Vol. 137, No. 40 — October 4, 2003

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2003-007

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, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, 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.

Customs Act

Appellant v. Respondent (Commissioner of the Canada Customs and Revenue Agency)

November 2003

Date	Appeal Number	Appellant
12	AP-2002-116 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Black & Decker Canada Inc. Battery packs for power tools February 6, 1998, to January 11, 2001 8508.90.10 8507.30.90
14	AP-2002-115 and AP-2003-029 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Newtech Beverage Systems Ltd. Airpots and thermal gravity pots January 2, 1998, to January 6, 1999 8419.90.00 9617.00.00
17	AP-2002-117 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Puratos Canada Inc. Fidelio LW90, Othello PR200, Panarome LW and Traviata PR80 (products used in the making of bread) February 9, 1998, to January 31, 2001 1901.90.20 2106.90.99
24	AP-2003-013 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant:	Franklin Mint Inc. Various religious articles January 24, 1998, to October 13, 2000 9986.00.00

September 26, 2003

By Order of the Tribunal
MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

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-2003-030) on September 24, 2003, with respect to a complaint filed by Lemmex Group Inc. (the complainant), of Ottawa, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. CCAB-3-0039) by the Department of Public Works and Government Services (PWGSC) on behalf of Consulting and Audit Canada. The solicitation was for the development and delivery of training courses on contract administration.

The complainant alleged that PWGSC had incorrectly evaluated its proposal as non-compliant with a mandatory requirement.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, 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, September 25, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDERS

Corrosion-Resistant Steel Sheet Products

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA), that its orders made on July 28, 1999, in Review No. RR-98-007, continuing, with amendment, its findings made on July 29, 1994, in Inquiry No. NQ-93-007, concerning certain corrosion-resistant steel sheet products originating in or exported from Brazil, the Federal Republic of Germany, Japan, the Republic of Korea and the United States of America, are scheduled to expire (Expiry No. LE-2003-005) on July 27, 2004. Under SIMA, 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 an expiry review has been initiated before that date. An expiry review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.

Persons or governments requesting or opposing the initiation of an expiry review of the said orders should file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than October 17, 2003. 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 continued or resumed dumping of the goods;

— the likely volume and price ranges of dumped imports if dumping were to continue or resume;

— the domestic industry's recent performance, including trends in production, sales, market share and profits;

— the likelihood of injury to the domestic industry if the orders were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped imports on the industry's future performance;

— any other developments affecting, or likely to affect, the performance of the domestic industry;

— changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada; and

— any other matter that is relevant.

Where there are opposing views, each person or government that 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 that filed a submission with the Tribunal. Persons or governments wishing to respond to the submissions must do so not later than October 27, 2003. If confidential submissions have been filed, the Secretary will notify persons or governments and instruct them on how they may access these submissions through qualified counsel.

The Tribunal will issue a decision on November 13, 2003, on whether an expiry review is warranted based on the submissions and representations received and the responses to them.

— If there is no request for a review, the Tribunal will not initiate a review and the orders will expire on their expiry date.

— If the Tribunal decides that a review is not warranted, the orders will expire on their expiry date. The Tribunal will issue its reasons not later than 15 days after its decision.

— If the Tribunal decides to initiate a review, it will issue a notice of expiry review.

The Tribunal's Draft Guideline on Expiry Reviews can be found on its Web site at www.citt-tcce.gc.ca. In addition to providing more detailed information on the proceeding whereby the Tribunal determines if an expiry review is warranted, the draft guideline explains how an expiry review is conducted if the Tribunal determines that one is warranted. In an expiry review, the Commissioner of the Canada Customs and Revenue Agency (the Commissioner) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the Commissioner determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an inquiry to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation. The Tribunal's notice of expiry review will provide more information on the expiry review process.

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, September 24, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF FINDING

Flat Hot-rolled Carbon and Alloy Steel Sheet Products

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review (Expiry Review No. RR-2003-002) of its finding made on July 2, 1999, in Inquiry No. NQ-98-004, concerning flat hot-rolled carbon and alloy steel sheet and strip, including secondary or non-prime material, originating in or exported from France, Romania, the Russian Federation and the Slovak Republic, in various widths from 3/4 in. (19 mm) and wider, and (a) for product in coil form, in thicknesses from 0.054 in. to 0.625 in. (1.37 mm to 15.88 mm) inclusive, (b) for product that is cut-to-length, in thicknesses from 0.054 in. up to but not including 0.187 in. (1.37 mm up to but not including 4.75 mm), excluding stainless steel sheet and strip and excluding flat hot-rolled, cut-to-length alloy steel products containing no less than 11.5 percent manganese, in thicknesses from 3 mm to 4.75 mm.

