Vol. 133, No. 41 — October 9, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-99-007

Appeals

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, Standard Life Centre, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearings will be held as scheduled.

Excise Tax Act

Appellant v. Respondent (Minister of National Revenue)

November 1999

Date	Appeal Number	Appellant
18	AP-98-093	Cast Terminals Inc. Paragraph 23(8)(c)
	AP-98-094	Terminus Racine (Montréal) Ltd. Paragraph 23(8)(c)

Customs Act

Appellant v. Respondent (Deputy Minister of National Revenue)

November 1999

Date	Appeal Number	Appellant
3	AP-99-015 to AP-99-025	Convoy Supply Ltd.
	Goods in Issue:	Roofing felts (GlasPly IV and GlasPly Premier)
	Dates of Entry:	April 19, 1996, to February 28, 1997
	Tariff Items at Issue
	Appellant:	6807.10.00
	Respondent:	7019.32.10
10	AP-99-028	Aubé Technologies Inc.
	Goods in Issue:	Line voltage thermostats
	Dates of Entry:	September 18 and 19, 1996
	Tariff Items at Issue
	Appellant:	9032.10.10
	Respondent:	9032.10.90
23	AP-99-010	Phosyn, plc
	Goods in Issue:	Micronutrient fertilizers
	Dates of Entry:	June 20, 1997, and March 27, 1998
	Tariff Items at Issue
	Appellant:	3105.10.00 and 3105.90.00
	Respondent:	3824.90.90
24	AP-99-027	Kotel Books
	Goods in Issue:	Kiddush sets
	Date of Entry:	March 12, 1999
	Tariff Items at Issue
	Appellant:	9986.00.00
	Respondent:	7114.11.00
25	AP-99-031	M. Baig International Corp.
	Goods in Issue:	Fabric
	Date of Entry:	March 4, 1998
	Tariff Items at Issue
	Appellant:	5408.32.20
	Respondent:	5408.33.00
29	AP-99-014	Patagonia International Inc.
	Goods in Issue:	Clothing
	At Issue:	Value for Duty

October 1, 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:

— 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.

99-449 September 30, 1999

Diffusion Métromédia CMR inc.
Longueuil, Quebec

Approved — Acquisition of the assets of the radio programming undertaking CIEL-FM Longueuil as well as its radio network from Radio MF C.I.E.L. (1981) inc. Licences will expire December 31, 1999, in the case of CIEL-FM and August 31, 2006, in the case of the network.

99-450 September 30, 1999

Regional Cable TV (Western) Inc.
Keremeos, British Columbia

Approved — Acquisition of the assets of the cable distribution undertaking serving Keremeos from Keremeos Cable Ltd. The licence will expire August 31, 2001.

99-451 September 30, 1999

Regional Cable TV (Western) Inc.
Oliver and Osoyoos, British Columbia

Approved — Acquisition of the assets of the cable distribution undertaking serving Oliver and Osoyoos from Wood Lake Cable Ltd. The licence will expire August 31, 2001.

99-452 September 30, 1999

NewCap Inc.
Gander, Newfoundland

Approved — Application to replace AM station CKXD Gander with a new English-language FM station. The licence will expire August 31, 2005.

99-453 September 30, 1999

NewCap Inc.
Grand Falls and Robert's Arm, Newfoundland

Approved — Application to replace AM station CKXG Grand Falls with a new English-language FM station. The licence will expire August 31, 2005.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 1999-9-1

Further to its Notice of Public Hearing CRTC 1999-9 dated September 10, 1999, relating to its public hearing commencing on November 16, 1999, at the Delta Bessborough, 601 Spadina Crescent E, Saskatoon, Saskatchewan, the Commission announces that, at the request of the Applicant, the following item is withdrawn from the public hearing:

Issue No. 1 — Item 6
Canwest Television Inc.
Dauphin, Manitoba

To amend the broadcasting licence for CKND-TV Winnipeg, Manitoba. As the application by CanWest Television Inc. is now being withdrawn, the application by Craig Broadcast Systems Inc. (item 7) is no longer technically mutually exclusive.

