ARCHIVED - Broadcasting Decision CRTC 2013-430
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Route reference: 2013-256
Ottawa, 22 August 2013
Shaw Communications Inc.
Edmonton, Alberta; Winnipeg, Manitoba; and across Canada
Application 2013-0586-3, received 16 April 2013
Public hearing in the National Capital Region
22 July 2013
Terrestrial broadcasting distribution undertakings and national video-on-demand service – Acquisition of assets (corporate reorganization)
1. The Commission approves an application by Shaw Communications Inc. (Shaw) for authority to acquire from Videon Cablesystems Inc. (Videon), through a corporate reorganization, the assets of Videon’s terrestrial broadcasting distribution undertakings (BDUs) serving Edmonton, Alberta and Winnipeg, Manitoba, as well as the assets of Videon’s national video-on-demand (VOD) programming undertaking. The Commission did not receive any interventions in connection with this application.
2. The corporate reorganization consists of the wind-up of Videon into Shaw, pursuant to the Wind-Up Agreement dated 31 August 2012.
3. This corporate reorganization does not affect the effective control of the undertakings, which continues to be exercised by Shaw.
4. The Commission notes that the transfer of assets occurred without prior approval by the Commission. The Commission reminds the licensee that it must be in compliance with its regulatory obligations at all times. The Commission also advises Shaw that any non-compliance that may have occurred under Videon’s licences from the date of the last licence renewals, that is, 1 December 2010 for the two BDUs and 1 June 2012 for the VOD service, will be considered at the time of the next renewal of its licences.
5. Upon surrender of the current licences issued to Videon, the Commission will issue new broadcasting licences to Shaw to operate the undertakings set out above under the same terms and conditions as those in effect under the current licences.
6. The Commission notes that the two BDU licences will expire on 31 August 2015 and the VOD licence will expire on 31 August 2016.
*This decision is to be appended to each licence.
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