Also excluded is hot-rolled steel sheet in coil, mill-edge/slit-edge, with hardenable manganese-boron steel for heat treatment, manufactured to the "Solbor 30MnB5" specification, or equivalent, and imported into Canada under classification Nos. 7226.91.90.90 and 7225.30.90.00, for use in the manufacture of agricultural disks and sweeps. The chemical requirements of the "Solbor 30MnB5" specification include the following elements: 0.27-0.33% carbon; 1.15-1.45% manganese; max. 0.015% phosphorus; max. 0.005% sulphur; 0.200-0.300% silicon; min. 0.020% aluminum; 0.0010-0.0040% boron; various proprietary combinations of titanium, chromium, nitrogen, copper and nickel, with copper and nickel not to exceed 0.15%. The "Solbor 30MnB5" specification must also be treated to produce a minimum of 80% globular sulphide inclusions and calcium must be the primary element used for inclusion shape control, with a typical range of 0.002-0.005%. If cerium is used for sulphide inclusion shape control, the cerium/sulphur ratio must be 3.0 minimum. Use of zirconium for sulphide inclusion shape control is not permissible.

Notice of Expiry No. LE-2003-003, issued on August 5, 2003, informed interested persons and governments of the impending expiry of the finding. On the basis of available information, including representations requesting or opposing the initiation of an expiry review and responses to these representations received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the finding is warranted. The Tribunal has notified the Commissioner of the Canada Customs and Revenue Agency (the Commissioner), as well as other interested persons and governments, of its decision.

The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal's Web site at www.citt-tcce.gc.ca. In this expiry review, the Commissioner must determine whether the expiry of the finding in respect of certain flat hot-rolled carbon and alloy steel sheet products is likely to result in the continuation or resumption of dumping of the goods.

If the Commissioner determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the Commissioner will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping is likely to result in material injury or retardation.

If the Commissioner determines that the expiry of the finding in respect of any goods is unlikely to result in the continuation or resumption of dumping, the Tribunal will not consider those goods in its subsequent determination of the likelihood of material injury or retardation and will issue an order rescinding the finding with respect to those goods.

The Commissioner must provide notice of his determination within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than January 22, 2004. The Commissioner will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the Commissioner's investigation.

Letters have been sent to parties with a known interest in the expiry review, providing them with the schedule respecting both the Commissioner's investigation and the Tribunal's inquiry, should the Commissioner determine that the expiry of the finding in respect of any goods is likely to result in a continuation or resumption of dumping.

Commissioner's Investigation

The Commissioner will conduct his investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Anti-dumping and Countervailing Directorate's publication entitled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the Commissioner by interested persons concerning this investigation is deemed to be public information, unless clearly designated as confidential. Where the submission is confidential, a non-confidential edited version or summary of the submission must also be provided, which will be disclosed to interested parties upon request.

With respect to the Commissioner's investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the Canada Customs and Revenue Agency (CCRA) exhibits will be available to parties to the proceeding, the date on which the administrative record will be closed and the dates for the filing of submissions by parties in the proceeding. The Tribunal has sent expiry review questionnaires to foreign producers and exporters, importers, and domestic producers.

Tribunal's Inquiry

Should the Commissioner determine that the expiry of the finding in respect of any goods is likely to result in a continuation or resumption of dumping, the Tribunal will conduct its inquiry, pursuant to the provisions of SIMA and its Draft Guideline on Expiry Reviews, to determine if there is a likelihood of material injury or retardation. The schedule for the Tribunal's inquiry specifies, among other things, the date for the filing of replies by the domestic producers to Part E of the expiry review questionnaire, the date for the filing of replies to the Tribunal's market characteristics questionnaires, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation and the dates for the filing of submissions by interested parties. Parties wishing to request exclusions are encouraged to submit their requests to the Tribunal by March 24, 2004.

Under section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why the information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or non-confidential summary of the information designated as confidential or a statement indicating why such an edited version or summary cannot be made.

Public Hearing

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal Hearing Room, Standard Life Centre, 18th floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on April 19, 2004, at 9:30 a.m., to hear evidence and representations by interested parties.

Each interested person or government wishing to participate at the hearing as a party must file a notice of participation with the Secretary on or before February 6, 2004. Each counsel who intends to represent a party at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before February 6, 2004.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using English or French or both languages at the hearing.

The Canadian International Trade Tribunal Rules govern these proceedings.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

Communication

Written submissions, correspondence or requests for information regarding the Commissioner's investigation should be addressed to: Mr. Robert Veilleux, Anti-dumping and Countervailing Directorate, Canada Customs and Revenue Agency, Sir Richard Scott Building, 19th Floor, 191 Laurier Avenue W, Ottawa, Ontario K1A 0L5, (613) 954-1666 (Telephone), (613) 941-2612 (Facsimile).

A copy of the Commissioner's investigation schedule and the expiry review investigation guidelines are available on the CCRA's Web site at www.ccra-adrc.gc.ca/customs/business/sima/publications-eng.html.

Written submissions, correspondence or requests for information regarding the Tribunal's inquiry 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 and/or oral communications to the CCRA and the Tribunal may be made in English or in French.

Ottawa, September 24, 2003

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, Room G-5, 1 Promenade du Portage, 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);

— 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, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (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);

— C.R.T.C. Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (780) 495-3224 (Telephone), (780) 495-3214 (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 text of the decisions summarized below is available from the offices of the CRTC.

2003-471 September 23, 2003

Radio Ville-Marie
Montréal and Victoriaville, Quebec

Approved — New transmitter in Victoriaville for the radio programming undertaking CIRA-FM Montréal.

