Vol. 133, No. 47 — November 20, 1999
DETERMINATION
Professional, Administrative and Management Support Services
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-99-021) on October 15, 1999, with respect to a complaint filed by BMCI Consulting Inc., (the complainant), of Ottawa, Ontario, 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. DND 99/0159 of the Department of National Defence (DND). The solicitation is for the provision of professional logistician services.
The complainant alleged that DND had improperly evaluated a submission from another bidder as being compliant.
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, November 9, 1999
MICHEL P. GRANGER
Secretary
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DETERMINATION
Transportation Equipment and Spares
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-99-017) on October 13, 1999, with respect to a complaint filed by Liftow Limited (the complainant), of Ottawa, Ontario, 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. 31184-9-4225/A of the Department of Public Works and Government Services (the Department) for the National Research Council of Canada. The solicitation was for the supply of a forklift truck.
The complainant alleged that the Department had improperly interpreted a requirement of the solicitation as being non-mandatory.
Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade and the North American Free Trade Agreement, 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, November 9, 1999
MICHEL P. GRANGER
Secretary
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EXPIRY OF ORDER
Whole Potatoes
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that its order made on September 14, 1995, in Review No. RR-94-007, concerning whole potatoes, excluding seed potatoes and excluding imports during the period from May 1 to July 31, inclusive, of each calendar year, imported from the United States of America, for use or consumption in the province of British Columbia, is scheduled to expire (Expiry No. LE-99-007) on September 13, 2000. Under the Special Import Measures Act, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding unless a review has been initiated. A review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.
Review No. RR-94-007 continued, with an amendment to exclude imports during the period from May 1 to July 31, inclusive, of each calendar year, its order made on September 14, 1990, in Review No. RR-89-010. The latter review continued without amendment: (1) the finding of the Anti-dumping Tribunal made on June 4, 1984, in Inquiry No. ADT-4-84, concerning whole potatoes with netted or russeted skin, excluding seed potatoes, in non-size A, also commonly known as strippers, originating in or exported from the state of Washington, United States of America, for use or consumption in the province of British Columbia; and (2) the finding of the Canadian Import Tribunal made on April 18, 1986, in Inquiry No. CIT-16-85, concerning whole potatoes, originating in or exported from the United States of America, for use or consumption in the province of British Columbia, excluding seed potatoes, and excluding whole potatoes with netted or russeted skin in non-size A, originating in or exported from the state of Washington.
Persons or governments requesting or opposing the initiation of a review of the said order, pursuant to subsection 76(2) of the Special Import Measures Act, should file ten copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than December 10, 1999. Persons or governments should endeavour to base their submissions exclusively on public information; however, confidential information relevant to the issues before the Tribunal may be filed if necessary, along with a comprehensive public summary or edited version thereof.
Submissions should address all relevant factors, including:
— the likelihood of the continuation or the resumption of dumped imports if the order were allowed to expire, with supporting information, including information relating to exporters in the United States of America with regard to their activities in the British Columbia market, their domestic market and other markets;
— the likely volumes and price ranges of dumped imports if they were to continue or to resume;
— the British Columbia industry's performance since the order, including trends in its production, sales, market share and profits;
— the likelihood of material injury to the British Columbia industry if the order were allowed to expire, having regard to the anticipated effects of a resumption of dumped imports on the industry's future performance;
— other developments affecting, or likely to affect, the performance of the British Columbia industry; and
— any other change in market conditions, domestically or internationally, including changes in the supply and demand for whole potatoes, as well as changes in trends and sources of imports into British Columbia.
Where there are opposing views, each person or government who filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other persons or governments. In these circumstances, the Tribunal will distribute copies of the public submissions to each person or government who filed a submission with the Tribunal. Those persons or governments will have one week to respond in writing to the submissions. If confidential submissions have been filed, the Secretary will notify persons or governments on how they may access these submissions through qualified counsel.
The Tribunal will decide whether or not a review is warranted based on the submissions and representations received and the responses to them.
The purpose of a review is to determine whether an order or finding should be continued, with or without amendment, or rescinded. If the Tribunal decides that a review is not warranted, an order, with reasons, will be issued. An order or finding will expire unless a review is initiated before its expiry date.
If the Tribunal decides to initiate a review, it will issue a notice of review with all relevant information regarding the proceeding. The Tribunal will publish the notice in the Canada Gazette and send it to all persons or governments known to the Tribunal as having an interest in the review, who will then have an opportunity to participate in the review.
Written submissions, correspondence or requests for information regarding this notice should be addressed to: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).
Written or oral communications to the Tribunal may be made in English or in French.
Ottawa, November 12, 1999
MICHEL P. GRANGER
Secretary
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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
DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
99-458-1 November 12, 1999
Okanagan Skeena Group Limited
British Columbia and Alberta
The Commission hereby corrects Decision CRTC 99-458 dated October 7, 1999, by replacing Appendix I with the appendix attached to the integral version of this decision. The changes are indicated in the corrected appendix by an asterisk (*).
