Vol. 133, No. 45 — November 6, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

Polyester/Rayon Fabrics

Notice is hereby given that, on October 27, 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 Ballin Inc. regarding certain polyester/rayon fabrics (Request No. TR-97-012).

October 27, 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.

99-479 October 26, 1999

1093641 Ontario Limited
Newmarket, Ontario

Approved — Increase of the effective radiated power for CKDX-FM Newmarket from 500 watts to 11 300 watts.

99-480 October 28, 1999

CKAY (1979) Radio Inc.
Duncan, British Columbia

Canadian Broadcasting Corporation
Victoria, British Columbia

O.K. Radio Group Ltd.
Victoria, British Columbia

Rogers Broadcasting Limited
Victoria, British Columbia

Seacoast Communications Group Incorporated
Victoria, British Columbia

Approved — Three applications for new FM stations on Vancouver Island. One station, operated by CKAY (1979) Radio Inc., will be located at Duncan and will serve the Cowichan Valley Regional District with an adult contemporary format. The two other new FM stations will serve Victoria. One of these will be operated by O.K. Radio Ltd. and will offer a country music format. The other one will be operated by Seacoast Communications Group Incorporated and will provide Victoria residents with a modern rock and alternative music format.

Approved — in part — Application by the Canadian Broadcasting Corporation (CBC) to add a transmitter at Victoria to rebroadcast the signal of CBUF-FM Vancouver. CBC must file an amendment to the proposed technical parameters.

Denied — Application by Rogers Radio Broadcasting Limited for new commercial FM stations to serve Victoria, by using the same frequency as that of the Seacoast station.

99-481 October 28, 1999

Kelowna Broadcasting Ltd.
Kelowna, British Columbia

Okanagan Radio Limited
Kelowna, British Columbia

Denied — Application by Kelowna Broadcasting Ltd. for an English-language FM radio programming undertaking at Kelowna and application by Okanagan Radio Limited to replace AM station CKBL Kelowna with an English-language FM station.

99-482 October 28, 1999

Affinity Radio Group Inc.
London, Ontario

Rogers Broadcasting Limited
London, Ontario

CHUM Limited
London, Ontario

Tillsonburg Broadcasting Company Limited
Tillsonburg, Ontario

Approved — Application by CHUM Limited for broadcasting licences to establish English-language FM stations in London. The licence will expire August 31, 2006.

Denied — Three competing applications by Affinity Radio Group Inc., Rogers Broadcasting Limited and Tillsonburg Broadcasting Company Limited.

99-483 October 28, 1999

Wakeham Bay Cooperative Association
Kangirsujuaq, Quebec

Approved — Licence for a cable distribution undertaking to serve Kangirsujuaq, expiring August 31, 2006.

99-484 October 28, 1999

Sugluk Co-operative Association
Salluit, Quebec

Approved — Licence for a cable distribution undertaking to serve Salluit, expiring August 31, 2006.

99-485 October 28, 1999

Big Pond Communications 2000 Inc.
Thunder Bay, Ontario

Denied — Broadcasting licence for an English-language FM low-power radio programming undertaking at Thunder Bay.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 1999-8-1

Further to its Notice of Public Hearing CRTC 1999-8 dated September 9, 1999, relating to a public hearing in Hull, Quebec, on October 26, 1999, the Commission announces the following:

The WIC Western International Communications Ltd. (WIC) applications, summarized below, are adjourned to the December 6, 1999 public hearing to be held in Hull, Quebec (initiated by Notice of Public Hearing 1999-10).

The Commission notes that if certain documents (see below) are filed by, respectively, November 1, 1999, and December 1, 1999, the Commission will further adjourn the WIC applications so that both they, and subsequent applications relating to WIC, may be heard together at a public hearing to be scheduled in April 2000.

Related Document: Notice of Public Hearing 1999-10-4, October 25, 1999.

Summary of applications

(a) WIC Western International Communications Ltd. (WIC)

For authority to effect a change in ownership. If authority is granted, Shaw Communications Inc. (Shaw) or an affiliate would be permitted to hold directly or indirectly 372 902.5 of WIC's class A voting shares. This would represent 49.96 percent of these shares.

(b) WIC

For authority to effect a change in ownership. If authority is granted, Shaw or an affiliate would be permitted to hold directly or indirectly 9 877 841 of WIC's class B non-voting shares. This would represent 52 percent of these shares.

Background to the adjournment

On March 5, 1999, the Commission published Notice of Public Hearing 1999-2 for a hearing to be held on May 3, 1999, in Vancouver. At that time, the Commission was to hear the applications from WIC for authority to effect changes to its ownership.