2003-472 September 23, 2003

Learning and Skills Television of Alberta Limited
Across Canada

Approved — New English-language Category 2 specialty television service to be known as The Crime Channel, expiring August 31, 2010.

2003-473 September 23, 2003

1490525 Ontario Inc.
Across Canada

Approved — New English-language Category 2 specialty television service to be known as Silver Screen Classics, expiring August 31, 2010.

2003-474 September 23, 2003

Jonathan E. Bogo, on behalf of a corporation to be incorporated, to be known as FW Entertainment Inc.
Across Canada

Approved — New English-language Category 2 specialty television service to be known as FW TV, expiring August 31, 2010.

2003-475 September 26, 2003

Showcase Television Inc.
Across Canada

Approved — Change the commitment not to air any first-run broadcasts of programs produced by a shareholder.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-47-1

Further to its Broadcasting Public Notice CRTC 2003-47 dated September 16, 2003, the Commission announces that, at the request of the applicant, the following item is withdrawn from the public notice:

CTV Television Inc.
Across Canada

To revise certain elements of the benefits package associated with the transfer of effective control of CTV Inc. to BCE Inc., as approved in Decision CRTC 2000-747, dated December 7, 2000. The various initiatives proposed by BCE Inc. and accepted by the Commission as tangible benefits represented incremental expenditures totalling $230 million over seven years.

September 25, 2003

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-51

Call for Applications for Broadcasting Licences to Carry on Radio Programming Undertakings to Serve Fredericton, New Brunswick

It should be noted that Broadcasting Public Notices CRTC 2003-30 and 2003-30-1 announced a call for applications for a broadcasting licence to carry on a low power radio programming undertaking to serve Fredericton, New Brunswick. The deadline for receipt of applications in response to this call was August 27, 2003.

The Commission announces that subsequent to the release of Broadcasting Public Notices CRTC 2003-30 and 2003-30-1, it has received an application for a broadcasting licence to provide a regular protected class commercial radio service to serve Fredericton.

The Commission hereby calls for applications from other parties wishing to obtain a radio licence (or licences) to serve this area.

Persons interested in responding to this call must submit a formal application to the Commission no later than November 21, 2003. Applicants are also required to submit all necessary technical documentation to the Department of Industry by the same date.

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the licensing of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.

Applicants will be required to provide evidence giving clear indication that there is a demand and a market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The factors relevant to the evaluation of applications, as outlined in Decision CRTC 1999-480 dated October 28, 1999.

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.

The Commission notes that, in accordance with the Guidelines respecting the confidential treatment of annual returns (Circular 429), an aggregate financial summary for the Fredericton market cannot be made available due to the limited number of incumbents serving that market.

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 the Direction to the CRTC (Ineligibility of Non-Canadians), SOR/97-192, dated April 8, 1997, as amended by SOR/98-378, dated July 15, 1998, and the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), SOR/85-627, dated June 27, 1985, as amended by SOR/97-231, dated April 22, 1997.

The Commission will announce at a later date the public process for considering applications and where they may be examined by the public. As part of that process, the public will be given the opportunity to comment on any application by submitting written intervention(s) to the Canadian Radio-television and Telecommunications Commission.

A notice of each application will also be published in newspapers of general circulation within the area to be served.

September 22, 2003

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-52

The Commission has received the following applications:

1. Ear Falls TV Committee
Ear Falls, Ontario

To renew the licence of the television programming undertaking CIER-TV Ear Falls expiring November 30, 2003.

2. The Haliburton Broadcasting Group Inc.
Kapuskasing, Ontario

To amend the broadcasting licence of the radio programming undertaking CHYK-FM Timmins.

3. Durham Radio Inc.
Oshawa, Ontario

To amend the licence of radio station CKDO Oshawa.

4. Rogers Broadcasting Limited
Toronto, Ontario

To amend the licence of television programming undertaking CJMT-TV Toronto known as OMNI.2.

Deadline for intervention: October 29, 2003

September 24, 2003

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-53

The Commission has received the following application:

Rogers Cable Inc. and Rogers Ottawa Limited
Ottawa, Ontario, and Moncton, New Brunswick

To amend the licences of their cable distribution undertakings serving Ottawa and Moncton.

Deadline for intervention : October 31, 2003

September 26, 2003

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-54

Support for Canadian Television Drama — Call for Comments

The Commission seeks comment on actions it might take to support the production and broadcast of more high quality, original, English-language Canadian drama and to attract larger audiences to such programming. The Commission also seeks comment on actions it might take to ensure that high quality, original French-language Canadian drama remains a key component of prime time viewing.

Background

The importance of television drama

1. Television is the most popular source of information and entertainment for Canadians. According to Nielsen Media Research data set out in Appendix 1, the average Canadian spends over 26 hours per week watching television. Of this, viewing to drama and comedy far exceeds viewing to other program genres such as news and information, sports and variety. BBM Bureau of Measurement (BBM) data for Fall 2002 indicates that viewing to comedy and drama represented 39.5 percent of all television viewing during the period of the survey.