99-486 November 12, 1999
Image Wireless Communications Inc.
Duff, Elstow and Spiritwood Acres, Saskatchewan
Approved — Addition of transmitters at Duff, Elstow and Spiritwood Acres.
99-487 November 12, 1999
Sky Cable Inc.
Melita and Selkirk, Manitoba
Approved — Addition of transmitters at Melita and Selkirk.
99-488 November 12, 1999
Image Wireless Communications Inc.
Aberdeen, Allan Hills, etc., Saskatchewan
Approved — Amendment to the licences for the radiocommunication distribution undertakings serving Aberdeen, Allan Hills, Gronlid, Marquis, Prince Albert and Regina, by relocating transmitters and by changing the effective isotropic radiated power as mentioned in the decision.
99-489 November 12, 1999
Ultra Tek Cable Limited
Ingonish, Nova Scotia
Approved — Addition and deletion of services and addition of transmitters.
99-490 November 12, 1999
Canadian Broadcasting Corporation
Middleton, Nova Scotia
Renewed — Broadcasting licence for the radiocommunication distribution undertaking CBH-FM-1 Middleton, from April 1, 2000 to August 31, 2000.
99-491 November 12, 1999
Germain Blanchet, "Service-Air Télévision enr."
Chute-Saint-Philippe, Quebec
L'Association des Citoyens de Chute St-Philippe Inc.
Chute-Saint-Philippe, Quebec
Revocation of the licences for the radiocommunication distribution undertakings serving Chute-Saint-Philippe.
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PUBLIC HEARING 1999-9-2
Further to its Notice of Public Hearing CRTC 1999-9 dated September 10, 1999, relating to its public hearing to be held on November 16, 1999, at the Delta Bessborough, 601 Spadina Crescent E, Saskatoon, Saskatchewan, the Commission announces that following receipt of an intervention from a party which expressed interest in filing an FM radio application for the use of the 106.9 MHz frequency as well as an intervention submitted by a licensee which has filed an application that is technically mutually exclusive with the one submitted by the Radio Malaspina Society, the Commission has decided that it would be in the public interest to withdraw the following item from the public hearing and reschedule it for a later date:
Issue No. 1 — Item 12
Nanaimo, British Columbia
Radio Malaspina Society
For a broadcasting licence to carry on an English-language FM campus/community radio programming undertaking at Nanaimo. The new station would operate on frequency 106.9 MHz (channel 295A) with an effective radiated power of 880 watts.
The Commission notes that its Campus Radio Policy is currently under review, and that a proposed revised policy was released in February 1999. The applicant has indicated that it complies with the revised policy as proposed. In the event that the final Campus Radio Policy differs from the proposed policy, the applicant may be asked to address how it complies with the new policy.
November 8, 1999
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PUBLIC HEARING 1999-11
The Commission will hold a public hearing commencing on January 10, 2000, at 9 a.m. (Issue No. 1), at the Commission Headquarters, 1 Promenade du Portage, Hull, Quebec, to consider the following:
Transitional Digital Radio Undertakings
The Commission announced its policy on transitional digital radio undertakings in Public Notice CRTC 1995-184 dated October 29, 1995.
1. Laval and Montréal, Quebec
The Commission has received applications for licences to carry on Transitional Digital Radio Undertakings associated with existing AM and FM stations. The broadcasters listed below propose to establish digital radio broadcasting (DRB) facilities at two sites, one at Montréal (Place Ville-Marie) and the other at Laval, by using the EUREKA-147 DRB system in the frequency band 1 452 MHz-1 492 MHz (L-Band), by using a single frequency network, to simulcast their current programming services and provide as many as 14 hours per week of new programming.
The purpose of the broadcasts is to introduce the public to this new radio service, as well as to refine coverage and market issues related to this new technology. The Transitional Digital Radio Undertakings would be subject, by condition of licence, to Parts 1 and 1.1 of the Radio Regulations, 1986.
(A) Application by Cogeco Radio Télévision inc.:
Associated FM station — CFGL-FM
Proposed DRB (frequency) — 1 454.56 MHz
Effective Isotropic Radiated Power (Montréal) 1 400
Effective Isotropic Radiated Power (Laval) 1 594
(B) Applications by Standard Radio Inc.:
Associated AM and FM stations — CJAD/CJFM-FM
Proposed DRB (frequency) — 1 454.56 MHz
Effective Isotropic Radiated Power (Montréal) 1 400
Effective Isotropic Radiated Power (Laval) 1 594
Deadline for intervention: December 16, 1999
November 5, 1999
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PUBLIC NOTICE 1999-175-1
Further to its Public Notice CRTC 1999-175 dated October 29, 1999, the Commission announces that, at the request of the applicant, the following item is withdrawn from the public notice:
Item 2
Unity and North Battleford, Saskatchewan
Dace Broadcasting Corporation
To amend the broadcasting licence for CJYM Rosetown, Saskatchewan.