On April 1, 1999, the Commission published Notice of Public Hearing 1999-2-3 to advise that the Commission had withdrawn the WIC applications from the May 3 hearing in light of ongoing negotiations between Shaw and CanWest Global Communications Corp. (CanWest) with respect to WIC and its assets.

On September 9, in Notice of Public Hearing 1999-8, the Commission noted that WIC's applications raise important regulatory issues that require resolution in a timely fashion. Consequently, as the Commission had not had, for many months, any firm indication that an agreement had been reached between Shaw and CanWest, the Commission scheduled the applications for consideration at a public hearing on October 26, 1999, in Hull.

On October 12, 1999, CanWest, Shaw and Corus Entertainment Inc. (Corus) [collectively, the Parties] wrote to the Commission advising that they have resolved all of the significant commercial issues outstanding among them with respect to the WIC transactions. The Parties noted that matters were settled on October 3, 1999, through commercial agreements set out in a memorandum of that date. They indicated that while the transaction is a complex one, they will be in a position to execute the necessary definitive agreement by November 1, 1999 (the Definitive Agreement). They undertook to file the appropriate applications for the Commission's approval no later than December 1, 1999 (the Applications).

In light of these developments, the Parties submitted that the October 26, 1999 public hearing should be suspended pending the filing of the Applications, which, they submitted, represent "the complete resolution to WIC's current ownership issues." WIC and Cathton Holdings Ltd. supported the Parties' request by separate letters dated October 12, 1999.

On October 15, 1999, the Commission issued a decision letter adjourning the WIC applications. The Commission stated that, in the circumstances:

... the Commission has decided to adjourn the hearing of Application Nos. 199900923 and 199902250 (the WIC Applications) to the public hearing commencing 6 December 1999 in Hull, Quebec. If an executed copy of the Definitive Agreement is filed with the Commission by 1 November 1999, and if the Applications are filed with the Commission by 1 December 1999, then the Commission will further adjourn the WIC Applications so that both they, and the Applications, may be heard together at a public hearing to be scheduled in April 2000.

October 25, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 1999-10-4

Issue No. 3
Hull, Quebec
December 6, 1999, 9 a.m.

Further to its Notice of Public Hearing CRTC 1999-8-1 of today's date, the Commission announces the following:

The WIC Western International Communications Ltd. (WIC) applications, summarized below, are adjourned to the December 6, 1999 public hearing to be held in Hull, Quebec. The Commission notes that the intervention period for these applications is closed, with one exception regarding CanWest Global Communications Corp.'s (CanWest) intervention. In a decision letter dated October 15, 1999, the Commission has extended the date for the filing of the CanWest intervention to November 26, 1999.

The Commission notes that if certain documents (see below) are filed by, respectively, November 1, 1999, and December 1, 1999, the Commission will further adjourn the WIC applications so that both they, and subsequent applications relating to WIC, may be heard together at a public hearing to be scheduled in April 2000.

Related Document: Notice of Public Hearing CRTC 1999-8-1, October 25, 1999.

Summary of Applications

(a) WIC Western International Communications Ltd. (WIC)

For authority to effect a change in ownership. If authority is granted, Shaw Communications Inc. (Shaw) or an affiliate would be permitted to hold directly or indirectly 372 902.5 of WIC's class A voting shares. This would represent 49.96 percent of these shares.

(b) WIC

For authority to effect a change in ownership. If authority is granted, Shaw or an affiliate would be permitted to hold directly or indirectly 9 877 841 of WIC's class B non-voting shares. This would represent 52 percent of these shares.

The Commission will hear the applications as published, including the matters raised in Notice of Public Hearing 1999-8, reproduced below.

Background to the adjournment

On March 5, 1999, the Commission published Notice of Public Hearing 1999-2 for a hearing to be held on May 3, 1999, in Vancouver. At that time, the Commission was to hear the applications from WIC for authority to effect changes to its ownership.

On April 1, 1999, the Commission published Notice of Public Hearing 1999-2-3 to advise that the Commission had withdrawn the WIC applications from the May 3 hearing in light of ongoing negotiations between Shaw and CanWest with respect to WIC and its assets.

On September 9, in Notice of Public Hearing 1999-8, the Commission noted that WIC's applications raise important regulatory issues that require resolution in a timely fashion. Consequently, as the Commission had not had, for many months, any firm indication that an agreement had been reached between Shaw and CanWest, the Commission scheduled the applications for consideration at a public hearing on October 26, 1999, in Hull.