2. It is through television drama that most Canadians participate in their national culture and share in the evolution of social values and stories of human passion. However, since the advent of television over 50 years ago, the national culture and evolving values that Canadians have been exposed to on English-language television have been predominantly those of the United States. Viewing to foreign television drama, virtually all from the U.S., outstrips viewing to English-language Canadian drama by a factor of 9 to 1. In 2002, 89 percent of all viewing to drama on English-language television, which includes conventional as well as specialty and pay services, was to foreign programming (see BBM data set out in Appendix 4).

3. Canadian drama should be a cornerstone of the Canadian broadcasting system. Drama can, and should, reflect Canadians of every background and culture to each other.

4. There are many examples of how our television drama has celebrated the Canadian experience or, in the words of the Broadcasting Act (the Act), has enriched and strengthened the fabric of Canada. English-speaking Canadians of a certain age grew up with "The Beachcombers," "King of Kensington" and "The National Dream." In more recent decades "Anne of Green Gables," "Due South" and "Traders" have brought large audiences to Canadian drama on a regular basis. French-speaking viewers have had a particularly rich heritage of dramatic programming including "Les Plouffe," "Cré Basile," "Les filles de Caleb," "La p'tite vie," "Lance et compte," "Un gars, une fille," "Fortier," and "Virginie." French-language public and private television has provided viewers with a consistent volume of original drama — more than a thousand series and mini-series — since the beginning of television in Canada. Viewers have responded to this offering positively.

5. Despite occasional hits, English-language drama has never had the consistent success enjoyed by French-language drama. Until the mid 1980s, virtually all prime time drama was produced and broadcast by the CBC. The advent of the Telefilm Broadcast Fund and specific CRTC licence requirements encouraged private broadcasters to license greater quantities of prime time Canadian drama.

6. It is rare for English-language Canadian drama series to achieve audiences of over one million. A drama that reached 1.5 million viewers would be considered a major hit. Since 1997, viewing to Canadian drama, as a percentage of all viewing to drama on English-language television, has remained between 10 percent and 11 percent. Audiences to prime time drama series on French-language television regularly exceed one million, and hit programs often attract two to three million viewers. These are figures that English-language producers and broadcasters have rarely achieved, despite their access to a much larger audience (see Appendix 4).

7. In a report commissioned jointly by the CRTC and Telefilm Canada, Trina McQueen wrote, "It is hard to reconcile the reality of our viewing with the objectives of the Broadcasting Act, which through all its many versions, has insisted that programming respond to the tastes and interests of Canadians. Drama is the most appealing form of television for most Canadians. If they are not watching Canadian drama, it is hard to see how the Act is being upheld." (see footnote 1) 

8. The Commission considers that a healthy and successful Canadian broadcasting system must include popular drama programs that reflect Canadian society and project Canada's stories onto the world stage.

The role of regulation

9. The primary role of the CRTC with respect to Canadian programming is to ensure that licensees offer to Canadian audiences programming that is consistent with the "Broadcasting Policy for Canada" set out in section 3 of the Act. The Commission does this by creating regulations that apply to all licensees of a particular class and by imposing conditions of licence on individual licensees. These regulations and conditions can have the effect of stimulating demand on the part of broadcasters for certain categories of Canadian programming.

10. Part of the regulator's role is to define the key terms that form the basis of the regulatory framework. The term "Canadian program" is defined in the Television Broadcasting Regulations, 1987 using a points system that identifies certain key creative functions performed by Canadians. (see footnote 2)  This point system is set out in Certification for Canadian Programs — A Revised Approach, Public Notice CRTC 2000-42, March 17, 2000 (Public Notice 2000-42). Drama, including comedy, is defined according to the definition set out below, which is taken from Definitions for New Types of Priority Programs; Revisions to Definitions of Television Content Categories; Definitions of Canadian Dramatic Programs that Will Qualify for Time Credits Towards Priority Programming Requirements, Public Notice CRTC 1999-205, December 23, 1999.

Category 7 Drama and Comedy

Entertainment productions of a fictional nature, including dramatisations of real events. They must be comprised primarily of (i.e. more than 50 percent) dramatic performances. Category 7 includes the following subcategories:

(a) On-going dramatic series;

(b) On-going comedy series (sitcoms);

(c) Specials, mini-series, and made-for-TV feature films;

(d) Theatrical feature films aired on television;

(e) Animated television programs and films (excludes computer graphic productions without story lines);

(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; and

(g) Other drama, including, but not limited to, readings, narratives, improvisations, tapes/films of live theatre not developed specifically for television, experimental shorts, video clips, continuous action animation (e.g. puppet shows).

11. The Commission's regulatory approach to promoting Canadian drama has evolved over the years. Prior to 1979, there was no regulatory requirement for Canadian television licensees to broadcast Canadian drama. In that year, the Commission issued CTV Television Network Ltd., Decision CRTC 79-453, August 3, 1979, in which it renewed the licence for the CTV Television Network for three years and imposed a condition of licence requiring CTV to broadcast a minimum of 26 hours of original Canadian drama during the 1980-81 broadcast year, and 39 hours of original Canadian drama during the 1981-82 season. This decision was appealed to the Supreme Court of Canada which, in 1982, ruled in favour of the Commission's right to impose such a condition.

