Vol. 133, No. 29 — July 17, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

Rayon/Polyester Woven Fabrics

Notice is hereby given that, on July 8, 1999, the Canadian International Trade Tribunal submitted to the Minister of Finance, pursuant to section 19 of the Canadian International Trade Tribunal Act, a report, with a recommendation, with respect to a request for tariff relief filed by Jones Apparel Group Canada Inc. regarding rayon/polyester woven fabrics (Request No. TR-98-017).

July 8, 1999

By Order of the Tribunal

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:

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.

99-159 July 5, 1999

Campbellford Area Radio Association
Campbellford, Ontario

Approved — Change in the frequency for the radio programming undertaking CKOL-FM Campbellford.

99-160 July 7, 1999

Canadian Broadcasting Corporation
Montréal, Quebec

Approved — Increase in the effective radiated power for CBME-FM Montréal, from 4 000 watts to 16 900 watts.

99-161 July 8, 1999

CTV Television Inc. (CTV)
Across Canada

Approved — Amendment to the condition of licence relating to advertising material.

99-162 July 8, 1999

Rawlco (Alberta) Ltd.
Calgary and Banff, Alberta

Approved — Increase of the effective radiated power for CKIS-FM-1 Banff, from 9 watts to 45 watts.

99-163 July 8, 1999

CTV Television Inc. (formerly BBS Incorporated)
Kitchener, North Bay, Wiarton and Huntsville, Ontario

Approved — Addition of a transmitter at Wiarton.

99-164 July 8, 19999

CTV Television Inc.
Huntsville, Ontario

Approved — Broadcasting licence for an English-language television programming undertaking at Huntsville, expiring August 31, 2002.

99-165 July 8, 1999

Newcap Inc.
Thunder Bay, Ontario

C.J.S.D. Incorporated
Thunder Bay, Ontario

Renewed — Broadcasting licences for CJLB-FM and CKPR Thunder Bay, from September 1, 1999, to August 31, 2000.

99-166 July 8, 1999

2535-1438 Québec inc.
Saint-Mathieu-de-Laprairie, Quebec

Renewed — Broadcasting licence for the cable distribution undertaking serving Saint-Mathieu-de-Laprairie, from September 1, 1999, to August 31, 2000.

99-167 July 8, 1999

The Ontario Educational Communications Authority (TVOntario)
Toronto, Ontario

Renewed — Broadcasting licence for the television programming undertaking broadcasting coverage of the Ontario Legislative Assembly, from September 1, 1999, to August 31, 2000.

99-168 July 8, 1999

Natotawin Broadcasting Inc.
La Ronge, Saskatchewan

Renewed — Broadcasting licence for native radio programming undertaking CJLR-FM La Ronge and its transmitters listed in the decision from September 1, 1999, to August 31, 2000.

99-169 July 9, 1999

Canadian Satellite Communications Inc.
Across Canada

Approved — Merger of the Cancom and Star Choice satellite relay distribution undertakings (SRDU), with consequent changes in effective control of Cancom, the DTH and SRDU undertakings carried on by Star Choice, and the specialty service ROBTv.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-107

1. Across Canada
Star Choice Television Network Incorporated

To amend the broadcasting licence of the national satellite relay distribution undertaking (SRDU).

Deadline for intervention: August 12, 1999

July 7, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-108

Amendments to the Broadcasting Distribution Regulations Regarding Basic Service Fees

Summary

The Commission has adopted, by majority vote, amendments to the Broadcasting Distribution Regulations (the Regulations) which were put forward for public comment in Public Notice CRTC 1999-56. They were registered with the Clerk of the Privy Council on June 28, 1999, and came into effect on that same date. They will be published in the Canada Gazette, Part II, on July 21, 1999.

The amendments will:

This public notice also sets out a number of factors that the Commission may take into consideration when it reviews proposed increases to basic monthly fees associated with the carriage of additional specialty services on the basic service.

