Vol. 143, No. 42 — October 17, 2009

ARCHIVED — COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain carbon steel plate and high strength low alloy steel plate — Decision

On October 5, 2009, the President of the Canada Border Services Agency (CBSA) made a preliminary determination of dumping pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), in respect of hot-rolled carbon steel plate and high strength low alloy steel plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths in widths from 24 inches (610 mm) to 152 inches (3 860 mm) inclusive and in thicknesses from 0.187 inches (4.75 mm) up to and including 3.0 inches (76.0 mm) inclusive (with all dimensions being plus or minus allowable tolerances contained in the applicable standards, e.g. ASTM standards A6/A6M and A20/A20M), originating in or exported from Ukraine; excluding universal mill plate, plate for use in the manufacture of pipe and plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate).

The goods in question are usually classified under the following Harmonized System classification numbers:

7208.51.91.10
7208.51.99.93
7208.52.90.10
7208.51.91.91
7208.51.99.94
7208.52.90.91
7208.51.91.92
7208.51.99.95
7208.52.90.92
7208.51.91.93
7208.51.99.10
7208.52.90.93
7208.51.91.94
7208.51.99.91
7208.52.90.94
7208.51.91.95
7208.51.99.92
7208.52.90.95

The Canadian International Trade Tribunal (Tribunal) will conduct a full inquiry into the question of injury to the domestic producers of certain carbon steel plate and high strength low alloy steel plate originating in or exported from Ukraine, and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determination of dumping.

Pursuant to section 8 of SIMA, provisional duty is payable on the dumped carbon steel plate and high strength low steel alloy plate originating in or exported from Ukraine that are released from the CBSA during the period commencing October 5, 2009, and ending on the earliest of the day the investigation is terminated, the day on which the Tribunal makes an order or finding, or the day an undertaking is accepted. The amount of provisional duty payable is not greater than the estimated margin of dumping. The Customs Act applies with respect to the accounting and payment of provisional duty. As such, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.

Information

The Statement of Reasons regarding this decision will be issued within 15 days following the decision and will be available on the CBSA’s Web site at www.cbsa.gc.ca/sima or by contacting either Benjamin Walker at 613-952-8665 or Matthew Lerette at 613-954-7398, or by fax at 613-948-4844.

Ottawa, October 5, 2009

M. R. JORDAN
Director General
Trade Programs Directorate

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CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:

“Notice is hereby given, pursuant to paragraphs 168(1)(b), 168(1)(d) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the organization listed below under subsection 149.1(3) of the Income Tax Act and that the revocation of the registration is effective on the date of publication of this notice.”

Business Number	Name/Address
892958364RR0001	BORN TO SERVE FOUNDATION, KELOWNA, B.C.

CATHY HAWARA
Acting Director General
Charities Directorate

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CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:

“Notice is hereby given, pursuant to paragraphs 168(1)(b) and 168(1)(d) of the Income Tax Act, that I propose to revoke the registration of the organization listed below under subsection 149.1(3) of the Income Tax Act and that the revocation of the registration is effective on the date of publication of this notice.”

Business Number	Name/Address
894831932RR0002	SOUTHRIDGE SCHOOL FOUNDATION, SURREY, B.C.

CATHY HAWARA
Acting Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Hot-rolled carbon steel plate and high-strength low-alloy steel plate

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on October 5, 2009, from the Director General of the Trade Programs Directorate at the Canada Border Services Agency, stating that a preliminary determination had been made respecting the dumping of hot-rolled carbon steel plate and high-strength low-alloy (HSLA) steel plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths in widths from 24 inches (610 mm) to 152 inches (3 860 mm) inclusive and in thicknesses from 0.187 inch (4.75 mm) up to and including 3.0 inches (76.0 mm) inclusive (with all dimensions being plus or minus allowable tolerances contained in the applicable standards, e.g. ASTM standards A6/A6M and A20/A20M), originating in or exported from Ukraine, excluding universal mill plate, plate for use in the manufacture of pipe and plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate).

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2009-003) to determine whether the dumping of the above-mentioned goods has caused injury or retardation or is threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

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 that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made.

Notices of participation

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before October 19, 2009. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before October 19, 2009.

Request for submissions on classes of goods

In its statement of reasons for the preliminary determination of injury issued on September 18, 2009, the Tribunal found, based on the evidence on the record at that time, that there was a single class of goods. However, the Tribunal also indicated that the issue of whether there was more than one class of goods would need to be fully addressed in the context of a final injury inquiry.

Before coming to a definitive decision on the issue of whether there is more that one class of goods in this inquiry, the Tribunal is inviting interested parties to file evidence and submissions on whether the following goods constitute separate classes of goods: (i) structural steel plate; (ii) HSLA steel plate; and (iii) pressure vessel quality (PVQ) steel plate.

Parties are also asked to address factors that the Tribunal should examine in considering the question of classes of goods, including

• the physical characteristics of the goods;
• the market characteristics of the goods (such as substitutability, pricing, end uses and distribution channels);
• whether the goods fulfil the same customer needs; and
• any other relevant factors.

Furthermore, the Tribunal requests that parties support their submissions with public evidence, such as letters from customers who use different types of hot-rolled carbon steel plate and HSLA steel plate (structural steel plate, HSLA steel plate and PVQ steel plate), price lists, documents describing the physical characteristics of the goods, documents indicating the different end uses for hot-rolled carbon steel plate and HSLA steel plate, and documents indicating the type of hot-rolled carbon steel plate and HSLA steel plate to be used for each end-use application.

Parties filing submissions on classes of goods are required to file 10 copies of their submissions with the Tribunal no later than noon, on October 23, 2009. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on October 29, 2009. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided.

In addition, in order to gather evidence on whether structural steel plate, HSLA steel plate and PVQ steel plate are substitutable goods, the Tribunal has prepared a separate questionnaire on classes of goods that a number of purchasers are required to complete by October 16, 2009. The responses to the questionnaire on classes of goods will be sent to parties and counsel of record on October 23, 2009. Parties will have the opportunity to address the information gathered through those questionnaire responses in their reply submissions on classes of goods on October 29, 2009. The Tribunal will render its decision on classes of goods no later than November 6, 2009.