12. Throughout the 1980s and 1990s, in licence renewal decisions for the major private English-language licensees CTV and Global, the Commission imposed conditions of licence setting minimum requirements with respect to the number of hours of Canadian drama that must be broadcast, as well as minimum requirements with respect to expenditures on Canadian entertainment programming.

13. In 1993, following the Structural Public Hearing, the Commission announced plans for the creation of a new Canadian programming fund through contributions from certain cable licensees. The guidelines for the Cable Production Fund (CPF), which included an emphasis on the funding of Canadian drama programs, were set out in The Production Fund, Public Notice CRTC 1994-10, February 10, 1994. In its first year of operation, the CPF contributed over $34 million to independent productions. In 1996, the Minister of Canadian Heritage announced the creation of a new entity, the Canada Television and Cable Production Fund (CTCPF). This fund combined the existing CPF and the Telefilm Broadcast Fund with new funding from the Canadian government. The Commission endorsed the transfer of supervision of the CPF to the Department of Canadian Heritage in Transfer of Oversight of the Cable Production Fund (CPF), Public Notice CRTC 1996-159, December 20, 1996. The CTCPF evolved into the Canadian Television Fund (CTF) and the current contributions that licensed broadcast distribution undertakings are required to make under the Broadcasting Distribution Regulations amount to almost $100 million annually.

14. The following requirements for CTV relating to the number of hours of drama were set out in Television Network Licence Renewal, Decision CRTC 94-33, February 9, 1994 (Decision 94-33), which was the last licence renewal decision for CTV before the Commission issued its 1999 television policy:

5. The licensee shall broadcast in network sales time between 8 p.m. and 11 p.m. Monday through Friday, and between 7 p.m. and 11 p.m. Saturday and Sunday, the following average number of hours per week of regularly-scheduled Canadian drama programming in each year of the licence term: 3 hours per week in each of the first three years, and 3 hours 30 minutes per week in each of the last two years.

6. The licensee shall broadcast in network sales time between 8 p.m. and 11 p.m. Monday through Friday, and between 7 p.m. and 11 p.m. Saturday and Sunday, a minimum of 48 hours per year of Canadian dramatic features, mini-series and limited series, to be averaged over the licence term.

15. In Decision 94-33, the Commission expressed it expectation that CTV would adhere to its commitment that the proportion of original hours, as opposed to repeats, would remain above 70 percent.

16. The following requirements for Canwest Global's Ontario station CIII-TV were set out in Licence renewal for CIII-TV, Decision CRTC 96-72, December 29, 1996 (Decision 96-72):

6. The licensee shall broadcast, at a minimum, in each broadcast year, an average of 4 hours each week of Canadian drama between 8 p.m. and 11 p.m. Monday through Friday, and between 7 p.m. and 11 p.m. on Saturday and Sunday.

17. In Decision 96-72, the Commission noted Global's commitment that 50 percent of its Canadian drama hours would be original programs.

18. In June 1999, the Commission released its new television policy, Building on success: A policy framework for Canadian Television, Public Notice CRTC 1999-97, June 11, 1999 (the Television Policy). The Television Policy established the concept of priority programs, which include:

— Canadian drama programs (Category 7);

— Canadian music and dance, and variety programs (Categories 8a and 9);

— Canadian long-form documentary programs (Category 2b);

— Canadian regionally produced programs in all categories other than News and Information (Categories 1, 2a and 3) and Sports (Category 6); and

— Canadian entertainment magazine programs.

19. The Television Policy indicated that the largest multi-station ownership groups (CTV, TVA and Canwest Global) would be required to broadcast, over the broadcast year, on average at least 8 hours per week of priority Canadian programs during the 7 p.m.-11 p.m. viewing period.

20. The Television Policy also stated that the Commission would remove expenditure requirements with respect to Canadian programs on the following grounds:

The Canadian broadcasting system has become increasingly competitive. In such an environment, licensees need flexibility and diversity to attract the largest possible audiences and advertising revenues. The Commission believes that, in a competitive environment, licensees require high-quality programming to win audience loyalty.

The Commission is concerned that the existing expenditure requirements are complex and may not provide licensees with the flexibility they require to adapt their programming strategies to a highly competitive marketplace. In addition, concerns regarding the equitable application of expenditure requirements have begun to outweigh the benefits.

21. In addition, the Television Policy significantly changed the existing time credits for dramas that achieve 10 points under the system set out in Public Notice 2000-242 (10-point Canadian drama). Previously, a 150-percent credit was given to such programs against the licensee's overall Canadian content requirements. This meant that, for every hour of 10-point Canadian drama broadcast during peak viewing periods, the licensee could schedule an additional thirty minutes of foreign programming. Under the Television Policy, the 150-percent credit could be applied against the 8-hour priority programming requirement, but not against overall Canadian content requirements. A new credit of 125 percent for Canadian drama programs that achieved less than 10 points and were scheduled in peak viewing periods was also introduced and is applied against a licensee's priority programming requirements.

22. In justifying this new approach to time credits, the Commission stated:

The economics of the Canadian marketplace are such that it remains very expensive to create and exhibit Canadian drama and the Commission considers that incentives for broadcasters to acquire such programs are warranted.