September 29, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 1999-10

The Commission will hold a public hearing commencing on December 6, 1999, at 9 a.m. (Issue No. 1) at the Conference Centre, Portage IV, 140 Promenade du Portage, Hull, Quebec, to consider the following:

1. Across Canada
3609294 Canada Inc., the general partner, and BCE Inc. (BCE), as the limited partner, which will operate as Bell ExpressVu Limited Partnership.

For authority to acquire the assets of the DTH Broadcasting Distribution undertaking, the DTH Pay-per-View undertaking and the satellite relay distribution undertaking. The transactions are to be effected in connection with a corporate reorganization and will have no effect on the ultimate control of any of the undertakings. 3609294 Canada inc. is a wholly-owned subsidiary of BEI, itself a wholly-owned subsidiary of BCE. Both before and after the reorganization, all licensed undertakings are and will be under the effective control of and wholly owned by BCE. The applicant is also requesting to obtain broadcasting licences to continue the operation of these undertakings under the same terms and conditions as the existing licences.

2. Across Canada
CHUM Limited (CHUM) and Sun Company (OBCI) partners in a general partnership (to be known as Pulse 24)

For authority to acquire the assets of Cable Pulse 24 (CP 24) and to obtain a specialty programming undertaking licence under the same terms and conditions as the current licence. The Commission notes that this assets acquisition is part of a corporate reorganization, whereby CP 24, currently a corporation, will become a general partnership with CHUM and Sun Company as partners. This corporate reorganization is primarily for tax purposes. Presently the Commission points out that (CP 24) is 70 percent owned by CHUM and 30 percent owned by Sun Company (OBCI).

3. Across Canada

Background

On February 10, 1999, CTV Inc. (CTV) announced that it had reached an agreement with the Canadian shareholders of NetStar Communications Inc. (NetStar) to purchase all of the shares of NetStar not held by ESPN Sub, a wholly-owned subsidiary of ESPN Inc. (ESPN). These shares will amount to 68.46 percent of NetStar's issued and outstanding voting shares.

On February 3, 1999, the Commission approved the trust arrangement that had been put in place with respect to the 68.46 percent Canadian voting interest in NetStar. The transaction closed in trust on March 5, 1999.

Subsequently, CTV filed an application in order to seek the Commission's authority to implement the transaction which can be summarized as follows:

Application by CTV, on behalf of The Sports Network Inc. (TSN), Le Réseau des sports (RDS) Inc. (RDS) and 2953285 Canada Inc. (Discovery), operating as The Discovery Channel, for authority to effect a change of effective control in NetStar.

NetStar is the owner of TSN (100 percent) and the owner through its subsidiary NetStar Enterprises Inc. of RDS (100 percent), Discovery (80 percent) and Viewer's Choice Canada (Viewer's Choice) [24.95 percent].

The transfer of effective control will be the result, should the proposed transaction be approved, of the transfer of the majority voting interests of the parent company NetStar currently held by the trustee, Donald G. Campbell, to 3578704 Canada Inc. (CTV Sub), a wholly-owned subsidiary of CTV.

The NetStar shares currently in trust represent a 68.46 percent voting interest. However, as a result of a share reorganization that would take place prior to the transfer to CTV Sub of the 68.46 percent of the eligible voting shares, the controlling interest in NetStar would increase to 80 percent. ESPN's interest in NetStar will be held by ESPN Sub, and will be reduced from the present level of 31.54 percent to 20 percent.

The Commission intends to discuss, among other questions, the level of concentration of ownership in sports programming that would result from the transaction and the impact that may occur on the broadcasting industry. In this context, the Commission may wish to discuss whether it would be appropriate, in the circumstances, for CTV to divest a part of its broadcast holdings in the event the application is approved.

In addition, the Commission may wish to discuss the appropriate valuation of the transaction as well as the specific proposals for unequivocal tangible benefits.

Further, the Commission may wish to discuss with interested parties the issue of foreign ownership and where control of the sports related services would reside following any approval of the application (i.e. responsibility for the day-to-day management and operational control of the licensees).