Requests for product exclusions

The Tribunal’s Guide to Making Requests for Product Exclusions, which can be found on the Tribunal’s Web site, describes the procedure for filing requests for specific product exclusions. The Guide includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided that all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the finding shall be filed by interested parties no later than noon, on December 1, 2009. Parties opposed or consenting or not opposed to the request for exclusion shall file written responses to the request for product exclusion no later than noon, on December 9, 2009. Should the request for a specific product exclusion be opposed, and if the interested party filing the request wishes to reply, it must do so no later than noon on December 18, 2009.

Public hearing

A public hearing relating to this inquiry will be held in the Tribunal Hearing Room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing January 5, 2010, at 9:30 a.m.

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

In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is completely separate from an injury inquiry. However, the Tribunal invites all persons who anticipate that they will have public interest concerns in the event of an injury finding to simply notify the Tribunal by October 19, 2009. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.

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.

Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers, service centres, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. The letter specifies, among other things, the date for filing replies to Tribunal questionnaires, the date on which the information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and the dates for the filing of submissions by interested parties. Copies of all the questionnaires can be downloaded from the Tribunal’s Web site at www.citt-tcce.gc.ca/question/index_e.asp.

Written submissions, correspondence and 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 (fax), secretary@citt-tcce.gc.ca (email).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing service located at www.citt-tcce.gc.ca/apps/index_e.asp. The service utilizes the Government of Canada’s epass system, which allows the secure transmission of confidential business information. The information is fully encrypted from the sender to the Tribunal.

However, parties must file paper copies when instructed to do so. Where a party is required to file paper copies, the electronic version and the paper-copy version must be identical. In case of discrepancies, the paper-copy version will be considered the original.

At the end of the official process, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case.

The Tribunal’s decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons who have registered to receive decisions of the Tribunal.

Written and oral communication with the Tribunal may be in English or in French.

Ottawa, October 6, 2009

DOMINIQUE LAPORTE
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.

2009-616 October 5, 2009

YTV Canada Inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, English-language specialty programming undertaking known as YTV in order to amend the condition of licence relating to a certain percentage of programming that must be devoted to programs from non-North American sources.

Denied — Amendment to the condition of licence relating to specified percentages of programming targeting children, youth and their families.

Denied — Deletion of the condition of licence relating to the distribution of feature films in the evening broadcast period.

2009-504-1 October 6, 2009

Rogers Broadcasting Limited
Various locations

Correction — The Commission corrects Broadcasting Decision 2009-504 by adding transmitters CFMT-TV-1 London and CFMT-TV-2 Ottawa to paragraph 63 and by replacing the subtitle of Appendix 1.

2009-617 October 6, 2009

Ottawa Media Inc.
Ottawa, Ontario

Approved — Change in the authorized contours of the English-language commercial station CJWL-FM Ottawa by increasing the average effective radiated power and decreasing the effective height of the antenna above average terrain.

2009-618 October 6, 2009

CW Media Inc. and Astral Broadcasting Group Inc., partners in a general partnership carrying on business as Historia & Séries+, s.e.n.c.
Across Canada

Approved — Amendment to the broadcasting licence for the national, French-language Category 1 specialty programming undertaking known as Historia (formerly Canal Histoire) by adding program categories to the list of categories from which it may draw programming.

2009-619 October 6, 2009

MusiquePlus inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, French-language analog specialty programming undertaking known as MusiMax by adding program categories to the list of categories from which it may draw programming.

2009-620 October 6, 2009

MusiquePlus inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, French-language analog specialty programming undertaking known as MusiquePlus by adding program categories to the list of categories from which it may draw programming.

2009-624 October 7, 2009

Newcap Inc.
Thunder Bay, Ontario

Approved — Change to the authorized contours of the English-language commercial radio station CJUK-FM Thunder Bay by increasing the effective radiated power.

2009-625 October 7, 2009

Astral Broadcasting Group Inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, French-language Category 1 specialty programming undertaking known as Ztélé by adding program categories to the list of categories from which it may draw programming.

2009-626 October 7, 2009

Astral Broadcasting Group Inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, French-language Category 1 specialty programming undertaking known as VRAK.TV by adding program categories to the list of categories from which it may draw programming.

2009-627 October 7, 2009

Astral Broadcasting Group Inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, French-language Category 1 specialty programming undertaking known as Canal D by adding program categories to the list of categories from which it may draw programming.

2009-628 October 7, 2009

Astral Broadcasting Group Inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, French-language Category 1 specialty programming undertaking known as Canal Vie by adding program categories to the list of categories from which it may draw programming.

2009-631 October 7, 2009

Various applicants
Halifax, Nova Scotia

Approved — Application by HFX Broadcasting Inc. for a broadcasting licence to operate a new English-language commercial FM radio station in Halifax.

Denied — Other applications for broadcasting licences to operate commercial radio stations in Halifax.

Denied — Application by Parrsboro Radio Society to change the authorized contours of the low-power community Type B radio programming undertaking CICR-FM Parrsboro.

2009-633 October 8, 2009

Sam J. Louis, on behalf of a corporation to be incorporated
Across Canada

Approved — Broadcasting licence to operate a national, English-language high-definition Category 2 specialty service to be known as Black Canadian Broadcasting Television.

 

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

INFORMATION BULLETIN 2009-634

Applications processed pursuant to streamlined procedures

In this information bulletin, the Commission sets out lists of applications that did not require a public process and that it processed during the period from July 1, 2009, to August 31, 2009, pursuant to its streamlined procedures. These applications involve transfers of ownership and changes in the effective control of broadcasting undertakings, as well as applications for amendments or extensions of deadlines.

October 8, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-572-1

Notice of application received

Various locations
Amendment to item 6
Deadline for submission of interventions and/or comments:
October 16, 2009

Further to Broadcasting Notice of Consultation 2009-572, the Commission announces the following:

At the request of the applicant, item 6 is withdrawn from this public notice. The Commission has closed the file on this application.