The Commission recognizes that all distinctively Canadian drama programs in the subcategories 7(a) to 7(e) are costly to produce and acquire and are often more difficult to export. Therefore, the Commission has concluded that Canadian dramas that receive the full 10 Canadian key creative points will receive a 150-percent credit in recognition of these factors.

Canadian drama programs that receive less than 10 key creative points are also expensive. Producing these programs employs thousands of skilled Canadians and revenues from sales abroad are key to the profitability of independent producers. The Commission wishes to encourage the production, exhibition and export of all Canadian drama. It has therefore decided to provide a 125-percent credit for Canadian dramas in categories 7(a) to 7(e) that receive 6 to 9 points.

23. In 2001, the Commission issued Licence renewals for the television stations controlled by CTV, Decision CRTC 2001-457, August 2, 2001, and Licence renewals for the television stations controlled by Global, Decision CRTC 2001-458, August 2, 2001. In these decisions, the Commission renewed the television licences controlled by CTV and Canwest Global for a seven-year term. As contemplated by the Television Policy, conditions requiring 8 hours per week of priority programs were attached to these licences. There were no specific requirements for Canadian drama. In both decisions, the Commission made the following statements:

The Commission is satisfied that the priority programming proposed by CTV (and Global) consists of a reasonable balance of programming genres, with an emphasis on drama. In the Commission's view, it is premature to make any substantive alterations to the Television Policy, a policy that has only been in effect for a year. The Commission will be monitoring and evaluating all aspects of this policy over the next several years.

The Commission has decided, therefore, to re-impose (see footnote 3)  on the licence of each CTV (and Global) station, a condition of licence that requires the licensee to broadcast in each week, as a minimum in each broadcast year, an average of 8 hours of Canadian programs in the priority program categories between the hours 7 p.m. and 11 p.m. The Commission will continue to monitor CTV's (and Global's) performance with respect to the provision of priority programming, and expects that each station's schedule will reflect a reasonable distribution of priority programming both throughout the broadcast week and the broadcast year.

Evaluating the success of the Commission's Canadian drama policies

24. It is possible to evaluate the success of the Commission's drama policies by examining three key criteria: hours of Canadian drama broadcast, expenditures on Canadian drama and viewing to Canadian drama.

Hours of Canadian drama

25. Licensees are required to submit logs to the Commission identifying all the programs that they broadcast. Based on these logs, the Commission can calculate the number of hours of Canadian drama offered by licensees. Appendix 2 sets out the information filed by the major English-language and French-language licensees with respect to the broadcast of Canadian drama in peak viewing hours (7 p.m.-11 p.m.). In the four years since 1998/99, the amount of drama broadcast by the English-language services CBC (CBLT-TV), CTV (CFTO-TV) and Global (CIII-TV) has declined by approximately 68 hours annually. During the same period, the Canadian drama broadcast by the French-language services SRC (CBFT-TV) and TVA (CFTM-TV) declined by approximately 51 hours per year.

Expenditures on Canadian drama

26. Although the Commission removed expenditure requirements from most broadcasters as part of its 1999 Television Policy, it continues to monitor licensees' spending on all types of programming. Based on the annual returns filed by licensees, Appendix 3 sets out the spending on Canadian drama for the period 1997 through 2002. This information shows that, while spending fluctuates year by year, English-language licensees have increased their spending on Canadian drama by 43 percent since 1997. French-language broadcasters' spending on Canadian drama has increased by 20 percent over the same period.

Viewing to Canadian drama

27. The Commission has been tracking viewing to Canadian drama programs, as a percentage of all viewing to drama on English-language stations, since the early 1980s. The information is based upon the BBM Fall sweep weeks. English-language stations include all Canadian and U.S. conventional, specialty and pay television services, with the exception of ethnic services (Appendix 4).

28. Based on this data, in 1983, viewing to Canadian drama on English-language television constituted 4 percent of all drama viewing. A full 96 percent of viewing was to drama that was created by Americans for the U.S. market. Between the mid-1980s and 1997, the percentage of viewing to Canadian drama on English-language television more than doubled to 10 percent of all viewing. Regulatory requirements may have had an influence on this trend, but so did the creation of the Telefilm Broadcast Fund, the Canadian Television Fund and other public and private support mechanisms for the production of drama programs.

29. While viewing to Canadian drama has remained almost static since 1997, at between 10 and 11 percent of all viewing on English-language stations, it should be noted that during this period viewing was increasingly fragmented as a result of the availability of additional Canadian and foreign television services.

The definition of drama

30. As noted in paragraph 10 above, the Commission's definition of drama includes a number of genres of fiction programming such as features, comedy series, stand-up comedy, improvisations and scripted animation. The data collected by the Commission with respect to viewing, expenditures and hours broadcast includes all the genres set out in the definition. Further, all genres of drama qualify as priority programs and most could qualify for the time credits described in paragraph 21 above. The Commission will consider proposals for changes to the current definition of drama (Category 7) where such changes could further the objectives of this proceeding.