4. Across Canada
Sportscope Television Network Ltd.

Sportscope, licensee of a national English-language specialty programming undertaking devoted exclusively to sports programming with a particular focus on sports highlights, including video clips, scores and updates (Headline Sports), requesting Commission approval to amend two of its existing conditions of licence and to add a new one:

Relevant portions of existing conditions of licence:

1. The licensee shall not broadcast any live sports events coverage.

2. The licensee shall devote to the distribution of Canadian programs not less than 100 percent of the broadcast year.

Proposed conditions of licence:

1. The licensee may broadcast live sports events coverage provided that the hours devoted to such broadcasting do not exceed 15 percent of the licensee's quarterly program schedule.

2(a). The licensee shall devote to the distribution of Canadian programs not less than 80 percent of the broadcast year.

2(b). The licensee shall devote not less than 60 percent of the evening broadcast period during each broadcast year to the distribution of Canadian programs.

3. The licensee may distribute separate regional programming in place of its national service to affiliated distribution undertakings provided that the hours devoted to such regional programming do not exceed 10 percent of the licensee's quarterly program schedule.

5. Bancroft, Ontario
The Haliburton Broadcasting Group Inc.

For authority to acquire the assets of radio programming undertaking CJNH Bancroft, and for a broadcasting licence to continue the operation of this undertaking upon surrender of the current licence issued to Quinte Broadcasting Company, Limited.

6. Barrie, Ontario
CHUM Limited

For a broadcasting licence to carry on an English-language FM radio programming undertaking in Barrie. The new station would operate on frequency 97.7 MHz (channel 249B) with an effective radiated power of 9 960 watts. The applicant is proposing a CHR (contemporary hit radio) music format. CHUM Limited currently operates a television station (CKVR-TV) in the Barrie market. The Commission notes that this application is technically mutually exclusive with the application filed by Larche Communications (Barrie) Inc. which is also scheduled at this hearing for the use of the 97.7 MHz frequency.

7. Barrie, Ontario
Larche Communications (Barrie) Inc.

For a broadcasting licence to carry on an English-language FM radio programming undertaking in Barrie. The new station would operate on frequency 97.7 MHz (channel 249B) with an effective radiated power of 10 560 watts. The applicant is proposing a classic rock music format. The Commission notes that this application is technically mutually exclusive with the application filed by CHUM Limited which is also scheduled at this hearing for the use of the 97.7 MHz frequency.

8. Barrie, Ontario
Rock 95 Broadcasting (Barrie-Orillia) Ltd.

For a broadcasting licence to carry on an English-language FM radio programming undertaking in Barrie. The new station would operate on frequency 107.5 MHz (channel 298C1) with an effective radiated power of 26 000 watts. The applicant is proposing a Top 40/Contemporary Hit music format. Rock 95 Broadcasting (Barrie-Orillia) Ltd. currently operates a radio station (CFJB-FM) in the Barrie market.

9. Belleville, Ontario
Anthony Zwig, on behalf of a company to be incorporated

For a broadcasting licence to carry on an English-language FM radio programming undertaking in Belleville. The new station would operate on frequency 100.1 MHz (channel 261B) with an effective radiated power of 40 000 watts. The applicant is proposing a country music format. It should be noted that Anthony Zwig through his ownership of Belleville Radio Limited, licensee of CJOJ-FM, has an FM presence in Belleville.

10. Hamilton/Burlington, Ontario
Affinity Radio Group Inc.

For a broadcasting licence to carry on an English-language FM radio programming undertaking at Hamilton/Burlington. The new station would operate on frequency 94.7 MHz (channel 234B) with an effective radiated power of 1 410 watts. The applicant is proposing a country music format. Affinity Radio Group Inc. currently operates a radio station (CHAM) in the Hamilton market. The Commission notes that this application is technically mutually exclusive with the applications filed by NewCap Inc. and Douglas Kirk and Rae Roe which are also scheduled at this hearing for the use of the 94.7 MHz frequency.

11. Hamilton/Burlington, Ontario
Douglas Kirk and Rae Roe, on behalf of a company to be incorporated

For a broadcasting licence to carry on an English-language FM radio programming undertaking at Hamilton/Burlington. The new station would operate on frequency 94.7 MHz (channel 234B) with an effective radiated power of 1 880 watts. The applicant is proposing a new adult contemporary/smooth jazz music format with a minimum weekly level of 35 percent instrumental musical selections. The Commission notes that this application is technically mutually exclusive with the applications filed by Affinity Radio Group Inc. and NewCap Inc. which are also scheduled at this hearing for the use of the 94.7 MHz frequency.