Item 6

Whistler, British Columbia
Application No. 2009-1179-4

Application by Corus Radio Company to amend the broadcasting licence for the commercial radio programming undertaking CFOX-FM Vancouver as it relates to the operation of its transmitter CFXX-FM Whistler.

October 7, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-602

Call for comments on new draft regulations concerning CRTC Rules of Practice and Procedure

The Commission calls for comments on new draft regulations titled Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure which, when they come into force, will replace and repeal the CRTC Rules of Procedure and the CRTC Telecommunications Rules of Procedure. The Commission also calls for comment on a proposed Information Bulletin on electronic filings. Parties should structure their comments around the four parts of the proposed Rules. The deadline for the receipt of comments is December 17, 2009.

September 30, 2009

TABLE OF CONTENTS

(This table is not part of the Rules.)

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION RULES OF PRACTICE AND PROCEDURE

DEFINITIONS

 1. Definitions

MATTERS BEFORE THE COMMISSION

 2. How matters brought before Commission

PART 1

RULES APPLICABLE TO BROADCASTING AND TELECOMMUNICATIONS PROCEEDINGS

 3. Application

DIVISION 1

GENERAL RULES

Powers of the Commission

 4. Power to act

 5. Information bulletins

 6. Dispensing with or varying Rules

 7. Defect in form

 8. Other powers

 9. Relief

Time

10. Computation of time

Filing and Service of Documents

11. Filing of documents

12. Alternative formats

13. Filing date

14. Verification of documents

15. Deadline for service

16. Service of documents

17. Service date

18. Proof of service

Application

19. Filing and service of application

Answer to an Application

20. Deadline for filing answer

Intervention

21. Deadline for intervening

Reply

22. Deadline for filing reply

Request for Information or Documents

23. Acting on behalf of another person

24. Request for information and representations

25. Request for documents

Subpoena

26. Format of subpoena

Confidential Information

27. Obligation to file in order to designate

28. Timing of designation

29. Request for disclosure

30. Disclosure

DIVISION 2

RULES APPLICABLE TO PUBLIC HEARINGS

31. Appearance or written representations

32. Administering of oaths

33. Simultaneous sittings

PART 2

RULES APPLICABLE TO COMPLAINTS AND DISPUTE RESOLUTION

DIVISION 1

RULES APPLICABLE TO PROCEEDINGS INITIATED BY A COMPLAINT

34. Application

35. Form and content of complaint

36. Application or intervention instead of complaint

37. Sending complaint to person against whom complaint is made

38. Response

39. Measures

40. Copy placed on licensee file

41. Emergency telecommunications complaint

DIVISION 2

ALTERNATIVE DISPUTE RESOLUTION PROCESSES

42. Requirements to be followed

PART 3

RULES APPLICABLE TO CERTAIN BROADCASTING PROCEEDINGS

DIVISION 1

APPLICATIONS FOR THE CHANGE OF OWNERSHIP OR CONTROL OF A BROADCASTING UNDERTAKING

43. Requirements to be followed

DIVISION 2

APPLICATION FOR THE ISSUANCE OR RENEWAL OF A LICENCE

Application

44. Application

Notice of Consultation

45. Posting of notice of consultation

46. Obligations of applicant

47. Amendment

Intervention

48. Deemed intervention

Reply

49. Reply

Appearance

50. Order of appearance

PART 4

RULES APPLICABLE TO CERTAIN TELECOMMUNICATIONS APPLICATIONS

DIVISION 1

APPLICATIONS TO APPROVE OR AMEND TARIFFS

51. Application

52. Requirements to be followed

DIVISION 2

APPLICATIONS TO AWARD COSTS

Application

53. Application

Interim Costs

54. Application for interim costs

55. Content of application

56. Answer

57. Reply

58. Criteria for awarding interim costs

59. Application for final costs

Final Costs

60. Deadline

61. Content of application for final costs

62. Answer

63. Reply

64. Criteria for awarding final costs

65. Taxing officer

Fixing and Taxing of Costs

66. Criterion for fixing and taxing costs

DIVISION 3

REQUESTS FOR INFORMATION

67. Application

68. Request for information

69. Response to request

70. Request for further response

71. Response

PART 5

REPEALS AND COMING INTO FORCE

REPEALS

72. 

73. 

COMING INTO FORCE

74. Registration

SCHEDULE

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION RULES OF PRACTICE AND PROCEDURE

DEFINITIONS

Definitions

1. The following definitions apply in these Rules.

“document” « document »

“document” has the meaning assigned by the definition “record” in section 3 of the Access to Information Act.

“party” « partie »

“party” includes an intervener.

“person” « personne »

“person” has the same meaning as in subsection 2(1) of the Telecommunications Act.

MATTERS BEFORE THE COMMISSION

How matters brought before Commission

2. A matter may be brought before the Commission by an application or complaint or on the Commission’s own initiative.

PART 1

RULES APPLICABLE TO BROADCASTING AND TELECOMMUNICATIONS PROCEEDINGS

Application

3. (1) Except as otherwise provided in these Rules, this Part applies to all proceedings before the Commission.

Exception

(2) These Rules do not apply to a proceeding arising from a contravention of a prohibition or requirement of the Commission for which a person is liable to an administrative monetary penalty under sections 72.01 to 72.15 of the Telecommunications Act.

DIVISION 1

GENERAL RULES

Powers of the Commission

Power to act

4. The Commission may exercise any of its powers under these Rules at the request of a party or interested person or on its own initiative.

Information bulletins

5. The Commission may issue information bulletins regarding matters within its jurisdiction, including

(a) the application of these Rules and its regulatory policies and decisions; and

(b) the format and numbering of documents to be filed, the software with which they may be filed and the procedure for their filing.

Dispensing with or varying Rules

6. If the Commission is of the opinion that considerations of public interest or fairness permit, the Commission may dispense with or vary these Rules including by way of directions.

Defect in form

7. (1) If an application or complaint does not comply with a requirement of these Rules, the Commission may either return the application or the complaint to the applicant or the complainant so that the deficiencies may be remedied or it may close the file.

