Vol. 132, No. 37 — September 12, 1998

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Transportation, Travel and Relocation Services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination on August 21, 1998, with respect to a complaint (File No. PR-98-002) filed by Installation Globale Normand Morin & Fils Inc. (the complainant), under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), as amended by the North American Free Trade Agreement Implementation Act, S.C., 1993, c. 44, concerning Request for a Standing Offer (RFSO) No. E0231-7-0032/A of the Department of Public Works and Government Services (the Department). The request was for the moving of office equipment and furniture, as the need arose, for the Department of Human Resources Development.

The complainant alleged that the Department altered the RFSO in a significant manner after bid closing, resulting in a prejudice to the complainant.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the Tribunal determined that the complaint was valid and awarded the complainant its reasonable costs incurred in filing and proceeding with its complaint.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, August 31, 1998

MICHEL P. GRANGER
Secretary

[37-1-o]

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:

— Canadian Radio-television and Telecommunications Commission Examination Room, 1 Promenade du Portage, Room 201, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), (819) 994-0218 (Facsimile), (819) 994-0423 (TDD);

— Bank of Commerce Building, 10th Floor, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), (902) 426-2721 (Facsimile), (902) 426-6997 (TDD);

— Place Montréal Trust, Suite 1920, 1800 McGill College Avenue, Montréal, Quebec H3A 3J6, (514) 283-6607 (Telephone), (514) 283-3689 (Facsimile), (514) 283-8316 (TDD);

— The Kensington Building, 1810-275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), (204) 983-6317 (Facsimile), (204) 983-8274 (TDD);

— 580 Hornby Street, Suite 530, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), (604) 666-8322 (Facsimile), (604) 666-0778 (TDD).

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.

LAURA M. TALBOT-ALLAN
Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 1998-6

The Commission will hold a public hearing commencing on November 12, 1998, at 9 a.m. (Issue No. 1), at the Conference Centre, Phase IV, 140 Promenade du Portage, Hull, Quebec, to consider the following:

Across Canada

1. Bell Satellite Services Inc.

For a broadcasting licence to carry on a national direct-to-home (DTH) pay-per-view (PPV) television programming undertaking. The proposed service would consist of up to 30 video signals, 22 of English-language programming and 8 signals of French-language programming. If the number of signals offered was to move above or below 30 in total, the number of signals dedicated to English and French language programming would vary proportionately, i.e. 75 percent/25 percent. However, the minimum number of French language pay-per-view signals would be no less than 5 at any time. As part of the English language PPV service, the applicant proposes to offer up to 10 percent of foreign programming in languages other than English and French.

2. Television Northern Canada Incorporated (TVNC)

For a broadcasting licence to operate a national Aboriginal television programming network, to be called Aboriginal Peoples Television Network, upon surrender of the current licences issued to TVNC. The network would broadcast programs in English and French as well as in Aboriginal languages, directed to aboriginal and non-aboriginal persons in both the north and south of Canada and would be distributed by satellite. The applicant also requests that its programming service be distributed on a mandatory basis as part of the basic service by Class 1 and 2 distribution licensees (such as cable), pursuant to subsection 17(5) of the Broadcasting Distribution Regulations (the Regulations) and by DTH distribution undertakings pursuant to paragraph 37(b) of the Regulations. In the case of Class 3 terrestrial distribution undertakings, the applicant is proposing that the service be optional to basic. The applicant is proposing a maximum monthly per-subscriber fee of $0.15 and that the proposed service would continue to be free of charge in those 96 communities which currently receive TVNC via local low power transmitters. Since the proposed service includes TVNC's existing services, approval of this application would eliminate the need to consider the renewal of TVNC's current licences.

Ontario Region

3. Deer Lake, Ontario
1177818 Ontario Limited

For a broadcasting licence to carry on a cable distribution undertaking to serve Deer Lake.

Western Canada and Territories Region

4. Swift Current, Saskatchewan
C.O.R.B. Swift Current & District Inc.

For a broadcasting licence to carry on a (radiocommunication) distribution undertaking at Swift Current, to distribute in non-encrypted mode, using one radio transmitter operating on a frequency of 95.7 MHz (channel 239A) with an effective radiated power of 440 watts, the programming service of the Canadian Broadcasting Corporation FM English-language radio network.