On October 12, 1999, CanWest, Shaw and Corus Entertainment Inc. (Corus) [collectively, the Parties] wrote to the Commission advising that they had resolved all of the significant commercial issues outstanding among them with respect to the WIC transactions. The Parties submitted that the October 26, 1999 public hearing should be suspended pending the filing of the Applications, which, they submitted, represent "the complete resolution to WIC's current ownership issues." The Parties' submissions are described in further detail in Notice of Public Hearing 1999-8-1, also issued today. WIC and Cathton Holdings Ltd. supported the Parties' request by separate letters dated October 12, 1999.

On October 15, 1999, the Commission issued a decision letter adjourning the WIC applications. The Commission stated that, in the circumstances:

...[t]he Commission has decided to adjourn the hearing of Application Nos. 199900923 and 199902250 (the WIC Applications) to the public hearing commencing December 6, 1999 in Hull, Quebec. If an executed copy of the Definitive Agreement is filed with the Commission by November 1, 1999, and if the Applications are filed with the Commission by December 1, 1999, then the Commission will further adjourn the WIC Applications so that both they, and the Applications, may be heard together at a public hearing to be scheduled in April 2000.

Matters raised in Notice of Public Hearing 1999-8

In March of 1998, the Griffiths family sold its interests in WIC to Shaw and Cathton Holdings Ltd. (Cathton). As a result of this transaction, each of Shaw and Cathton now holds just short of 50 percent of the class A voting shares. The Commission notes that the acquisition by Cathton does not require prior Commission approval as it previously owned more than 30 percent of the voting shares. However, Shaw's acquisition triggers the regulatory approval process. Furthermore, Shaw subsequently made a public offer to acquire all of the outstanding non-voting class B shares of WIC. The offer resulted in Shaw holding approximately 52 percent of these shares which also requires regulatory approval.

The Commission points out that pursuant to its regulations, prior approval is required both with respect to Shaw's purchase of the class A voting shares as well as Shaw's purchase of 50 percent or more of WIC's total equity. The Commission notes that the transactions leading to Shaw's acquisition of the class A voting shares were completed prior to obtaining approval from the Commission as required pursuant to its regulations. Further, Shaw did not seek Commission approval in advance of the transactions to put in place trust arrangements pending Commission approval.

On April 2, 1998, the Commission approved the trust arrangements that had been put in place with respect to the class A voting shares of WIC purchased by Shaw from Western Broadcasting Company Ltd. (WBC), which is owned by the Griffiths family. In its approval letter, the Commission stated that "a trust arrangement is necessary, at this point in time, in order to provide for an appropriate mechanism to enable the continued operation of WIC and its subsidiary companies independently from Shaw." The Commission also noted:

The transaction with respect to the WBC shares was completed prior to obtaining approval from the Commission and without seeking Commission advice on the appropriateness of meeting regulatory requirements in these circumstances by having recourse to a trust arrangement. Accordingly, the Commission expects that this concern be fully addressed by WIC and Shaw upon filing the necessary applications to obtain all regulatory approvals with respect to the WBC shares.

With respect to the class A voting shares of WIC purchased from Daphne Holdings Ltd., the Commission noted that Shaw undertook not to exercise voting rights in respect of these shares in a manner that would be contrary to the terms or intent of the trust agreement with respect to the WBC shares. The Commission's approval of the latter was made conditional upon Shaw fully respecting this undertaking. The Commission's approval of the trust arrangements (pursuant to several extensions) is valid until September 30, 1999 (the Commission notes that the trust arrangements have been further extended to December 31, 1999).

By letter dated June 5, 1998, the Commission approved inclusion of the class B non-voting shares in the trust.

The Commission notes that WIC and Shaw are both involved in many broadcasting sectors such as radio, television, pay and specialty services. Shaw also operates broadcasting distribution undertakings. The Commission intends to discuss, among other questions, the level of concentration and cross-ownership that would result from the transactions, and the impact that may occur on the broadcasting industry. In addition, the Commission may want to discuss at this time the necessity of unequivocal tangible benefits considering the size and nature of this transaction and the uncertainty surrounding the effective control of WIC. In addition, the Commission may wish to discuss specific proposals for unequivocal tangible benefits.

Further, the Commission may wish to discuss with interested parties whether it would be appropriate, in the circumstances, if authority were granted, for WIC to divest of part of its broadcasting holdings.

October 25, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-161-1

At the request of the applicant, the following item is withdrawn from the public notice:

Item 1

Canadian Broadcasting Corporation
Clarenville, Newfoundland

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

October 26, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-175

Western Canada and Territories Region

1. North Battleford and Beardys First Nation Reserve, Saskatchewan
Natotawin Broadcasting Inc.

To amend the broadcasting licence for CJLR-FM La Ronge, Saskatchewan. The licensee proposes to add a low power transmitter at North Battleford on the frequency 94.7 MHz (channel 234LP) with an effective radiated power of 49 watts as well as a low power transmitter at Beardys First Nation Reserve on the frequency 97.3 MHz (channel 247LP) with an effective radiated power of 27.2 watts.

