Vol. 142, No. 15 — April 12, 2008

COMMISSIONS

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.

2008-71 March 31, 2008

Christian Channel Inc.
Fraser Valley, British Columbia; and Winnipeg, Manitoba

Approved — Acquisition of the assets of the television programming undertakings CHNU-TV Fraser Valley and CIIT-TV Winnipeg from Rogers Broadcasting Limited.

2008-72 March 31, 2008

Rogers Broadcasting Limited
Vancouver and Victoria, British Columbia

Approved — Acquisition of the assets of the ethnic television programming undertaking CHNM-TV Vancouver, the digital television undertaking CHNM-DT Vancouver and their related transmitters in Victoria from Multivan Broadcast Limited Partnership.

2008-73 March 31, 2008

MZ Media Inc.
Across Canada

Approved — Acquisition of the assets of the English-language radio programming undertaking CHWO Toronto from Primetime Radio Inc. and issuance of a broadcasting licence to continue the operation of the undertaking.

2006-641-1 April 1, 2008

591991 B.C. Ltd.
Sherbrooke, Quebec

The Commission corrects paragraph 3 of CHLT Sherbrooke — Conversion to FM band, Broadcasting Decision CRTC 2006-641, November 24, 2006.

2008-74 April 1, 2008

Northern Native Broadcasting (Terrace, B.C.)
Terrace and Smithers, British Columbia

Approved — Amendment to the broadcasting licence for the radio programming undertaking CFNR-FM Terrace in order to operate a transmitter in Smithers.

2008-75 April 3, 2008

HDTV Networks Incorporated
Across Canada

Denied — Broadcasting licence to operate a high-definition over-the-air digital television service.

2008-76 April 3, 2008

YES TV Incorporated
Toronto, Ontario

Denied — Broadcasting licence to operate a high-definition over-the-air digital television service.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2008-1-1

Notice of consultation and hearing

May 13, 2008
Gatineau, Quebec
Amendments to preamble and items 2, 9, 11, 25 and 26

Further to its Broadcasting Notice of Public Hearing CRTC 2008-1 dated March 14, 2008, the Commission announces the following:

The changes are in bold.

Preamble

These items, including item 12, will be treated as competitive radio applications for the Ottawa/Gatineau market.

Item 2

Ottawa, Ontario
Application No. 2007-1217-6

Application by Radio de la communauté francophone d’Ottawa for a licence to operate a French-language FM Type B community radio programming undertaking in Ottawa.

Applicant’s address:

290 Dupuis Street
Room 201
Ottawa, Ontario
K1L 1A2
Fax: 819-777-7108
Email: rcfo@cscvanier.com

Item 9

Ottawa, Ontario; and Gatineau, Quebec
Application No. 2007-1204-3

Application by Astral Media Radio Inc. for a licence to operate an English-language FM commercial radio programming undertaking in Ottawa and Gatineau.

Examination of application:

15 Taschereau Street
Gatineau, Quebec
and
1504 Merivale Road
Ottawa, Ontario

Item 11

Ottawa, Ontario
Application No. 2007-1206-9

Application by Mark Steven Maheu, on behalf of a corporation to be incorporated, for a licence to operate an English-language FM commercial radio programming undertaking in Ottawa.

The new station would operate on frequency 99.7 MHz (channel 259B1) with an average effective radiated power of 3 700 W (maximum effective radiated power of 8 000 W/antenna height of 99.6 m).

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Item 25

Québec, Quebec
Application No. 2007-1774-6

Application by La Radio touristique de Québec inc. to amend the licence of the French-language tourist information radio programming undertaking CKJF-FM Québec.

The licensee notes that this application is non severable from application number 2007-1775-4 to amend the licence of the English-language tourist information radio programming undertaking CJNG-FM Québec.

Items 25 and 26

Québec, Quebec
Application Nos. 2007-1774-6 and 2007-1775-4

Application by La Radio touristique de Québec inc. to amend the licence of the French-language tourist information radio programming undertaking CKJF-FM Québec.