12. Hamilton/Burlington, Ontario
NewCap Inc.

For a broadcasting licence to carry on an English-language FM radio programming undertaking at Hamilton/Burlington. The new station would operate on frequency 94.7 MHz (channel 234B) with an effective radiated power of 6 200 watts. The applicant is proposing a modern adult contemporary/ modern rock music format. The Commission notes that this application is technically mutually exclusive with the applications filed by Affinity Radio Group Inc. and by Douglas Kirk and Rae Roe, which are also scheduled at this hearing for the use of the 94.7 MHz frequency.

13. Nepean (Barrhaven), Ontario
Joseph Rajda, "Pols-Haven"

For a broadcasting licence to carry on a predominantly English-language, low power, for profit (Specialty) FM radio programming undertaking at Nepean (Barrhaven), operating on frequency 97.1 MHz (channel 246LP) with an effective radiated power of 50 watts. The applicant will also offer a maximum weekly level of 30 percent French-language programming. The applicant is proposing to broadcast a maximum weekly combined level of category 21 (pop, rock and dance music) and category 22 (country and country-oriented music) of no more than 51 percent of the total amount of music aired. This application was previously scheduled for the June 28, 1999 Hull public hearing but was postponed at the request of the applicant. Additional information has been added to the file for this application.

14. Newmarket, Ontario
1093641 Ontario Limited

To renew the broadcasting licence of the (radio) programming undertaking CKDX-FM Newmarket expiring February 29, 2000.

The Commission notes the apparent failure of the licensee to comply with section 8 of the Radio Regulations, 1986 concerning the provision of logger tapes as well as with subsection 2.2(3) concerning the broadcast of Canadian content for category 2 music. It should be noted that in Decision CRTC 99-267 dated August 18, 1999, the Commission renewed this licence from September 1, 1999, to February 29, 2000, for administrative reasons. In the decision, the Commission mentioned that the administrative renewal of the licence did not in any manner dispose of the licence renewal application, nor any relevant matters before the Commission in connection with this application and, consequently, it is scheduling this application at this public hearing.

15. Toronto, Ontario
Jan Pachul

For a broadcasting licence to carry on an English-language low power television programming undertaking at Toronto. The new station would operate on channel 15 with a transmitter power of 476 watts.

16. Toronto, Ontario
Headline Sports Radio Inc.

For a broadcasting licence to carry on an English-language radio network operation, for the purpose of broadcasting NFL football games during the 1999, 2000 and 2001 seasons.

17. St. John's, Clarenville, Grand Falls, Baie Verte, Carbonear (Spaniard's Bay), Marystown and Gander, Newfoundland NewCap Inc., on behalf of 3610306 Canada Inc.

The applicants propose a two-stage transaction involving the following radio programming undertakings and their transmitters:

Call Sign	Location
VOCM-FM	St. John's, Newfoundland
VOCM-FM-1	Clarenville, Newfoundland
VOCM	St. John's, Newfoundland
CKVO	Clarenville, Newfoundland
CKCM	Grand Falls, Newfoundland
CKIM	Baie Verte, Newfoundland
CHVO	Carbonear (Spaniard's Bay), Newfoundland
CHCM	Marystown, Newfoundland
CKGA	Gander, Newfoundland

(1) 3610306 Canada Inc., a wholly-owned subsidiary of VOCM Radio Newfoundland Limited, requests authority to acquire the assets of the above-noted undertakings and their transmitters.

The applicant also requests broadcasting licences to continue the operation of these undertakings, upon surrender of the current licences issued to VOCM Radio Newfoundland Limited.

The applicant proposes to operate the undertakings under the same terms and conditions as the current licences.

(2) NewCap Inc. seeks to gain effective control of 3610306 Canada Inc. by acquiring all of the common voting shares of the licensee.

The Commission notes that following this acquisition NewCap Inc. will have directly and indirectly (through 3610306 Canada Inc.) four radio stations in St. John's, Newfoundland, which is not in line with our new common ownership policy as outlined in "Commercial Radio Policy 1998" Public Notice CRTC 1998-41.