Background

1. In the early part of 1999, the Commission received a number of complaints from cable subscribers objecting to increases to their basic monthly fees resulting from a cable licensee adding one or more Canadian specialty services to the basic service package, and passing on the associated cost for the service directly to subscribers.

2. Cable licensees have a degree of flexibility concerning how they distribute Canadian specialty services. In certain circumstances, licensees may include such services as part of the basic cable service package and recover from subscribers the cost of providing the service. This is known as a "pass-through fee," and is paid to the specialty service. In addition to this pass-through fee, the Regulations also allow the licensee to charge a mark-up fee of either $0.02 or $0.03 per subscriber per month, depending on the market. In both cases, the Regulations had provided that Class 1 licensees could automatically increase their basic monthly fee by these amounts upon complying with the notice and filing requirements set out in the Regulations. However, there was no explicit opportunity for subscribers to provide their comments, or for the Commission to suspend or disallow all or part of the proposed increase.

3. In order to respond to the concerns of consumers, the Commission issued Public Notice CRTC 1999-56 in which it called for comments on the amendments to the Regulations being adopted today.

The Commission's Decision

4. As indicated above, the Commission has, by majority vote, decided to adopt amendments to the Regulations that it proposed in Public Notice 1999-56. This will provide a mechanism for it to suspend or disallow all or part of a proposed increase in the base or the pass-through portion of a licensee's basic monthly fee associated with the addition of a specialty service to the licensee's basic service. The Commission may decide to suspend or disallow all or part of a proposed increase if it determines that the increase is not justified under the broadcasting policy set out in subsection 3(1) of the Act.

5. The amendments also set out the details of the notice that licensees must provide to subscribers and provide those subscribers with a 30-day period to provide their own comments to the Commission.

6. Some of the factors that the Commission may take into consideration in applying subsection 54(2) of the revised Regulations include:

7. The Commission also notes that these amendments will only apply to the addition of specialty services to basic, and not to the addition of services that the Commission requires licensees to carry on the basic service on a mandatory basis.

July 7, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-109

Call for Applications for a Broadcasting Licence to Carry on a Radio Programming Undertaking to Serve Kingston, Ontario

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

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 August 9, 1999, followed by a formal application to the Commission no later than September 7, 1999, and are also required to submit all necessary technical documentation to the Department of Industry by the latter 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 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 must 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 K1A 0N2, and by serving a true copy of the interventions on the applicants at least 25 days before the date of the hearing.

July 8, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-110

Ontario Region

1. Wingham, Ontario
Canadian Broadcasting Corporation (CBC)

To amend the broadcasting licence for CBLA-FM Toronto which provides the service of its Radio One network. The CBC proposes to add a transmitter at Wingham, operating on a frequency of 100.9 MHz (channel 265B) with an effective radiated power of 11 800 watts.

Deadline for intervention: July 28, 1999

July 8, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-111

The Issuance of Calls for Radio Applications

1. In Public Notice CRTC 1998-41, Commercial Radio Policy 1998, the Commission announced a change to its policy related to radio station ownership, to allow a single owner to hold more than one licence in a given frequency band, in the same language, in the same market.

2. The Commission correctly anticipated that applications for new FM stations as well as AM to FM conversions would increase as a result of this change in policy. The Commission has determined that a general framework for processing these applications is required to accelerate the application process for the industry and to maintain the Commission's service standards.

3. The primary issue is determining when a call for applications should be issued in response to a new proposal. This issue was addressed briefly in the public notice noted above as follows:

Accordingly, consistent with its objective of encouraging competition and choice, the Commission will assess each application, whether for a licence to carry on a new radio service or to convert an existing AM station to the FM band, on its merits, and will issue a call for competing applications in those circumstances where it determines that a call is warranted.