Application or complaint not dismissed

(2) However, no application or complaint may be dismissed by reason solely of a defect in form.

Other powers

8. The Commission may

(a) if it is of the opinion that the circumstances or considerations of fairness permit, adjourn a proceeding;

(b) if it is of the opinion that the circumstances or considerations of fairness permit, combine two or more proceedings;

(c) decide whether to admit a document as evidence;

(d) order to be amended or struck out a document or part of a document that, in the opinion of the Commission, may tend to prejudice a party or delay the hearing of the matter on the merits;

(e) provide an opportunity for parties to make written or oral representations; and

(f) in the event of a reference to the Federal Court, order the whole or any part of a proceeding to be stayed pending the decision on the reference.

Relief

9. In broadcasting matters, the Commission may approve the whole or any part of an application or grant any other relief in addition to or in substitution for the relief applied for.

Note: Section 60 of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.

Time

Computation of time

10. (1) The computation of a time period set out in these Rules or in an information bulletin, direction, notice or decision is governed by sections 26 to 29 of the Interpretation Act, except that Saturday is also considered to be a holiday.

Calendar days

(2) A time period is computed in calendar days.

Filing and Service of Documents

Filing of documents

11. (1) A document must be filed with the Commission

(a) in the case of an application, by sending the document to the Office of the Secretary General by any electronic means set out in an information bulletin issued by the Commission and that permits its intelligible reception; and

(b) in the case of any other document, by delivering it by hand to the Office of the Secretary General, or by sending it to the Office by mail or any electronic means that permits its intelligible reception.

Filing at hearing

(2) When a hearing of the Commission is in progress, a document may also be filed by delivering the document by hand to the secretary of the hearing.

Record of transmission

(3) If a document is sent by electronic means, the sender must keep a written record of the transmission.

Alternative formats

12. The Commission may, on its own initiative or at the request of a person with disabilities or their designated representative, order that a document be filed in an alternative format and may require that the document be served on the person or, if the person is not a party, that it be provided to that person.

Filing date

13. (1) A document is filed

(a) if it is delivered by hand, on the date it is delivered;

(b) if it is sent by mail, on the date it is received by the Office of the Secretary General; and

(c) if it is sent by electronic means, on the date it is transmitted or, if the Office of the Secretary General does not receive the document on that date, on the date that it establishes it received it.

Saturday or holiday

(2) A document received on a Saturday or a holiday, as that word is defined in subsection 35(1) of the Interpretation Act, is considered to be received on the next business day.

Verification of documents

14. (1) The Commission may order a person who has filed a document to verify the document by affidavit and, in case of refusal, it may strike out the document.

Grounds

(2) If an affidavit is made as to belief, the grounds on which the belief is based must be set out in the affidavit.

Deadline for service

15. A document that is required to be served must be served, along with the documents that accompany it, on or before the date on which it is filed.

Service of documents

16. A document must be served on a person

(a) by delivering a copy of the document by hand

(i) to an individual, or

(ii) if the person is a partnership, body corporate or unincorporated organization, to a partner, an officer or a director, or to their designated representative;

(b) by sending a copy of the document by mail to the last known address of the person or their designated representative; or

(c) by sending the document by any electronic means that permits its intelligible reception to the person or their designated representative, in which case the sender must keep a written record of the transmission.

Service date

17. Service of a document is effected

(a) if it is delivered by hand, on the date it is delivered;

(b) if it is sent by mail, on the date it is received; and

(c) if it is sent by electronic means, on the date it is transmitted or, if the recipient does not receive the document on that date, on the date that they establish that they received it.

Proof of service

18. (1) At the request of the Commission, proof of service, or, if there is none, an affidavit in lieu of proof, must be filed with the Commission.

Content of proof

(2) Proof of service or an affidavit must include, or be accompanied by, the following information:

(a) the name, address, telephone number and e-mail address of the person who served the document;

(b) the date on which the document was delivered by hand or sent by mail or electronic means and, if it was sent by electronic means, the time of transmission; and

(c) if the document was served by facsimile, the total number of pages transmitted, including the cover page, the facsimile number from which it was sent and the name of the person who sent it.

Application

Filing and service of application

19. (1) An application must

(a) be filed with the Commission;

(b) be served on any respondent and any other persons that the Commission may direct; and

(c) be accompanied by a list of the persons on whom the application is served and the e-mail address of each, if any.

Form and content of application

(2) An application must be made by means of the form provided on the Commission’s website. If none is provided, the application must

(a) set out the name and address of the applicant and any designated representative and the e-mail address of each;

(b) set out the applicant’s website address or, if the application is not posted on their website, the place where it may be consulted;

(c) be divided into parts and consecutively numbered paragraphs;

(d) identify the statutory or regulatory provisions under which the application is made and the nature of the decision sought;

(e) contain a clear and concise statement of the relevant facts and the grounds of the application;

(f) set out any amendments or additions that the applicant proposes to make to these Rules; and

(g) include any other information that may inform the Commission as to the nature, purpose and scope of the application and be accompanied by any documents that support the application.

Answer to an Application

Deadline for filing answer

20. (1) A respondent may file an answer with the Commission within 30 days after the date on which the application is filed.

Form and content of answer

(2) The answer must

(a) set out the name and address of the respondent and any designated representative and the e-mail address of each;

(b) be divided into parts and consecutively numbered paragraphs;

(c) admit or deny any or all of the facts alleged in the application;

(d) contain a clear and concise statement of the relevant facts and the grounds of the answer;

(e) include any other information that may inform the Commission as to the nature, purpose and scope of the answer and be accompanied by any documents that support the answer;

(f) be accompanied by a list of the persons on whom the answer is served and the e-mail address of each, if any; and

(g) be served on the applicant, any other respondent and any other persons that the Commission may direct.

Intervention

Deadline for intervening

21. (1) Any interested person may intervene in writing in a proceeding within the time period set out in the notice of consultation posted by the Commission on its website or, if no notice was posted

(a) within 30 days after the date on which the application is filed; and

(b) in the case of an application for the amendment of a licence to carry on a broadcasting undertaking, within 40 days after that date.