Specialty services

31. Original Canadian series drama gains its largest audiences on the major over-the-air services. In recent years, however, specialty services have increasingly played a role, not only by serving as second and subsequent windows for Canadian drama, but also by commissioning original dramatic works. Nielsen data for 2001/2002 indicate that, collectively, Canadian pay and specialty services now attract a greater share of English-language viewing than the private conventional stations. Of the Canadian specialty services licensed, all but a few are permitted to carry drama programs. The Commission is prepared to consider proposals that may encourage specialty services to play a greater role in the creation and presentation of Canadian drama.

Regulation of drama in other jurisdictions

32. European Union countries are subject to the "Television Without Frontiers" Directive, (see footnote 4)  which specifies that:

Member states shall ensure where practicable and by appropriate means that broadcasters reserve for European works ... a majority proportion of their transmission time, excluding the time appointed to news, sports events, games, advertising, teletext services and teleshopping.

33. Effectively, this provision means that European-produced dramatic programs, along with music, variety and documentary genres, occupy the majority of broadcast time.

34. As noted by Barry Kiefl in his report prepared for the CRTC, "While there is a considerable amount of foreign, mostly U.S., drama on European and Australian TV screens, there is also a very substantial and growing domestic component, especially in prime time viewing hours. ... In Europe more than 50 percent of drama in prime time is domestic, except in Italy where the production industry has been slower to develop." (see footnote 5) 

35. Australia has a regulatory mechanism designed specifically to support indigenous drama. The Australian approach, which is under review by the Australian government at this time, is based on a minimum quota for dramatic programs. The quota is not based solely upon hours or expenditures but rather on a minimum number of points that each broadcaster must achieve. The score for each drama program is calculated using a measuring system that multiplies a 'format factor' by the program's duration in minutes. The format factors reflect relative production values and the costs and risks associated with different types of drama. More information on the Australian system can be found at the Web site of the Australian Broadcasting Authority. (see footnote 6) 

36. The Commission notes that other jurisdictions, such as Australia and the European Union, define a domestic television program using different criteria than those used in Canada. These differences in definitions make it difficult to compare the performance of domestic drama from one jurisdiction to another.

The French-Canadian experience

37. In a report prepared for the CRTC and Telefilm Canada, (see footnote 7)  Guy Fournier identified the following as the key reasons for the success of Canadian French-language drama:

— Television rapidly became the preferred and usually the only means of expression for Quebec artists and crafts persons.

— Viewers recognize themselves in French-language dramas and identify with them.

— A successful star system has been built up step by step over the last fifty years. All media and media personalities see the benefit in promoting Quebec television drama.

— French-language series have long runs. Thirty of the longest running series have been on air for an average of six seasons.

38. The following questions and concerns arise with respect to the future of French-language drama:

— Viewing trends show that specialty services are progressively increasing their viewing shares with potential negative impacts on advertising for the conventional networks. Consequently, will the networks be able to continue producing drama programs of the same quality and quantity, and should specialty services play a greater role in French-language drama?

— The changing demographics of Quebec are not fully reflected in today's drama programs. Reflecting the new face of Quebec is a challenge that must be met.

— "Reality" television has had an enormous impact on Quebec television. Could this new genre become a threat to scripted French-language drama, or provide a new way to reflect a changing society?

— The decline in ratings for public television could compromise the future quality of drama on French-language television in Canada.

39. Commission seeks comments on the above questions and concerns or on other issues related to the future of French-language Canadian drama.

Regulatory incentives

40. In the past, the Commission has made limited use of regulatory incentives with respect to Canadian drama. The 150-percent time credit for 10-point drama had been in effect since 1984, when, as noted above, it was changed significantly in the 1999 Television Policy.

41. By their very nature, regulatory incentives provide licensees with relief from certain obligations in exchange for actions that may not otherwise be taken and are deemed to be in the public interest. As explained above, time credits for Canadian drama have, in the past, allowed licensees to reduce their overall Canadian content and, currently, permit them to reduce their requirements for priority programming.

42. In her report, Dramatic Choices, Trina McQueen proposes a number of very specific incentives which, in her opinion, would provide positive reasons for major English-language broadcasters to schedule and promote drama in the best possible way. Some of the proposed incentives would allow licensees who broadcast 10-point Canadian drama not only to reduce their Canadian content but also to increase the amount of advertising permitted. Others would reward "hit" drama programs with additional time credits that would be applied against their overall Canadian content obligations.

43. In order to better evaluate Ms. McQueen's proposals, the Commission asked Nordicity Group Ltd. (Nordicity) to develop a model by which the financial impact of certain of the incentives proposed could be assessed. (see footnote 8)  In preparing its report, Nordicity had access to information collected by the CRTC, some of which is considered confidential.

44. The Commission will very shortly make the Nordicity report public, but without including specific financial information. Interested parties will be able to access the report on the CRTC Web site and on the public file of this proceeding. The Commission seeks comments on the Nordicity model, as well as Ms. McQueen's proposals. In particular, the Commission expects that major English-language broadcasters will provide information to show how these models, or an alternative, could apply to their undertakings.

