ARCHIVED -  Public Notice CRTC 1998-136

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 Public Notice

 Ottawa, 23 December 1998
 Public Notice CRTC 1998-136
 The Commission has received the following applications:
ATLANTIC AND QUEBEC REGION
1.  CORNER BROOK, Newfoundland
Application (199807104) by CABLE ATLANTIC INC., 541 Kenmount Road, P.O. Box 8596, St. John's, Newfoundland, A1B 3P2, requesting relief, by condition of licence, from the requirement of section 29 of the Broadcasting Distribution Regulations (the Regulations).
Unless otherwise provided by condition of the licence, Cable Atlantic Inc. would be required, under subsection 29(5) of the Regulations as a Class 1 terrestrial distributor with less than 20,000 subscribers, to make a contribution to Canadian programming in the broadcasting year ending on 31 August 1999, and in each broadcast year thereafter, of an amount not less than the greater of:
(i)  5% of its gross revenues derived from broadcasting activities in the year, less any contribution to local expression made by the licensee in that year; and
(ii)  1.5% of its gross revenues derived from broadcasting activities in that year.
 Instead of making an annual contribution to Canadian programming in the manner outlined above, for the broadcasting year commencing 1 September 1999 and for each broadcasting year thereafter, the licensee of the Corner Brook system is requesting permission, by condition of licence, to direct its entire 5% annual Canadian programming contribution towards local expression, namely community programming.
 Examination of application:
Cable Atlantic Inc.
4 Mt. Bernard Avenue
Corner Brook, Newfoundland
2.  ST. JOHN'S, Newfoundland
Application (199807096) by CABLE ATLANTIC INC., P.O. Box 8596, St. John's, Newfoundland, A1B 3P2, requesting relief, by condition of licence, from the requirement of section 29 of the Broadcasting Distribution Regulations (the Regulations).
Unless otherwise provided by condition of the licence, Cable Atlantic Inc. would be required, under subsection 29(4) of the Regulations as a Class 1 terrestrial distributor with less than 20,000 but fewer than 60,000 subscribers, to make a contribution to Canadian programming in the broadcast year ending on August 31, 2000, and in each broadcast year thereafter, of an amount not less than the greater of:
(i)  5% of its gross revenues derived from broadcasting activities in the year, less any contribution to local expression made by the licensee in that year; and
(ii)  3% of its gross revenues derived from broadcasting activities in that year.
 Re-direction of funds to Local Expression
 Instead of making an annual contribution to Canadian programming in the manner outlined above, for the broadcasting year commencing 1 September 1999 and each broadcasting year thereafter, the licensee is requesting permission, by condition of licence, to direct 80% of its required contribution (i.e.: 4% of its annual gross broadcasting revenues) towards local expression, namely community programming. As a result, the licensee would direct 1% of its annual gross broadcasting revenues to the Canadian Television Fund (CTF).
 MSO Contribution Averaging or Pooling
 In addition to and interdependent with the proposal outlined immediately above, the licensee, a multiple system operator (MSO), is also requesting that it be permitted to direct a portion of its local expression budget from its largest system, St. John's, to each of its three smaller systems, namely its Class 1 undertaking in Corner Brook and its Class 2 systems in Grand Falls and Gander, Newfoundland.
 Fund Contributions
 Due to fluctuations inherent with local expression expenditures incurred throughout a given year and by way of exception to guidelines set out in the Commission's Circular No. 426, which speak to contributions (to Canadian programming) being based on "gross revenues derived from broadcasting activities" (i.e.: earned revenues), the licensee also proposes that its St. John's system project its total production fund payment requirements for the entire year and remit its payments on a monthly basis in accordance with those projections. The licensee would make an adjustment for any shortfall in actual requirements at the end of each broadcasting year.
 Examination of application:
Cable Atlantic Inc.
541 Kenmount Road
St. John's, Newfoundland
3.  SAINT-HYACINTHE, Quebec
Application (199802145) by 3145069 CANADA INC., 410 St-Nicolas Street, Suite 12, Montréal, Quebec, H2Y 2P5, to amend the broadcasting licence of the (radio) programming undertaking CFEI-FM Saint-Hyacinthe, as follows:
-  by increasing the effective radiated power from 640 to 3,000 watts; and
-  by changing the coverage area of the station to the northeast.
 This application is filed to amend the technical parameters authorized in Decision CRTC 96-209 dated 12 June 1996 and which have never been implemented by the licensee.
Examination of application:
Studios of CFEI-FM
855 Ste-Marie Avenue
Saint-Hyacinthe, Quebec
PUBLIC PARTICIPATION
 Intervention
 IN ORDER TO BE CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,
-  submit your original written intervention to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2). A true copy MUST be sent to the applicant and proof that this has been done must accompany the original intervention sent to the Commission.
 Please note that you may also file your interventions by Electronic Mail
-  the intervention may be filed with the Commission by electronic mail at the following e-mail address: public.broadcasting@crtc.gc.ca and should indicate if a true copy has been sent to the applicant. Each paragraph of the document should be numbered. In addition, as an indication that the document has not been damaged during electronic transmission, the line ***End of document*** should be entered following the last paragraph of each document. However, your intervention and the proof of service to the applicant will also have to be filed in hard copy;
-  please note, that only the documents (applications and interventions) electronically filed will be available on the Commission's web site. You will be able to access these documents by indicating the public notice or the notice of public hearing number;
-  the intervention must be received by the CRTC and by the applicant ON OR BEFORE the deadline date indicated below. The Commission cannot be held responsible for postal delays;
-  your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds therefor. In the event that the application is brought to the oral phase of the hearing it would be helpful to the Commission if you provide reasons why your written comments are not sufficient and an appearance is necessary;
 Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out above has been followed. You will be contacted only if your submission raises procedural questions.
 DEADLINE FOR INTERVENTION:
 27 January 1999
 EXAMINATION OF DOCUMENTS
 DURING NORMAL OFFICE HOURS
Documents are available:
at the local address provided in this notice; and
at the following Commission offices:
Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 201
Hull, Quebec K1A 0N2
Tels: (819) 997-2429 - TDD 994-0423
Telecopier: (819) 994-0218
Bank of Commerce Building
Suite 1007
1809 Barrington Street
Halifax, Nova Scotia B3J 3K8
Tels: (902) 426-7997 - TDD 426-6997
Telecopier: (902) 426-2721
Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec H3A 3J6
Tels: (514) 283-6607 - TDD 283-8316
Telecopier: (514) 283-3689
 Other CRTC regional offices and documentation centre will also make documents available upon request by interested parties (normal delay: 48 hours).
 This document is available in alternative format upon request.
Secretary General

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