Vol. 141, No. 48 — December 1, 2007

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DECISION

Appeal No. AP-2006-004

Notice is hereby given that the Canadian International Trade Tribunal made a decision on November 21, 2007, with respect to an appeal filed by Groupe Cabico Inc. from decisions of the President of the Canada Border Services Agency dated January 30, 2006, with respect to a request for redetermination under subsection 60(4) of the Customs Act.

The appeal, heard on December 5, 2006, under subsection 67(1) of the Customs Act, was allowed.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, November 21, 2007

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Professional, administrative and management support services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2007-067) from CMI Interlangues Inc. (Interlangues), of Ottawa, Ontario, concerning a procurement (Solicitation No. 08B65-070273) by the Department of Foreign Affairs and International Trade (DFAIT). The solicitation is for language training services. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into the complaint. Interested parties were advised of the Tribunal's decision on November 20, 2007.

Interlangues alleges that DFAIT improperly awarded a contract to one bidder.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, November 21, 2007

HÉLÈNE NADEAU
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 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, 819-997-2429 (telephone), 994-0423 (TDD), 819-994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 426-6997 (TDD), 902-426-2721 (fax);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, 204-983-6306 (telephone), 983-8274 (TDD), 204-983-6317 (fax);

— 530–580 Hornby Street, Vancouver, British Columbia V6C 3B6, 604-666-2111 (telephone), 666-0778 (TDD), 604-666-8322 (fax);

— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone), 283-8316 (TDD), 514-283-3689 (fax);

— CRTC Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone), 416-954-6343 (fax);

— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, 306-780-3422 (telephone), 306-780-3319 (fax);

— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone), 780-495-3214 (fax).

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.

2007-399 November 22, 2007

Canadian Broadcasting Corporation
Ottawa and Brockville, Ontario

Approved — New transmitter in Brockville.

2007-400 November 23, 2007

1158556 Ontario Ltd.
Timmins, North Bay, Iroquois Falls, Kirkland Lake,
New Liskeard, Sault Ste. Marie, Elliot Lake, Wawa, Chapleau and Kapuskasing, Ontario; and Red Deer, Alberta

Renewed — Radio programming undertaking CHIM-FM Timmins and its transmitters, until December 31, 2007.

2007-401 November 23, 2007

Torstar Corporation
Oakville and Burlington, Ontario

Complaint — Allegation of undue preference by Cogeco Cable Inc.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2007-13-2

Further to its Broadcasting Notices of Public Hearing CRTC 2007-13 and 2007-13-1, dated October 4 and 19, 2007, relating to a public hearing which was to be held on December 3, 2007, at 9:30 a.m., the Commission announces that it has decided to postpone consideration of the radio applications to serve the Ottawa/Gatineau market which were scheduled to be heard at the December 3, 2007 public hearing, at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec. These applications are as follows:

1. Réél-Radio
Gatineau, Quebec

2. Radio de la communauté francophone d'Ottawa Ottawa, Ontario

3. Fiston Kalambay Mutombo, on behalf of a corporation to be incorporated Ottawa, Ontario

4. Instant Information Services Incorporated
Ottawa, Ontario

5. Instant Information Services Incorporated
Ottawa, Ontario

6. Corus Radio Company
Ottawa, Ontario; and Gatineau, Quebec

7. Christian Hit Radio Inc.
Ottawa, Ontario

8. Ottawa Media Inc.
Ottawa, Ontario; and Gatineau, Quebec

9. Astral Media Radio inc.
Ottawa, Ontario; and Gatineau, Quebec

10. Frank Torres, on behalf of a corporation to be incorporated
Ottawa, Ontario

11. Mark Steven Maheu, on behalf of a corporation to be incorporated
Ottawa, Ontario

In light of recent developments related to technical limitations associated with the use of proposed FM frequencies for the Ottawa/Gatineau market, the Commission has decided to postpone consideration of these items to a later date.

Applicants are asked to submit to the Commission, by no later than January 25, 2008, their comments (for example the submission of new technical information, including maps, statistics on population and marketing information, if applicable) on how these technical limitations will impact their business plan. The Commission would like to remind applicants that these comments should in no way translate into an attempt to change the other aspects, including format, of their proposed service.

Applicants are also asked to consider possible technical solutions which would minimize interference and would respect the Department of Industry's rules and procedures.

Please note that items 12, 13 and 16 will be heard at a public hearing to be held on Wednesday, December 5, 2007, at 9:30 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec.