18. Isle Madame, Nova Scotia
Telile: Isle Madame Community Television Association

For a broadcasting licence to carry on an English- and French-language low-power television station at Isle Madame. The new station would operate on channel 10 with a transmitter power of 45.3 watts. The applicant has requested to be relieved, by condition of licence, of the requirements of subsections 10(1) to 10(4) of the Television Broadcasting Regulations, 1987 with regard to the retention of program logs or records.

To ensure the effective use of public hearing time, and consistent with the Commission's practice in similar proceedings, it may group the appearance of various interveners to particular applications at the same time.

Deadline for intervention: November 12, 1999

October 1, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 1999-10-1

The Commission will hold a public hearing commencing on December 6, 1999, at 9:00 a.m. (Issue No. 2), at the Conference Centre, Portage IV, 140 Promenade du Portage, Hull, Quebec to consider the following:

The following application is withdrawn from the October 4, 1999 public hearing and rescheduled to this public hearing. It should be noted that no interventions were received for this application and that the intervention deadline is not extended.

19. Ottawa and surrounding areas, Ontario
Rogers Ottawa Limited/Limitée

The applicant is requesting a broadcasting licence for a regional cable distribution undertaking at Ottawa and surrounding areas. The proposed regional licence will replace the current individual licences held by the applicant for Ottawa East (part of Ottawa, Vanier, Rockliffe Park, Gloucester, part of Nepean and parts of Rideau, Osgoode, Cumberland and Russell Townships), Ottawa West (part of Ottawa, part of Nepean, Kanata, parts of the Townships of March and Goulbourn, Almonte and Carleton Place) and Carp, Ontario. The applicant has applied to continue, with certain modifications, in the new licence the exemptions and authorizations concerning programming currently in effect in the present licences. These exemptions and authorizations are listed in the application.

October 1, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-161

Quebec and Atlantic Region

1. Clarenville, Newfoundland
Canadian Broadcasting Corporation

To amend the broadcasting licence of the English-language radio programming undertaking CBG Gander.

2. Amos, Quebec
Canadian Broadcasting Corporation

To amend the broadcasting licence of the French-language radio programming undertaking CBFX-FM Montréal.

Western Canada and Territories Region

3. Whitehorse, Yukon Territory
Canadian Broadcasting Corporation

To amend the broadcasting licence of the French-language television programming undertaking CBFT Montréal.

Deadline for intervention: November 3, 1999

September 29, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-162

Ontario Region

1. Sudbury and Timmins, Ontario
The Haliburton Broadcasting Group Inc. (Haliburton)

To amend the broadcasting licence of radio programming undertakings CHYC Sudbury and CKOY Timmins, by deleting the following condition of licence:

"It is a condition of each licence that the licensee shall, in any broadcast week, devote 65 percent or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety."

With the deletion of this condition of licence, the licensee would nevertheless be subject to a 35 percent Canadian content obligation pursuant to the Radio Regulations, 1986.

In Decision CRTC 99-404, the Commission approved in part applications by Haliburton to acquire the assets of CHYC Sudbury and CKOY Timmins from Pelmorex Radio Inc. and to convert these two stations from the AM band to the FM band.

The applicant advises that it had inadvertently included a 65 percent Canadian content commitment as opposed to 35 percent in those applications.

Deadline for intervention: November 3, 1999

September 29, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-163

Durham Radio Inc.
Ajax and Sunderland, Ontario

The Commission announces that it has approved, by Letter of Authority A99-0124 dated September 17, 1999, a change to the effective control of Durham Radio Inc., licensee of radio programming undertaking CJKX-FM Ajax and its transmitter CJKX-FM-1 Sunderland.

September 30, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-164

Earlton Cable Vision Ltd.
Earlton, Ontario

The Commission announces that it has approved, by Letter of Authority A99-0126 dated September 24, 1999, a change to the effective control of Earlton Cable Vision Ltd., licensee of the cable distribution undertaking serving Earlton. The change of control is effected through the transfer of all of the issued and outstanding shares held by 3260267 Canada Inc., to Regional Cablesystems Inc.

October 1, 1999

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NOTICE:
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