Form and content of document

(2) The document of the intervener must

(a) describe the interest of the intervener;

(b) set out the name and address of the intervener and any designated representative and the e-mail address of each;

(c) be divided into parts and consecutively numbered paragraphs;

(d) clearly state whether the intervener supports or opposes the application, or is commenting on the application, and any modifications that the intervener proposes to the decision sought;

(e) admit or deny any or all of the facts alleged in the application;

(f) contain a clear and concise statement of the relevant facts and the grounds on which the intervener’s support for, opposition to or proposed modification to the decision sought is based;

(g) state whether the intervener wishes to participate in any possible hearing in person;

(h) state any reasonable accommodation required to enable the intervener to participate in any possible hearing;

(i) include any other information that may inform the Commission as to the nature, purpose and scope of the intervention and be accompanied by any documents that support the intervention;

(j) be accompanied by a list of the persons on whom the document is served and the e-mail address of each, if any; and

(k) be served on the applicant and any other persons that the Commission may direct.

Reply

Deadline for filing reply

22. (1) The applicant may file a reply to an answer or to the document of an intervener with the Commission within 10 days after the later of the deadline for the filing of the answer and the deadline for intervening in writing in the proceeding.

Form and content of reply

(2) The reply must

(a) be restricted to the points raised in the answer or the document;

(b) admit or deny any or all of the facts alleged in the answer or the document;

(c) state the grounds of objection or opposition, if any, to any points raised in the answer or the document;

(d) be accompanied by a list of the persons on whom the reply is served and the e-mail address of each, if any; and

(e) be served on any respondent, the interveners and any other persons that the Commission may direct.

Request for Information or Documents

Acting on behalf of another person

23. A person who acts on behalf of another person must file with the Commission, if it so requests, evidence of their authority to represent the other person.

Requirement for information and representations

24. The Commission may require a party

(a) to provide information, particulars or documents that it considers necessary to enable the Commission to obtain a full and satisfactory understanding of the subject-matter of the proceeding; or

(b) to make written or oral representations on any matter related to the proceeding.

Request for documents

25. (1) A party may request any other party in writing to produce for inspection, by the requesting party, any document that has been referred to in a document filed with the Commission by that other party and to permit the requesting party to make copies of it.

Filing and service of request

(2) The requesting party must file its request with the Commission and serve it on the other party.

Failure to produce document

(3) A party who fails to produce the document within 10 days after the date on which the request is filed may not rely on the document.

Deemed production

(4) A party who produces an electronic copy of the document or provides an electronic address or link to the specific location where the document may be accessed free of charge is deemed to have produced the document and to have permitted the requesting party to make copies of it.

Subpoena

Format of subpoena

26. A subpoena — which the Commission may refuse to issue — must be in the form set out in the schedule and must be signed by the Secretary General and sealed with the Commission’s seal.

Confidential Information

Obligation to file in order to designate

27. In broadcasting matters, a person may not designate information as confidential unless they file it with the Commission.

Note: Subsection 39(1) of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.

Timing of designation

28. (1) A person who wants to designate information that is being filed with the Commission as confidential must do so at the time it is filed.

Reasons for designation

(2) The person must provide reasons, as well as any supporting documents, why the disclosure of the information would not be in the public interest, including why the specific direct harm that would be likely to result to them from the disclosure would outweigh the public interest.

Abridged version

(3) The person who designates information as confidential must either file an abridged version, intended to be made available to the public, of the document that contains the information, or must provide reasons, as well as any supporting documents, why an abridged version cannot be filed.

Documents public

(4) In broadcasting matters, the Commission must make available for public inspection the reasons and supporting documents to the extent that they are not designated as confidential.

Note: Section 38 of the Telecommunications Act provides for the same rule in relation to telecommunications matters.

Request for disclosure

29. (1) A person who files a request with the Commission for the disclosure of information that has been designated as confidential must provide reasons, as well as any supporting documents, why the disclosure would be in the public interest, including how the information is relevant to the Commission’s regulatory responsibilities.

Service

(2) The requesting person must serve the request on the person who made the designation.

Reply

(3) The person who made the designation may file a reply with the Commission within five days after the date on which the request is filed. They must serve it on the requesting person.

Reply to request from Commission

(4) If the Commission requests disclosure of the information, the person who made the designation may file a reply with the Commission within five days after the date on which they receive the request.

Disclosure

30. In broadcasting matters, the Commission may disclose, or require the disclosure of, information designated as confidential if it is of the opinion that the disclosure is in the public interest, except if, on request of an applicant, the Commission agrees to not take the information into account to dispose of the application.

Note: Subsection 39(4) of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.

DIVISION 2

RULES APPLICABLE TO PUBLIC HEARINGS

Appearance or written representations

31. If a public hearing is to be held in regard to an application, the Commission may request the parties, or some of them, to appear before it or decide the matter on the basis of written representations, or it may use a combination of those methods.

Administering of oaths

32. The Commission may require a person who appears before it to be sworn or affirmed.

Simultaneous sittings

33. The Commission may, in relation to one proceeding, hold simultaneous sittings in more than one location.

PART 2

RULES APPLICABLE TO COMPLAINTS AND DISPUTE RESOLUTION

DIVISION 1

RULES APPLICABLE TO PROCEEDINGS INITIATED BY A COMPLAINT

Application

34. This Division applies to any proceeding that is initiated by a complaint that is not related to an application.

Form and content of complaint

35. A complaint must

(a) be filed with the Commission;

(b) set out the name and address of the complainant and any designated representative and the e-mail address of each, if any;

(c) set out the name of the person against whom it is made;

(d) contain a clear and concise statement of the relevant facts, the grounds of the complaint and the nature of the decision sought; and

(e) state whether the complainant wishes to receive documents related to the complaint in an alternative format.

Application or intervention instead of complaint

36. The Commission may, if it considers it just and expedient to do so, require a complainant to file their complaint as an application or to intervene in writing in any proceeding relating to the matter raised by the complaint.

Sending complaint to person against whom complaint is made

37. If the Commission is considering the complaint, it must send a copy of the complaint to the person against whom it is made.