Application by La Radio touristique de Québec inc. to amend the licence of the English-language tourist information radio programming undertaking CJNG-FM Québec.

The Commission notes that some technical documents were inadvertently omitted on the public files. These documents are now available.

April 1, 2008

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2008-1-2

Notice of consultation and hearing

May 13, 2008
Gatineau, Quebec
Addition of an applicationDeadline for submission of interventions and/or comments for this application only: April 21, 2008

Further to its Broadcasting Notices of Public Hearing CRTC 2008-1 dated March 14, 2008, and CRTC 2008-1-1 dated April 1, 2008, the Commission will also consider the following application:

41. 3553230 Canada Inc.
Saint-Constant, Quebec

To renew the licence of the commercial radio programming undertaking CJMS Saint-Constant, expiring August 31, 2008.

April 2, 2008

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2008-2-1

Notice of consultation and hearing

May 27, 2008
Edmonton, Alberta
Correction to Item 4

Further to its Broadcasting Notice of Public Hearing CRTC 2008-2 dated March 28, 2008, the Commission announces the following:

The changes are in bold.

Item 4

Red Deer, Alberta
Application No. 2008-0099-7

Application by Vista Radio Ltd. for a licence to operate an English-language FM commercial radio programming undertaking in Red Deer.

The new station would operate on frequency 90.5 MHz (channel 213C1) with an average effective radiated power of 13 500 W (maximum effective radiated power of 20 000 W/antenna height of 177 m).

April 2, 2008

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2008-3

Notice of consultation and hearing

June 3, 2008
Winnipeg, Manitoba
Competing radio applications and other broadcasting applications
Deadline for submission of interventions and/or comments: May 8, 2008

The Commission will hold a public hearing commencing on June 3, 2008, at 9:30 a.m., at the Fort Garry Hotel, 222 Broadway Avenue, Winnipeg, Manitoba, to consider the following applications:

Preamble

On November 7, 2007, the Commission issued Broadcasting Public Notice CRTC 2007-123, calling for applications for a broadcasting licence to carry on a radio programming undertaking to serve Winnipeg, Manitoba.

Items 1 to 4

In response to this call, the Commission received four applications for licences to serve this market.

These applications are technically mutually exclusive for the use of two frequencies:

Items 1 and 2 are technically mutually exclusive proposing the use of the frequency 106.3 MHz.

Items 3 and 4 are technically mutually exclusive proposing the use of the frequency 104.7 MHz.

These applications will be considered as competitive radio applications for Winnipeg.

Item 5

This involves a radio renewal application that has been found to be operating in apparent non-compliance with the Radio Regulations, 1986 and with certain conditions of licence.

Items 6 to 10

The Commission intends to consider, subject to interventions, items 6 to 10 during the non-appearance phase of the public hearing.

1. Newcap Inc.
Winnipeg, Manitoba

For a licence to operate an English-language commercial FM radio programming undertaking in Winnipeg.

2. YO Radio Management Inc.
Winnipeg, Manitoba

For a licence to operate an English-language FM commercial radio programming undertaking in Winnipeg.

3. Evanov Communications Inc., on behalf of a corporation to be incorporated
Winnipeg, Manitoba

For a licence to operate an English-language FM commercial radio programming undertaking in Winnipeg.

4. Native Communication Inc.
Winnipeg, Manitoba

For a licence to operate an English- and Aboriginal-languages native Type B FM radio programming undertaking in Winnipeg.

5. Arctic Radio (1982) Limited
Flin Flon, Manitoba

To renew the broadcasting licence of the commercial radio programming undertaking CFAR Flin Flon, expiring August 31, 2008.

6. Ag-Com Productions Ltd.
Across Canada

For a licence to operate a national niche English-language Category 2 specialty programming undertaking to be known as The Rural Channel.

7. Serdy inc., on behalf of a corporation to be incorporated
Across Canada

For a licence to operate a national French-language Category 2 specialty television programming undertaking to be known as Cuisine.

8. Club Social la Grande
Camp Rupert, Quebec

For a broadcasting licence to operate a radiocommunication distribution undertaking to serve Camp Rupert, located 60 km east of Nemiscau in Northwestern Quebec.

