by broadcasting distribution undertakings (BDUs). These clarifications supplemented the information provided in Public Notice CRTC 1997-98.

In Public Notice CRTC 1999-29, the Commission also informed BDUs that, to be eligible to receive and administer BDU contributions, independent production funds must receive prior confirmation of eligibility from the Commission. The deadline set by the Commission for receipt of submissions on this matter was April 23, 1999. The Commission hereby extends the deadline to December 31, 1999.

Since the Commission issued Public Notice CRTC 1999-29, it has been made aware of certain difficulties facing existing independent production funds (those created as of February 16, 1999) wishing to receive certification of eligibility. Some of the changes they must implement to comply with the criteria will need to be approved at an annual general meeting. The time allowed by the Commission in Public Notice CRTC 1999-29 for filing a "Request for certification of eligibility of independent production fund" may not be sufficient for funds to ensure that they comply with the eligibility criteria.

The Commission, therefore, extends to December 31, 1999, the deadline for BDUs to file the information asked for in "Request for certification of eligibility of independent production fund" relating to existing independent production funds to which the licensee intends to contribute.

The April 23, 1999 deadline continues to apply for funds that were created after February 16, 1999. As indicated in Public Notice 1999-29, funds must comply with the Commission's criteria set out in that notice to be eligible to receive BDU contributions.

April 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-65

Revised Lists of Eligible Satellite Services

1. In Decision CRTC 99-87 dated April 19, 1999, the Commission approved an application by Bell Satellite Services Inc. (BSSI), doing business under the name Bell ExpressVu, for a broadcasting licence to carry on a national satellite relay distribution undertaking (SRDU). The List of Part 2 Eligible Satellite Services (Part 2 list) and the List of Part 3 Eligible Satellite Services (Part 3 list) appended to this notice have been amended accordingly.

Addition of 32 Canadian signals

2. BSSI has been authorized to distribute 32 services from across Canada that do not currently appear on the Part 3 list. These include additional signals from the CBC, SRC, CTV, TVA and TQS networks, as well as independent stations (IND), Global stations and services from provincial educational broadcasters (Ontario's TVO and TFO and Quebec's STQ). These 32 signals are therefore added to the Part 3 list.

3. The Commission notes that the distribution of the CTV signals by cable licensees is subject to a restriction which requires that, where a cable licensee is also distributing the signal of a local CTV affiliate, it shall delete the duplicate programming received from the licensed SRDU or substitute the local service when the programming is identical.

Addition of U.S. 4+1 signals from Burlington and Erie

4. BSSI has also been authorized to distribute U.S. 4+1 signals originating from Burlington, Vermont and Erie, Pennsylvania. These signals have been added to the Part 2 list and the Part 3 list.

Addition of WUAB-TV (IND) Cleveland, Ohio

5. In accordance with the Commission's practice, WUAB-TV Cleveland, an independent U.S. service, is added to Section B only of the Part 2 list and to the Part 3 list.

Other matters

6. Class 1 and Class 2 licensees are reminded that, in accordance with the Distribution and Linkage Requirements for Class 1 and Class 2 licensees (Public Notice CRTC 1997-151 dated December 22, 1997), a condition of licence is required in order to distribute these signals as part of the basic service.

Revised lists

7. The above-mentioned lists supersede the lists appended to Public Notice CRTC 1998-104 dated October 8, 1998. For convenience, the List of DTH Eligible Satellite Services is also attached to the public notice as Appendix C.

April 19, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-66

Call for Applications for a Broadcasting Licence to Carry on a Radio Programming Undertaking to Serve Rimouski, Quebec

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

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 May 21, 1999, followed by a formal application to the Commission no later than June 21, 1999, 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 licensing 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.

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.

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.

5. Evidence as to the availability of financial resources consistent with the requirements established in the financial projections of the applicant's business plan. 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".