Response

38. The person against whom a complaint is made may file a response with the Commission within 20 days after the date on which they received a copy of the complaint. They must serve it on the complainant.

Measures

39. If a response is not satisfactory to the Commission, it may take any measures that it considers necessary.

Copy placed on licensee file

40. The Commission may place a copy of a complaint against a licensee and a response from the licensee on the licensee’s file to be considered at the time of its licence renewal.

Emergency telecommunications complaint

41. (1) A complaint seeking relief on an emergency basis in relation to a telecommunications matter may be made orally to a designated employee of the Commission.

Interim ex parte order

(2) If an interim settlement cannot be reached, the Commission may issue an interim ex parte order.

Filing complaint in writing

(3) If an interim ex parte order is issued, the complainant must file its complaint with the Commission in writing within five days after the date on which the order is issued.

DIVISION 2

ALTERNATIVE DISPUTE RESOLUTION PROCESSES

Requirements to be followed

42. An application for the resolution of a matter under an alternative dispute resolution process must be made in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2009-38, as amended from time to time.

PART 3

RULES APPLICABLE TO CERTAIN BROADCASTING PROCEEDINGS

DIVISION 1

APPLICATIONS FOR THE CHANGE OF OWNERSHIP OR CONTROL OF A BROADCASTING UNDERTAKING

Requirements to be followed

43. An application to the Commission for the approval of the transfer of ownership or the change in control of a broadcasting undertaking must be reviewed in accordance with the procedural requirements established by the Commission in Broadcasting Circular CRTC 2008-8, as amended from time to time.

DIVISION 2

APPLICATION FOR THE ISSUANCE OR RENEWAL OF A LICENCE

Application

Application

44. This Division applies to any proceeding that is initiated by an application to the Commission for the issuance or renewal of a licence under subsection 9(1) of the Broadcasting Act.

Notice of Consultation

Posting of notice of consultation

45. (1) The Commission must post any notice of consultation — whether a notice of application or a notice of public hearing — on its website.

Content of notice

(2) The notice must indicate the nature of the matters to be considered and the deadline for intervening in writing in the proceeding. In the case of a notice of public hearing, it must also indicate the time and place of the hearing.

Obligations of applicant

46. If a public hearing is to be held in regard to an application, the applicant must

(a) no later than five days after the posting of the notice of consultation by the Commission on its website, post the notice or a link to it on the homepage of its website and keep it posted until the deadline for intervening in writing in the proceeding expires; and

(b) give notice of the notice of consultation in any manner that the Commission may direct, including through broadcast over its own facilities or by service to any person the Commission may direct, and the notice must indicate

(i) the date fixed for the commencement of the hearing,

(ii) the nature of the matters to be considered, and

(iii) the deadline for intervening in writing in the proceeding.

Amendment

47. No application referred to in section 44 may be amended and no supplementary document may be filed with the Commission after the Commission has posted the notice of consultation on its website.

Intervention

Deemed intervention

48. If two or more applications for the issuance of a licence are made in respect of the same area or locality and it is reasonable to believe that not all applications will be approved, each application is deemed to be an intervention in respect of the others but sections 21 and 22 do not apply.

Reply

Reply

49. The applicant must serve a reply on the interveners.

Appearance

Order of appearance

50. (1) The parties must be heard in the following order at a public hearing:

(a) applicants;

(b) interveners; and

(c) applicants, in reply.

Order of replies

(2) If the hearing relates to two or more applications for the issuance of a licence made in respect of the same area or locality and it is reasonable to believe that not all applications will be approved, the applicants must reply in the reverse order to that in which they were heard.

PART 4

RULES APPLICABLE TO CERTAIN TELECOMMUNICATIONS APPLICATIONS

DIVISION 1

APPLICATIONS TO APPROVE OR AMEND TARIFFS

Application

51. This Division applies to applications to the Commission for the approval of a new or amended tariff under section 25 of the Telecommunications Act.

Requirements to be followed

52. (1) An application for the approval of a retail service tariff or a competitive local exchange carrier tariff, other than one that relates to service destandardization or withdrawal, must be made in accordance with the procedural requirements established by the Commission in Telecom Decision CRTC 2008-74, as amended from time to time.

Tariffs applicable to competitors

(2) An application for the approval of an Incumbent Local Exchange Carrier competitor service tariff, other than one that relates to service destandardization or withdrawal, must be filed with the Commission at least 30 days before the date on which the tariff is proposed to come into effect.

Destandardization or withdrawal of service

(3) An application for the approval of a tariff that relates to service destandardization or withdrawal must be made as an application for service destandardization or withdrawal in accordance with the procedural requirements established by the Commission in Telecom Decision CRTC 2008-22, as amended from time to time.

DIVISION 2

APPLICATIONS TO AWARD COSTS

Application

Application

53. This Division applies to applications to the Commission to award costs under section 56 of the Telecommunications Act.

Interim Costs

Application for interim costs

54. A party who considers that they do not have sufficient financial resources to participate effectively in a proceeding may file an application for interim costs with the Commission.

Content of application

55. (1) In an application for interim costs, an applicant must

(a) demonstrate

(i) that they have, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,

(ii) that they can contribute to a better understanding by the Commission of the matters to be considered, and

(iii) that they do not have sufficient financial resources to participate effectively in the proceeding;

(b) undertake to participate in the proceeding in a responsible way;

(c) indicate the amount of costs requested, with receipts or detailed estimates being attached; and

(d) identify the respondents who should pay the costs.

Service

(2) The applicant must serve the application on the other parties.

Answer

56. The other parties may file an answer with the Commission within 10 days after the date on which the application for interim costs is filed. They must serve it on all parties.

Reply

57. The applicant must serve any reply on the parties who filed an answer.

Criteria for awarding interim costs

58. The Commission must use the following criteria to determine whether to award interim costs and the amount that will be awarded:

(a) whether the applicant has, or is the representative of a group or a class of subscribers that has, an interest in the outcome of the proceeding;

(b) the extent to which the applicant can contribute to a better understanding by the Commission of the matters to be considered;

(c) whether the applicant has sufficient financial resources to participate effectively in the proceeding; and

(d) whether the applicant undertook to participate in the proceeding in a responsible way.