9. My Broadcasting Corporation
Exeter, Ontario

For a licence to operate an English-language FM commercial radio programming undertaking in Exeter.

10. Chase and District Community Radio Society
Chase, British Columbia

For a licence to operate an English-language FM Type B low-power community radio programming undertaking in Chase.

April 3, 2008

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2008-4

Notice of consultation and hearing

June 4, 2008
Winnipeg, Manitoba
Harmony Broadcasting Corporation called to a public hearing
Deadline for submission of interventions and/or comments: May 8, 2008

The Commission will hold a public hearing on June 4, 2008, at the Fort Garry Hotel, 222 Broadway Avenue, Winnipeg, Manitoba, commencing immediately following the hearing of the applications referenced in Broadcasting Notice of Public Hearing CRTC 2008-3.

Please note that the information pertaining to the matters referred to below is only available in the public examination file at the addresses listed in this notice. However, submissions received from interested parties will be posted on the Commission’s Web site.

History

On September 29, 2006, the Commission called Harmony Broadcasting Corporation (Harmony), licensee of the instructional campus radio programming undertaking CJWV-FM Winnipeg, to a hearing (Broadcasting Notice of Public Hearing CRTC 2006-8) to discuss its apparent failure to comply with certain conditions of licence noted in Broadcasting Decision CRTC 2004-340, as well as its apparent failure to comply with sections 2.2(8), 8 and 9 of the Radio Regulations, 1986 (the Regulations). The Commission also noted the licensee’s failure to comply with a number of elements of the Campus Radio Policy (Public Notice CRTC 2000-12) as well as noting a number of complaints regarding the licensee.

In Broadcasting Decision CRTC 2007-37, the Commission issued mandatory orders directing the licensee to comply at all times with the requirements set out in sections 2.2(8), 8 and 9 of the Regulations, regarding the broadcast of Canadian music, the submission of logger tapes and other information and to comply with the conditions of CJWV-FM’s licence concerning the broadcast of news, music drawn from Category 3, and formal educational programming. The Commission also required the licensee to file reports related to future compliance and to file other documentation on an annual basis.

In Broadcasting Decision CRTC 2007-37, the Commission further indicated that it might consider additional measures, including suspension, non-renewal or revocation of the licence, if the licensee again breached the Regulations or any conditions of CJWV-FM’s licence.

It should be noted that the Commission is also aware that the station has ceased its broadcasting operations since October 15, 2007.

Issues

The Commission is gravely concerned that Harmony has again failed to comply with very basic and fundamental requirements of the Regulations and the consequent uncertainty concerning its adherence to Broadcasting Mandatory Orders CRTC 2007-2 through 2007-6 and its conditions of licence.

The Commission is therefore concerned with the following issues, and will want to discuss these matters in order to determine the appropriate measures.

A. Regulatory compliance

On two separate occasions, Harmony was asked to provide logger tapes and other pertinent documents for the week of September 23 to 29, 2007, as well as for the week of October 7 to 13, 2007. Although other documents were received for the week of September 23 to 29, 2007, the logger tapes provided were inaccurate, as they concerned the week of July 23 to 29, 2006, rather than the week requested. Furthermore, all information and logger tapes requested for the week of October 7 to 13, 2007, have not yet been received despite Commission staff follow-up. These deficiencies represent a breach of Broadcasting Mandatory Order CRTC 2007-1, given the licensee’s failure to provide the logger tapes and other pertinent documents for the weeks of September 23 to 29, 2007, and October 7 to 13, 2007. Moreover, the Commission also notes a breach of Broadcasting Mandatory Order CRTC 2007-2, given the lack of information filed for the week of October 7 to 13, 2007. In addition, the Commission notes the licensee’s failure to submit annual returns since 2004, which also constitutes a breach of Mandatory Order 2007-2 and of the Regulations.