November 8, 1999
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PUBLIC NOTICE 1999-179
Pacific Place Cable Ltd.
Part of Vancouver, British Columbia
The Commission announces that it has approved, by Letter of Authority A99-0143 dated October 29, 1999, a change to the ownership and control of Pacific Place Cable Ltd. (PPC) through the transfer of all of its issued and outstanding shares to Novus Telecom Group Inc. (Novus). PPC is licensee of a cable distribution undertaking serving part of Vancouver. As a result of the transaction, PPC will be controlled by Novus' board of directors.
November 5, 1999
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PUBLIC NOTICE 1999-180
Télécâble Groleau inc.
Sainte-Thècle, Quebec
The Commission announces that it has approved, by Letter of Authority A99-0135 dated October 19, 1999, a change in the ownership of Télécâble Groleau inc., licensee of the cable distribution undertaking serving Sainte-Thècle, through a transfer of shares to Mrs. Édith Trudel. Mr. Aurel Groleau remains the principal shareholder, holding a 51 percent voting interest.
November 5, 1999
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PUBLIC NOTICE 1999-181
Copper Island Broadcasting Ltd.
Salmon Arm, Revelstoke and Golden, British Columbia
The Commission announces that it has approved, by Letter of Authority A99-0137 dated October 19, 1999, a change to the ownership and control of Copper Island Broadcasting Ltd. (Copper Island) through the transfer of all of its issued and outstanding shares to Okanagan Skeena Group Limited. Copper Island is licensee of radio programming undertakings serving Salmon Arm, Revelstoke and Golden.
November 5, 1999
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PUBLIC NOTICE 1999-182
Regional Cablesystems Inc.
Newfoundland
The Commission announces that it has approved, by Letter of Authority A99-0139 dated October 20, 1999, the transfer of control of A.J. Gale Limited (Gale), licensee of a number of cable distribution undertakings in Newfoundland, through the transfer of 21 percent of its issued and outstanding shares to Regional Cablesystems Inc. (Regional) and the nomination, to Gale's Board of Directors, of Regional representation that effectively reflects a 50 percent voting interest.
November 5, 1999
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PUBLIC NOTICE 1999-183
Décibel inc.
Sainte-Justine, Quebec
The Commission announces that it has approved, by Letter of Authority A99-0140 dated October 20, 1999, a change in the control of Langevin Télécâble inc., licensee of the cable distribution undertaking serving the municipality of Sainte-Justine and its surrounding areas, through the acquisition of all of the shares of Langevin Télécâble inc. by Décibel inc.
November 5, 1999
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PUBLIC NOTICE 1999-184
Guidelines for Open-line Programming on CFST Winnipeg (formerly CIFX)
Summary
The Commission is approving guidelines for open line programming and other initiatives proposed by the licensee to ensure that all programming broadcast on CFST meets the requirements of the Radio Regulations, 1986 that prohibit the broadcast of abusive comment and the Broadcasting Act's requirement that programming be of high standard.
The licensee is also required to file a report to the Commission within 30 days of this notice on matters relating to reporting complaints and implementing briefing sessions for on-air personnel on CFST's obligations with respect to open-line programming.
Concerns about open-line programming on CFST arose as a result of complaints that the Commission received between October 28 and November 28, 1998, and in April 1999.
November 8, 1999
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PUBLIC NOTICE 1999-185
1. Across Canada
Star Choice Television Network Inc.
To amend the broadcasting licence to carry on a national direct-to-home (DTH) satellite distribution undertaking to:
1. Temporarily suspend the requirements contained in conditions of licence 4(b)(ii) and 5(b) until the earlier of August 31, 2000, and the date upon which the DTH satellite distribution undertaking obtains 500 000 subscribers.
2. Authorize the applicant to make available to subscribers a second set of United States "4+1" networks from either the Eastern or Pacific time zones, depending on the subscriber. The applicant indicates that this second set, like the first set, will be carried in a discretionary package.
Condition of licence 4(b)(ii) requires that:
Where the licensee receives, at least seven days before the date on which the programming service is broadcast, a written request for substitution or deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall delete a programming service that is identical to that of the Canadian television programming undertaking and that is receivable by subscribers located within the grade B contour of the Canadian television programming undertaking.
Condition of licence 5(b) requires that:
Where the licensee receives, at least seven days before the date on which the programming service is broadcast, a written request for deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall delete a programming service that is identical to that of the Canadian television programming undertaking and that is receivable by subscribers located within the grade B contour of the Canadian television programming undertaking.
The Commission notes that this application has been filed pursuant to an agreement reached between Star Choice and the Canadian Association of Broadcasters (CAB) respecting alternative measures to simultaneous and non-simultaneous program deletion, as contemplated by the Commission in Public Notice CRTC 1995-217, and compensation to the CAB for subscribers to the proposed set of "4+1" United States signals. This agreement forms part of this application.
Deadline for intervention: November 30, 1999
November 10, 1999
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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).