Application for final costs

59. A party who has been awarded interim costs is required to file an application for final costs with the Commission.

Final Costs

Deadline

60. An application for final costs must be filed no later than 30 days after the date fixed by the Commission for the filing of final representations.

Content of application for final costs

61. (1) In an application for final costs, an applicant must

(a) demonstrate

(i) that they have, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,

(ii) that they contributed to a better understanding by the Commission of the matters that were considered, and

(iii) that they participated in the proceeding in a responsible way;

(b) identify the respondents who should pay the costs; and

(c) if interim costs were awarded to them, provide an explanation of any difference between those interim costs and the final costs applied for.

Documents to be attached

(2) The applicant must attach to the application the taxation forms provided on the Commission’s website.

Service

(3) The applicant must serve the application on the other parties.

Answer

62. The other parties may file an answer with the Commission within 10 days after the date on which the application for final costs is filed. They must serve it on all parties.

Reply

63. The applicant must serve any reply on the parties who filed an answer.

Criteria for awarding final costs

64. The Commission must use the following criteria to determine whether to award final costs and the maximum percentage of costs that will be awarded:

(a) whether the applicant had, or was the representative of a group or a class of subscribers that had, an interest in the outcome of the proceeding;

(b) the extent to which the applicant contributed to a better understanding by the Commission of the matters that were considered; and

(c) whether the applicant participated in the proceeding in a responsible way.

Taxing officer

65. If the Commission appoints a taxing officer, it must set out the procedure to be followed by the officer.

Fixing and Taxing of Costs

Criterion for fixing and taxing costs

66. (1) In fixing costs or taxing final costs, the Commission or the taxing officer, as the case may be, must take into consideration any financial assistance received by the applicant, from all sources, for the purpose of participating in Commission proceedings under the Telecommunications Act.

Limit

(2) The total amount of the costs must not exceed the amount of the costs necessarily and reasonably incurred by the applicant or the costs set out in the scale of costs established by the Commission.

DIVISION 3

REQUESTS FOR INFORMATION

Application

67. This Division applies to requests for information between parties.

Request for information

68. (1) A party may, with the approval of the Commission, request information from another party.

Form of request

(2) A request must

(a) be addressed to the party; and

(b) be identified with a designation in the following form: “xxxx (zzzz) dd-mm-yy”, where

(i) the first element is an abbreviation, initialism or acronym of the name of the party to whom the request is addressed,

(ii) the second, in parentheses, is an abbreviation, initialism or acronym of the name of the requesting party, and

(iii) the third is the date of the request.

Numbering of interrogatories

(3) Interrogatories contained in a request must be numbered consecutively.

Filing and service

(4) The requesting party must file a request with the Commission on or before the deadline established by the Commission. They must serve it on the party to whom it is addressed.

Response to request

69. (1) A party who is served with a request must

(a) respond fully and adequately to each interrogatory; or

(b) if the party contends that an interrogatory is either not relevant or that the information necessary to respond is not available, set out the reasons in support of that contention and, in the case of the unavailability of the information, provide any available information that the party considers would be of assistance to the requesting party.

Form of response

(2) A response to a request must be in the following form:

(full name of party responding)
(date of response)
Page 1 of 1
Preamble: (reproduce any preamble set out in the request)
Q. (reproduce interrogatory, including the interrogatory number)
A. (set out response)

Response to Request “xxxx (zzzz) dd-mm-yy”

Filing and service

(3) The responding party must file a response with the Commission on or before the deadline established by the Commission. They must serve it on all parties.

Request for further response

70. (1) A requesting party may, with the approval of the Commission, request a further response to an interrogatory from the party to whom the initial interrogatory was addressed.

Content of request

(2) The requesting party must specify why a further response is necessary.

Filing and service

(3) The requesting party must file a request with the Commission on or before the deadline established by the Commission. They must serve it on the party from whom the response is requested.

Response

71. (1) A party who is served with a request for a further response must

(a) respond fully and adequately to each interrogatory; or

(b) if the party contends that the request for a further response is either not relevant or that the information necessary to respond is not available, set out the reasons in support of that contention and, in the case of the unavailability of the information, provide any available information that the party considers would be of assistance to the party requesting the further response.

Filing and service

(2) The responding party must file a response with the Commission on or before the deadline established by the Commission. They must serve it on the requesting party.

PART 5

REPEALS AND COMING INTO FORCE

REPEALS

72. The CRTC Rules of Procedure (see footnote 1) are repealed.

73. The CRTC Telecommunications Rules of Procedure (see footnote 2) are repealed.

COMING INTO FORCE

Registration

74. These Rules come into force on the day on which they are registered.

SCHEDULE (section 26)

THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

Re:

To:

You are required to attend before the Canadian Radio-television and Telecommunications Commission at a hearing to be heard at ..................................... ..................................... on the ................ day of ............ 20..........., at ............., and so on from day to day until the hearing is concluded, to give evidence on oath with respect to the matters in question in the proceeding and to produce at the time and place ....

(set out, in detail, the documents to be produced)

..........................................................................................................

Dated this .................. day of ............. 20......

Corporate Seal of the Canadian Radio-television
and Telecommunications Commission

THE CANADIAN RADIO-TELEVISION
AND TELECOMMUNICATIONS COMMISSION
by: ............................................................

 

[42-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-615

Call for comments on a revised licensing framework for over-the-air digital television services

The Commission calls for comments on a revised licensing framework for over-the-air digital television services. The deadline for submitting comments is November 2, 2009.

October 5, 2009

[42-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-621

Notice of application received

Across Canada Deadline for submission of interventions and/or comments: November 10, 2009

The Commission has received the following application:

1. Rogers Sportsnet Inc.
Across Canada

To amend the broadcasting licence for the television programming undertaking Rogers Sportsnet.