Furthermore, the Commission intends to consider items 14 and 15 during the non-appearance phase of this public hearing.

November 23, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2007-16

The Commission will hold a public hearing commencing on January 15, 2008, at 9:30 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec, to inquire into the matter described below. The deadline for filing of submissions is December 13, 2007.

Background

On August 1, 2007, the Commission issued letter decisions setting out its determinations with respect to a complaint filed by the Canadian Association of Broadcasters (CAB) that certain broadcasting distribution undertakings (BDUs) had not been performing simultaneous substitution with respect to certain high definition (HD) signals. In its letter decisions, the Commission directed certain BDUs, including Shaw Cablesystems and Star Choice, to undertake simultaneous substitution with respect to all HD television stations, and in particular the CITY-TV station in Toronto and the CTV stations in Toronto and Vancouver, by the end of the calendar year. The Commission further directed Shaw Cablesystems and Star Choice to file detailed plans to implement HD substitution within that time frame.

On September 7, 2007, Shaw Communications Inc. (Shaw) filed a letter on behalf of Shaw Cablesystems and Star Choice in response to the Commission's direction of August 1, 2007. In its letter, Shaw described what it considered to be difficulties with regard to the implementation of HD substitution and reiterated its belief, first expressed in response to the CAB's complaint, that broadcasters should bear the costs of such implementation. Shaw did not provide a plan to implement HD substitution within the time frame set out in the Commission's direction, nor did it express an intention to comply with the Commission's instruction to implement HD substitution by the end of the year.

In a letter to the Commission dated October 11, 2007, the CAB submitted that, by failing to file a detailed implementation plan for HD substitution, as directed by the Commission, Shaw has clearly demonstrated that it has no intention of complying with its regulatory obligations respecting the simultaneous substitution of HD programming. The CAB urged the Commission to take immediate action to require Shaw Cablesystems and Star Choice to comply with the regulatory framework for the substitution of HD signals. The CAB added that the Canadian HD signals in question have been operational for several years and an increasing number of consumers are interested in these signals.

The CAB stated that the specific HD signals entitled to substitution pursuant to the Commission's determination are

• The CTV HD signal in Vancouver, as distributed by the Class 1 cable systems operated by Shaw Cablesystems in the Vancouver area; and
• The CTV and CITY-TV HD signals in Toronto and the CTV HD signal in Vancouver, as distributed by Star Choice.

Application of the Regulations and policies

In The regulatory framework for the distribution of digital television signals, Broadcasting Public Notice CRTC 2003-61, November 11, 2003 (Public Notice 2003-61), the Commission established a policy framework that would require BDUs, absent a condition of licence to the contrary, to carry the primary digital signals of those Canadian over-the-air television signals identified in sections 17, 32 and 37 of the Broadcasting Distribution Regulations (the Regulations). The Commission also stated that such digital signals would have the same substitution rights as their analog counterparts, provided that the signal to be substituted was the same or higher quality than the signal to be replaced. In support of these determinations, the Commission set out definitions of "local," "regional" and "extra-regional" expressed in terms relevant to digital signals.

While these determinations and the related definitions have yet to be enacted into the Regulations, the Commission notes that, under the definitions currently set out in the Regulations, a "local television station" includes "a licensed television station that, [...] (b) has, if there is no Grade A official contour, a transmitting antenna that is located within 15 km of the licensed area." The Commission finds that this definition would apply to digital transmitting antennas, provided that the condition set out is met, i.e., that the antenna in question is within 15 km of the licensed area.

Information on file with the Commission indicates that the CTV Vancouver transitional digital television station has a transmitter that is located within the licensed area of Shaw Cablesystems' North Vancouver system and within 15 km of the licensed area of Shaw Cablesystems' Vancouver system. Accordingly, pursuant to section 30 of the current Regulations, these two systems are required to perform simultaneous substitution with respect to programming broadcast by this station, in the circumstances set out in that section. Not to do so is a violation of the Regulations.

With respect to Star Choice, paragraph 42(1)(a) of the Regulations requires that a direct-to-home licensee "delete a non-Canadian programming service and substitute the comparable and simultaneously broadcast programming service of the Canadian television programming undertaking whose signal is distributed by the licensee," if it receives a written request from a licensed Canadian television programming undertaking at least four days before the program in question. Since each of the stations identified by the CAB is a "licensed Canadian television programming undertaking," the Regulations require Star Choice to perform simultaneous substitution with respect to these signals, when so requested in the circumstances described in paragraph 42(1)(a). Not to do so is a violation of the Regulations.