These deficiencies prevent the Commission from verifying whether Harmony has brought itself into compliance with the remainder of the Mandatory Orders outlined in Broadcasting Decision CRTC 2007-37, the Regulations and all of its conditions of licence. This lack of information also does not permit the Commission to fully investigate whether the licensee’s operations have been consistent with the Campus Radio Policy.

B. Ownership

The Commission notes that, as of May 18, 2007, the entity known as Harmony Broadcasting Corporation was dissolved, to be revived on January 18, 2008. The former board of directors has since resigned, replaced by an entirely new board of directors, pursuant to the terms contained in a letter of offer between 5560731 Manitoba Inc. and Mr. Franc Capozzolo, dated January 10, 2008. Also contained in this letter of offer was a stipulation that Mr. Franc Capozzolo resign as Sole Member of Harmony and that the new board of directors grant a favourable vote to Mr. David Asper to become the new Sole Member. The Commission is concerned that this turn of events might have resulted in a change in the governance of this not-for-profit undertaking which could be considered as an apparent change of control. The Commission notes that prior approval for this apparent change of control may be required pursuant to subsection 11(4) of the Regulations. The licensee has indicated in a letter dated March 18, 2008, that if there is a requirement for a prior authority, then the approval can be processed on an expedited basis.

Other matters

It also appears evident that, since the issuance of mandatory orders in January 2007, Harmony has failed to comply with elements of the Campus Radio Policy, more specifically in regard to its association with a post-secondary institution.

Process

The Commission intends to inquire into, hear and render determinations with respect to the above-noted matters. Therefore, pursuant to sections 12 and 24 of the Broadcasting Act (the Act), the Commission calls Harmony Broadcasting Corporation to this public hearing to be held in Winnipeg to show cause

• why a mandatory order under section 12 of the Act requiring the licensee to conform to the Radio Regulations, 1986 and to its conditions of licence should not be issued; and
• why the Commission should not suspend or revoke the licensee’s licence pursuant to sections 9 and 24 of the Act.

As part of the above public hearing, the Commission also intends to inquire into, hear and render determinations with respect to the ownership issue addressed above and accordingly calls Harmony Broadcasting Corporation to show cause why prior Commission approval for the apparent change in control is not required. In the event that prior approval is required, Harmony is also called to show cause why the Commission should grant its approval to the change in control and why further measures such as suspension or revocation of the licensee’s license are not warranted.

Important

The Commission notes that additional documents may be added to the public file subsequent to the issuance of this Notice of Public Hearing. Interested parties are accordingly advised to consult the public file for this item on an ongoing basis.

April 3, 2008

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2008-24-1

Notice of consultation

Applications received
Various locations
Amendment to item 1
Amendment to item 3 in the French version only

Further to its Broadcasting Public Notice CRTC 2008-24 dated March 20, 2008, the Commission announces that the following item is amended and the change is in bold:

Item 1

Across Canada

Application No. 2007-1410-7

Application by TELUS Communications Inc. and 1219823 Alberta ULC in partnership with TELUS Communications Inc. in TELE-MOBILE Company, partners in a general partnership carrying on business as TELUS Communications Company (TELUS) to amend existing conditions of licence and to add new conditions of licence to its national Video on Demand (VOD) programming service, as set out in Appendix 5 to Broadcasting Decision CRTC 2007-33.

Item 3

Regional broadcasting distribution undertakings in

Calgary, Edmonton (including St. Albert, Sherwood Park, Spruce Grove and Stony Plain), Fort McMurray, Grande Prairie, Lethbridge, Medicine Hat and Red Deer, Alberta; and

Kamloops, Kelowna, Nanaimo, Penticton, Prince George, Terrace, Vancouver (including Lower Mainland and Fraser Valley), Vernon and Victoria, British Columbia

Application Nos. 2007-1411-4 and 2007-1412-2

Applications by TELUS Communications Inc. and 1219823 Alberta ULC in partnership with TELUS Communications Inc. in TELE-MOBILE Company, partners in a general partnership carrying on business as TELUS Communications Company (TELUS) to amend the Class 1 regional licences for its cable distribution undertakings serving the above-mentioned locations.

April 1, 2008

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