October 6, 2009

[42-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-632

Notice of hearing

December 14, 2009
Gatineau, Quebec
Deadline for submission of interventions and/or comments: November 12, 2009

The Commission will hold a hearing commencing on December 14, 2009, at 9 a.m., at the Commission headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider the following applications, subject to interventions, without the appearance of the parties:

1. TVA Group Inc.
Across Canada

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

2. Canyon.TV Incorporated
Across Canada

For a broadcasting licence to operate a national terrestrial pay-per-view programming undertaking.

3. TVA Group Inc.
Across Canada

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

4. Canyon.TV Incorporated
Across Canada

For a broadcasting licence to operate a national video-on-demand programming undertaking.

5. Soundview Entertainment Inc.
Across Canada

For a broadcasting licence to operate a national, third-language general interest ethnic Category 2 specialty programming undertaking to be known as UTV Movies.

6. FreeHD Canada Inc.
Across Canada

For a broadcasting licence to operate a new national direct-to-home satellite distribution undertaking.

7. FreeHD Canada Inc.
Across Canada

For a broadcasting licence to operate a new national satellite relay distribution undertaking (SRDU).

8. Canyon.TV Incorporated
Across Canada

For a broadcasting licence to operate a national direct-to-home pay-per-view programming undertaking.

9. Rogers Broadcasting Limited
Across Canada

For a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Rogers’ Mainstream Sports Specialty Service.

10. Paul Blackmore Middle
Musquodboit, Nova Scotia

For a broadcasting licence to operate a low-power, English-language, FM commercial radio programming undertaking in Middle Musquodboit.

11. Télé Inter-Rives ltée
Rivière-du-Loup, Quebec

For a broadcasting licence to operate a French-language transitional digital television programming undertaking associated with its existing television station CIMT-TV Rivière-du-Loup.

12. Cogeco Cable Quebec 2009 Inc. (the general partner) and Cogeco Cable Canada Inc. (the limited partner), partners in a general partnership carrying on business as Cogeco Cable Quebec General Partnership
Various locations in the province of Quebec

To acquire from the previous partners the assets of the cable broadcasting distribution undertakings operating under Class 1, 2 and 3 regional licences in various locations in the province of Quebec.

13. Canadian Broadcasting Corporation
Various locations in the province of Ontario

For a broadcasting licence to operate a French-language television programming undertaking in Toronto and for the authorization to transfer the following transmitters from CBOFT Ottawa to CBLFT Toronto: CBLFT Toronto, CBLFT-1 Sturgeon Falls, CBLFT-2 Sudbury, CBLFT-3 Timmins, CBLFT-4 Kapuskasing, CBLFT-5 Hearst, CBLFT-6 Elliot Lake, CBLFT-7 Espanola, CBLFT-8 Kitchener, CBLFT-9 London, CBLFT-10 Chatham, CBLFT-11 Barrie, CBLFT-12 Peterborough, CBLFT-13 Belleville, CBLFT-14 Kingston, CBLFT-15 Penetanguishene, CBLFT-17 Sarnia, CBLFT-18 Thunder Bay, CBLFT-19 Nipigon, CBLFT-20 Sault Ste. Marie, CBLFT-21 Gogama, CBLFT-22 Chapleau, CBLFT-23 Wawa, CBLFT-24 Dubreuilville, CBLFT-25 Manitouwadge, CBLFT-26 Geraldton, CBLFT-27 Mattawa, CBEFT Windsor and CBFST-2 Temiscaming.

14. Canadian Broadcasting Corporation
Various locations in the province of Ontario

For an amendment to the broadcasting licence for CBOFT Ottawa and for the authorization to transfer the following transmitters from CBOFT Ottawa to CBLFT Toronto: CBLFT Toronto, CBLFT-1 Sturgeon Falls, CBLFT-2 Sudbury, CBLFT-3 Timmins, CBLFT-4 Kapuskasing, CBLFT-5 Hearst, CBLFT-6 Elliot Lake, CBLFT-7 Espanola, CBLFT-8 Kitchener, CBLFT-9 London, CBLFT-10 Chatham, CBLFT-11 Barrie, CBLFT-12 Peterborough, CBLFT-13 Belleville, CBLFT-14 Kingston, CBLFT-15 Penetanguishene, CBLFT-17 Sarnia, CBLFT-18 Thunder Bay, CBLFT-19 Nipigon, CBLFT-20 Sault Ste. Marie, CBLFT-21 Gogama, CBLFT-22 Chapleau, CBLFT-23 Wawa, CBLFT-24 Dubreuilville, CBLFT-25 Manitouwadge, CBLFT-26 Geraldton, CBLFT-27 Mattawa, CBEFT Windsor and CBFST-2 Temiscaming.

15. Canadian Broadcasting Corporation
Various locations in the province of Ontario

For the authorization to transfer the digital transmitter of the regional station CBLFT-DT Toronto, which is presently attached to CBOFT Ottawa, to CBLFT Toronto.

16. Douglas George Edwards
Innisfil, Ontario

For a broadcasting licence to operate an English-language FM non-commercial tourist radio programming undertaking in Innisfil, Ontario.

17. Newcap Inc.
Westlock, Alberta

To convert the radio programming undertaking CFOK Westlock from the AM to the FM band.

18. City West Cable (North) Corp.
Prince Rupert, British Columbia and the northwest of the province

For a broadcasting licence to operate a regional video-on-demand programming undertaking to serve the city of Prince Rupert and the northwest of the province of British Columbia.

19. Rogers Broadcasting Limited
Vancouver, British Columbia

For a broadcasting licence to operate an English-language transitional digital television programming undertaking associated with its existing television station CKVU-TV Vancouver.

20. Northern Lights Entertainment Inc.
Iqaluit, Nunavut

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

October 8, 2009

[42-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-635

Notice of application received

Ottawa, Ontario
Deadline for submission of interventions and/or comments: November 12, 2009

The Commission has received the following application:

1. Rogers Broadcasting Limited
Ottawa, Ontario

To amend the broadcasting licence of television programming undertaking CITY-DT Toronto (authorized in CITY-TV Toronto — transitional digital television licence, Broadcasting Decision CRTC 2003-8, January 9, 2003).

October 8, 2009

[42-1-o]

Footnote 1
C.R.C., c. 375

Footnote 2
SOR/79-554

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