2. Unity and North Battleford, Saskatchewan
Dace Broadcasting Corporation

To amend the broadcasting licence for CJYM Rosetown, Saskatchewan. The licensee proposes to add a transmitter at Unity operating on the frequency 98.9 MHz (channel 255 A) with an effective radiated power of 380 watts and at North Battleford on the frequency 99.9 MHz (channel 260 A) with an effective radiated power of 450 watts.

3. Vancouver, British Columbia
578223 British Columbia Ltd.

To amend the broadcasting licence for CKSR-FM Chilliwack, British Columbia. The licensee proposes to decrease the effective radiated power of its transmitter CFSR-FM Vancouver from 15 000 to 14 000 watts. The applicant states that this change reflects the as-built parameters of CFSR-FM and that there is no significant change in the coverage area approved for the station.

4. Houston, British Columbia
Cariboo Central Interior Radio Inc.

To amend the broadcasting licence for CFBV Smithers, British Columbia. The licensee proposes to add a transmitter at Houston operating on the frequency 106.5 MHz (channel 293 B) with an effective radiated power of 923 watts. The new FM transmitter would replace AM transmitter CHBV Houston and rebroadcast, in its entirety, the programming of CFBV Smithers.

Deadline for intervention: December 3, 1999

October 29, 1999

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NAFTA SECRETARIAT

COMPLETION OF PANEL REVIEW

Corrosion-resistant Carbon Steel Flat Products

Notice is hereby given, pursuant to subrule 78(b) of the NAFTA Article 1904 Panel Rules, that the binational panel review of the final determination made by the United States Department of Commerce, International Trade Administration, respecting certain corrosion-resistant carbon steel flat products from Canada is completed (Secretariat File No. USA-97-1904-03).

On September 13, 1999, the binational panel issued an order affirming the investigating authority's second determination on remand, respecting certain corrosion-resistant carbon steel flat products from Canada.

No Request for an Extraordinary Challenge Committee has been filed with the responsible Secretary. Therefore, pursuant to subrule 78(b) of the NAFTA Article 1904 Panel Rules, this Notice of Completion of Panel Review is effective on October 25, 1999, the 31st day following the date on which the responsible Secretary issued the Notice of Final Panel Action.

Explanatory Note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in anti-dumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to expeditiously review final determinations to determine whether they are in accordance with the anti-dumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the North American Free Trade Agreement which came into force on January 1, 1994, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994.

Requests for information concerning the present notice, or concerning the NAFTA Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, North American Free Trade Agreement, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, (613) 992-9388.

FRANÇOY RAYNAULD
Canadian Secretary

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NORTHWEST TERRITORIES WATER BOARD

NORTHWEST TERRITORIES WATERS ACT

Amendment to Public Hearing Date

Diavik Diamond Mines Inc. has made an application to the Northwest Territories Water Board for a licence for water use and waste disposal for mining and milling purposes at its Diavik Mine in the Lac de Gras area, Northwest Territories.

The Board originally scheduled a public hearing on this application, under subsection 21(1) of the Northwest Territories Waters Act, for November 29 and 30, 1999. The hearing has been re-scheduled and will now be held on December 13 and 14, 1999, in the Explorers Hotel at Yellowknife, Northwest Territories, commencing at 9:30 a.m.

Written briefs on behalf of or against this application must be submitted to the Office of the Board by 4 p.m., December 3, 1999. The address of the Board is c/o The Chairman, Northwest Territories Water Board, P.O. Box 1500, Yellowknife, Northwest Territories X1A 2R3, (867) 669-2772 (Telephone), (867) 669-2719 (Facsimile).

If no notice is received of persons indicating their intention to appear and make presentations concerning this application by 4 p.m., December 3, 1999, and the applicant consents in writing to the disposition of the matter without a public hearing, the Board may cancel the hearing in accordance with subsection 21(3) of the Act.

In the event that the environmental assessment of this project required by the Canadian Environmental Assessment Act has not been completed and a course of action has not been taken under paragraph 37(1)(a) of that Act by the hearing date, the Board may decide not to proceed with the scheduled hearing.

Information submitted by the applicant relevant to the application can be reviewed at the Office of the Board, Goga Cho Building, 2nd Floor, Yellowknife, Northwest Territories.

GORDON WRAY
Chairman

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NOTICE:
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