Consistent with the policies established in Public Notice 2003-61, Shaw Cablesystems and Star Choice are required to perform substitution of Canadian HD signals over non-Canadian signals when the Canadian signal is of equal or superior quality.

Direction to appear

In its determination of August 1, 2007, the Commission indicated that, in the absence of a specific implementation plan, the Commission would consider further enforcement of its direction that Shaw Cablesystems and Star Choice undertake HD substitution with respect to all HD stations, by the end of the current calendar year. In light of the failure of Shaw Cablesystems and Star Choice to provide a detailed implementation plan to implement HD substitution within the time frame specified in the Commission's determination of August 1, 2007, the Commission directs Shaw to appear at a public hearing to inquire into, hear and determine whether, pursuant to section 12 of the Broadcasting Act, a mandatory order should be issued requiring Shaw Cablesystems and Star Choice to implement HD substitution with respect to digital television stations meeting the criteria set out in the Regulations and, in particular, those television stations noted by the CAB in its letter of October 11, 2007.

November 23, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-131

The Commission has received the following applications. The deadline for submission of interventions and/or comments is December 28, 2007.

1. 1158556 Ontario Ltd.
Cochrane, Ontario

To amend the licence of the English-language commercial specialty radio programming undertaking CHIM-FM Timmins, Ontario.

2. Peachland Communications Society
Peachland, British Columbia

To renew the licence of the radiocommunication distribution undertaking (RDU) serving Peachland, British Columbia, expiring February 29, 2008.

November 19, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-132

Renaming of WTBS Atlanta as WPCH-TV Atlanta on the lists of eligible satellite services

Turner Network Sales Inc. has informed the Commission that the call sign of Turner Broadcasting System Inc.'s Atlanta television station WTBS has been changed to WPCH-TV Atlanta. The Commission is amending its lists of eligible satellite services to reflect the change of name. The revised lists are available on the Commission's Web site at www.crtc.gc.ca under "Industries at a Glance."

November 19, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-132-1

Erratum — Renaming of WTBS Atlanta as WPCH-TV Atlanta on the lists of eligible satellite services

The Commission hereby corrects Broadcasting Public Notice 2007-132, which was published on November 19, 2007. The reference to Public Notice 1987-261 in paragraph 5 was incorrect.

November 23, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-133

Call for applications for a broadcasting licence to carry on a radio programming undertaking to serve Drumheller, Alberta

The Commission announces that it has received an application for a broadcasting licence to provide a commercial radio service to serve Drumheller, Alberta.

The Commission hereby calls for applications from other parties wishing to obtain a broadcasting 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 January 31, 2008. 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 any 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 achieve 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 contribute to Canadian Content development, with initiatives that will support, promote, train and develop Canadian musical and spoken word talent, including journalists.

4. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates.

5. Evidence as to the availability of financial resources consistent with the requirements established in the financial projections of the applicant's business plan. For the convenience of applicants, the Commission has available upon request a document entitled Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing.

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

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, and SOR/2007-73, dated April 19, 2007.

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 interventions to the CRTC.

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

Applications filed in response to this call must be forwarded in electronic form using epass.

For instructions on how to file applications using epass, consult the CRTC Web site at www.crtc.gc.ca/eng/file.htm.

Applicants who are unable to file their applications using epass should contact Robert Cousineau, Acting Manager, Broadcasting Process and External Liaison, for information on alternate filing options. You may reach Mr. Cousineau by telephone at 819-997-4681 or by email at robert.cousineau@crtc.gc.ca.

November 22, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-134

Reconsideration of Broadcasting Decision CRTC 2007-246

In the public notice, the Commission announces that it will reconsider Broadcasting Decision CRTC 2007-246, as required under Order P.C. 2007-1604, October 18, 2007. The deadline for submission of comments is December 17, 2007, and the deadline for the licensee's reply is December 27, 2007.

November 23, 2007

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Carlson Young, Trust Audit Examiner (PM-02), Trust Audit Examination, Tax Services Office, Canada Revenue Agency, St. John's, Newfoundland and Labrador, to allow him to be a candidate for the position of Councillor in the Town of Spaniard's Bay, Newfoundland and Labrador, municipal election to be held on November 27, 2007.

November 19, 2007

MARIA BARRADOS
President

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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).