4. The Commission is of the opinion that the radio industry could benefit from an understanding of the types of original applications that will likely trigger a call for further applications to serve the market. Applications for new radio undertakings, or for AM to FM conversions, will generally result in a call in the affected market, with the following exceptions:

5. Low power and other proposals with very little or no commercial potential.

These proposals are usually non-commercial, or with limited commercial activity. Special-interest community stations, campus, Christian-music and Canadian Broadcasting Corporation services would generally fall under this category.

6. Proposals to provide the first commercial service in a market.

The Commission notes that, if the market has never included a commercial radio service, the public interest would not usually be served by unduly delaying the implementation of such a service.

7. Proposals by the sole commercial operator in a market to improve service to the market, either through an AM to FM conversion or a new station.

As noted above, the public interest would not usually be served by delaying the implementation of an improvement in service.

8. Proposals to provide the first commercial service in the other official language in a market, or to convert the only station in the other official language from AM to FM.

The Commission has traditionally treated bilingual markets as two separate markets, and therefore is of the opinion that applications for a new station in the other language or to convert the only commercial station in the other official language from AM to FM, should be processed in the same way as they are in markets with only one commercial operator.

9. Proposals to convert stations from AM to FM, in markets with two or fewer commercial operators.

In smaller markets, where operators might seek to improve signal coverage or the quality of the signal, licensees may be reluctant to submit proposals to convert from AM to FM because a call may be issued for the market, potentially resulting in competitive applications where no such interest had previously been shown.

10. The Commission has traditionally considered that applications to convert an AM station to the FM band would not have a significant impact on the market. A potential additional entrant in smaller markets can have a serious impact on the existing stations.

11. FM frequencies are in short supply in much of southern Canada. There has always been a shortage in the Windsor to Québec corridor, and in the lower mainland of British Columbia. Where an applicant proposes to use the last known commercially viable frequency allotment, regardless of the type of proposal, the Commission will give consideration to issuing a call.

12. The Commission has also determined that, in all cases where it decides that a call should be issued, it will advise the original applicant of the impending call. It will then allow the applicant a period of ten working days to decide whether to withdraw the application or to proceed. If the applicant decides to withdraw, the call will not be issued. If the applicant decides to proceed, the Commission will issue the call, and the original application will be assessed in competition with any application filed in response to that call. Applicants may, therefore, wish to provide in their applications reasons why the Commission should not issue a call in their particular case.

13. It is noted that in cases where an application is originally processed without a call, the Commission will, as is its usual practice, assess all interventions received, with respect to the process or any other matter pertaining to the application.

July 8, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-112

Western Canada and Territories Region

1. Brandon (rural regions surrounding), Foxwarren, Riding Mountain, Newdale, Baldy Mountain (Dauphin), Elie, Winnipeg, Interlake (Chatfield), Lac du Bonnet and Falcon Lake, Manitoba
Sky Cable Inc.

Subscribers in the above-noted communities receive television programming through an MDS radiocommunication distribution undertaking. The licensee of this undertaking requests authority to replace two of the United States signals currently delivered as part of the basic service. The application seeks to replace WTOL-TV (CBS) Toledo, Ohio and WDIV (NBC) Detroit, Michigan, with WCCO-TV (CBS) and KARE-TV (NBC) Minneapolis, Minnesota.

2. Invermay, Saskatchewan
Krimbs T.V. Satellite Association Inc.

The licensee requests authority to add the distribution of The Sports Network (TSN), in encrypted mode, on channel 36, with a transmitter power of 20 watts. This change requires an amendment to the licence.

3. Chase, British Columbia
Canadian Broadcasting Corporation

To amend the broadcasting licence for radio station CBTK-FM Kelowna. The CBC proposes to add an FM mono transmitter at Chase operating on frequency 95.5 MHz (channel 238A) with an effective radiated power of 87 watts. The CBC states that the new transmitter will replace AM transmitters CBUH Chase and CBKX Sorrento, British Columbia, once it has been determined that the new FM transmitter adequately serves the population presently receiving service from the AM transmitters.

Deadline for intervention: August 13, 1999

July 9, 1999

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NOTICE:
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