The financing of Canadian drama

45. The Commission recognizes that the funds available to produce new Canadian drama programs are finite and come from a variety of private and public sources. Further, the financing model for any given drama project is complex and varies with the particular genre, broadcaster and production company. While the Commission has little direct impact on either the public or private dollars available for drama production, it is important that it understand as clearly as possible the financial impact of any regulatory requirements for Canadian drama on its licensees. Accordingly, the Commission seeks, from interested parties, information that will allow it to better understand what can reasonably be expected from Canadian broadcasters, given their own resources and the resources made available in the rest of the system.

Audience measurement

46. Some of the incentives that have been proposed would reward licensees for achieving specific targets with respect to audiences to Canadian drama. In order for such incentives to work, the Commission will have to use audience measurement technologies and data that were agreed to be appropriate to the task, fair to all licensees and available in a timely and cost effective manner.

47. The Commission is interested in receiving specific suggestions regarding the fairest and most effective audience measurement tools that it might use to determine the success of individual drama programs, taking into account the variations in potential audience reach among conventional and specialty licensees.

Call for comments

48. In light of the background set out above, as well as recent studies and reports on Canadian drama, the Commission seeks comment on actions it might take to support the production and broadcast of more high-quality, original, English-language Canadian drama and to attract larger audiences to such programming. With respect to French-language drama, the Commission seeks comment on actions it might take to ensure that high-quality, original Canadian drama remains a key component of prime time viewing. The information, analysis and proposals set out in the reports commissioned by the CRTC will be available on the Commission's Web site.

49. Specifically, the Commission seeks comment on the following questions:

1. What are the most important elements necessary to ensure an appropriate quantity of original Canadian drama on English-language television, and to attract larger audiences to such programming?

2. How effective are regulatory requirements, or regulatory incentives, in achieving the objectives of increasing the amount of original, English-language drama programming and attracting larger audiences to that programming?

3. If regulatory requirements, or incentives, can be effective tools in fulfilling the Commission's objectives, what specific proposals should the Commission adopt? Such proposals should be as detailed as possible, and the reasons for their effectiveness set out.

4. While it is generally considered that the most pressing problems concern English-language drama, there are concerns that French-language drama may not remain as healthy in the future. How can the Commission help to ensure the continued production of popular, original, French-language drama? What specific requirements, or incentives, designed to support English-language drama may affect French-language drama? Should the Commission develop separate and distinct regulatory regimes, or incentive programs, for the two language markets?

50. The Commission will accept comments that it receives on or before November 14, 2003.

51. Following the Commission's review of these comments, it may call for further submissions if it considers that additional information is necessary. The Commission will then determine if changes to its current regulations or policies are appropriate. If so, the Commission will publish the proposed changes and provide an opportunity for comment.

52. The Commission will not formally acknowledge comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set in the notice have been followed.

September 26, 2003

[40-1-o]

NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

New York Power Authority

Notice is hereby given that, by an application dated September 3, 2003, the New York Power Authority ("the Applicant") has applied to the National Energy Board ("the Board") under Division II of Part VI of the National Energy Board Act ("the Act") for authorization to export electricity to the New York Independent System Operator, Inc. of the United States in accordance with the applicable rules and regulations of the Independent Electricity Market Operator (IMO) of Ontario.

The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The Directions on Procedure that follow explain in detail the procedure that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at 123 Main Street, White Plains, New York 10601, (914) 681-6852, and provide a copy of the application to any person who requests a copy. A copy of the application is also available for viewing during normal business hours in the Board's library, 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary of the Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile), and served on the Applicant by November 3, 2003.

3. Pursuant to section 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, the Board is interested in the views of submitters with respect to:

(a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

(b) the impact of the exportation on the environment; and

(c) whether the Applicant has:

(i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
(ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.

4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this Notice of Application and Directions on Procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by November 18, 2003.

5. Any reply that submitters wish to present in response to item 4 of this Notice of Application and Directions on Procedure shall be filed with the Secretary of the Board and served on the Applicant by November 28, 2003.

6. For further information on the procedures governing the Board's examination, contact Michel L. Mantha, Secretary, (403) 299-2714 (Telephone), (403) 292-5503 (Facsimile).

MICHEL L. MANTHA
Secretary

[40-1-o]

Footnote 1 

Dramatic Choices — A report on Canadian English-language drama. Prepared by Trina McQueen for the CRTC and Telefilm Canada. May 2003.

Footnote 2 

For more information on how the Commission defines a Canadian television program, see www.crtc.gc.ca/eng/cancon/t_program.htm.

Footnote 3 

Following the publication of the Television Policy, a number of licences for CTV and Global stations were amended to impose the obligation to broadcast priority programming.

Footnote 4 

For a description of the directive see http://europa.eu.int/comm/avpolicy/regul/twf/newtfwf-e.htm.

Footnote 5 

International TV Programming and Audience Trends 1996 — 2001. A report prepared for the CRTC by Barry Kiefl Canadian Media Research Inc. May 2003.

Footnote 6 

www.aba.gov.au/tv/content

Footnote 7 

What About Tomorrow? — A report on Canadian French-language drama. Prepared by Guy Fournier for the CRTC and Telefilm Canada. May 2003.

Footnote 8 

Evaluation of the 'Dramatic Choices' Report: Economic Considerations of Certain Audience-based Incentives. Nordicity Group Ltd. September 2003.

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