The Commission also reminds applicants that they should comply with the eligibility requirements set out in P.C. 1997-486, dated April 8, 1997, Direction to the CRTC (Ineligibility of Non-Canadians) and amended by P.C. 1998-1268, dated July 15, 1998, and in P.C. 1997-629 dated April 22, 1997, Order Amending the 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. The Commission notes that it issued its "Commercial Radio Policy 1998", Public Notice CRTC 1998-41, on April 30, 1998.

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, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, and by serving a true copy of the interventions on the applicants at least 25 days before the date of the hearing.

April 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-67

1. HGTV Canada Inc. (Home and Garden Television, "HGTV")
Across Canada

To amend the licence for its English-language national specialty television programming service. HGTV proposes a wholesale rate of $0.19 per subscriber per month when its service is carried as part of cable operators' or other distributors' basic service package. In such circumstances, the regulations allow distribution licensees to recover from subscribers the cost of providing the service. This represents a "pass-through portion" to be paid to HGTV (sections 45 and 53 of the Broadcasting Distribution Regulations).

Deadline for intervention: May 27, 1999

April 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-68

1. 3216195 Canada Inc.
Across Canada

To amend the licences for the national English-language digital Direct-to-Home (DTH) Pay-per-View (PPV) and terrestrial PPV programming undertakings known as Sports/Specials Pay-Per-View (Sports Specials).

2. The Sports Network (TSN)
Across Canada

To amend the licence for the national specialty television programming service. TSN seeks authority to operate a program repeat channel that would rebroadcast TSN programming on a separate channel.

Deadline for intervention: May 27, 1999

April 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-69

1. The Partners of Prime TV ("Prime TV")
Across Canada

To amend the broadcasting licence for its national English-language specialty programming undertaking as follows: (a) by changing the current definition of "broadcast day" as contained in its conditions of licence, from the period of 24 hours beginning at 12:00 midnight, to the period of 24 hours beginning at 8:00 a.m., to better reflect the scheduling practices of the licensee; and (b) pursuant to Public Notice CRTC 1995-159 entitled "Amendment to the Television Broadcasting Regulations, 1987" dated September 26, 1995, to amend its broadcasting licence by adding a condition of licence permitting Prime TV, during Canadian election periods, to exclude partisan political advertising from its calculations of the amount of advertising it broadcasts.

2. Canadian Broadcasting Corporation
Parry Sound, Ontario

To amend the broadcasting licence of CBLA-FM Toronto, by changing the technical parameters of its low power transmitter, CBLR-FM at Parry Sound. It is proposed to relocate the station and consolidate the facility with the English television station CBLT-TV-3, located north of Parry Sound. The transmitter would continue to operate on frequency 89.9 MHz but the ERP would increase from 50 to 180 watts, upgrading the facilities to a Class A1 station. The CBC states "this modification will economically improve English radio coverage provided to the community and its vicinity".

Deadline for intervention: May 27, 1999

April 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-70

Order Respecting the Distribution of the Aboriginal Peoples Television Network

The complete text of this public notice includes the Commission's Distribution Order (1999-2) respecting the national distribution of the Aboriginal Peoples Television Network (APTN). Consistent with the objectives of Decision CRTC 99-42, all broadcasting distribution undertakings to which this Order applies must distribute APTN's signal as part of any basic service, effective September 1, 1999, or when the service begins operating should this be after September 1, 1999. These distributors are authorized to increase their basic monthly subscriber fee by $0.15 per subscriber per month. In this Order, the Commission finalizes the terms upon which APTN is to be carried, as mandated in Decision CRTC 99-42.

April 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-71

Western Canada and Territories Region

1. Calgary, Alberta
Rawlco (Alberta) Ltd.

To amend the broadcasting licence of the (radio) programming undertaking CKIS-FM Calgary, by adding the following condition of licence:

The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines for Canadian Talent Development, as set out in Public Notice CRTC 1995-196 as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, concurrently with its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

As noted, the condition requires payments in accordance with CAB guidelines and at the levels identified for the various radio markets across Canada in Public Notice 1995-196. The level for the Calgary market is set at $8,000 per year.

Deadline for intervention: May 28, 1999

April 22, 1999

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NOTICE:
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