5. Banff and surrounding areas, Alberta
Friends of Banff National Park Fellowship

For authority to acquire the assets and for broadcasting licences to continue the operation of the (radio) programming undertakings CBPG-FM and CBPH-FM Banff, upon surrender of the current licences issued to the Canadian Broadcasting Corporation (on behalf of Parks Canada).

6. Calgary, Alberta
CKIK-FM Limited

For a broadcasting licence to carry on an English-language radio network for the purpose of broadcasting all pre-season, regular and play-off football games of the Calgary Stampeders for the 1999, 2000 and 2001 seasons of the Canadian Football League. The Commission notes that the programming would be originating from CHQR-AM Calgary.

7. Sorrento, Eagle Bay, Pinantan Lake, Paul Lake, Balmoral, Carlin, Notch Hill, White Lake, Scotch Creek, Celista, Anglemont and Magna Bay, British Columbia

A) Lake Broadcasting Corp.

To amend the broadcasting licence of the cable distribution undertaking serving the above-noted locations by deleting Scotch Creek, Celista, Anglemont and Magna Bay from its service area; and

B) North Shore Cable Ltd.

For authority to acquire the assets and for a broadcasting licence to continue the operation of the cable distribution undertaking serving Scotch Creek, Celista, Anglemont and Magna Bay, under the same terms and conditions as the current licence.

Deadline for intervention: October 19, 1998

August 31, 1998

[37-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1998-93

Ontario Region

1. Welland, Ontario
1019415 Ontario Inc. ("R.B. Communications")

To amend the broadcasting licence of the new FM (radio) programming undertaking at Welland, approved in Decision CRTC 97-387, by reducing the effective radiated power from 27 420 to 25 000 watts. The applicant also proposes to relocate its transmitter to a new site situated approximately 10 kilometres northeast of the approved site and increase the height of the transmitting antenna to compensate for the reduction in effective radiated power. The applicant advises that the proposed changes have become necessary because of the close proximity of Welland airport to the previously authorized site and due to interference considerations related to aeronautical NAV/COM services. The Commission notes that the proposed changes would also result in a slight increase in the authorized coverage area.

Deadline for intervention: September 24, 1998

September 3, 1998

[37-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

98-396 August 31, 1998

Durham Radio Inc.
Ajax, Ontario

Approved — Renewal of the broadcasting licence for the radio programming undertaking CJKX-FM Ajax, from September 1, 1998, to August 31, 2002.

98-397 August 31, 1998

Burlington Broadcasting Inc.
Burlington, Ontario

Approved — Renewal of the broadcasting licence for the radio programming undertaking CING-FM Burlington, from September 1, 1998, to August 31, 2005.

98-398 August 31, 1998

CJRN 710 Inc.
Niagara Falls, Ontario

Approved — Renewal of the broadcasting licence for the radio programming undertaking CJRN Niagara Falls, from September 1, 1998, to August 31, 2005.

98-399 August 31, 1998

Telemedia Communications Inc.
London, Ontario

Approved — Renewal of the broadcasting licence for the radio programming undertaking CIQM-FM London, from September 1, 1998, to August 31, 2005.

98-400 August 31, 1998

Telemedia Communications Inc.
Sudbury, Ontario

Approved — Renewal of the broadcasting licence for the radio programming undertaking CJRQ-FM Sudbury, from September 1, 1998, to August 31, 2004.

98-401 August 31, 1998

CHUM Limited
Peterborough, Ontario

Approved — Renewal of the broadcasting licence for the radio programming undertaking CKPT Peterborough, from September 1, 1998, to August 31, 2005.

98-402 August 31, 1998

CHUM Limited
Winnipeg, Manitoba

Approved — Renewal of the broadcasting licence for the radio programming undertaking CHIQ-FM Winnipeg, from September 1, 1998, to August 31, 2005.

98-403 August 31, 1998

Shaw Radio Ltd.
Vancouver and Whistler, British Columbia

Approved — Renewal of the broadcasting licence for the radio programming undertaking CFOX-FM Vancouver and its transmitter at Whistler, from September 1, 1998, to August 31, 2005.

98-404 August 31, 1998

Shaw Radio Ltd.
Vancouver, British Columbia

Approved — Renewal of the broadcasting licence for the radio programming undertaking CKLG Vancouver, from September 1, 1998, to August 31, 2005.

98-405 August 31, 1998

Town of Arcola
Arcola, Saskatchewan

Approved — Renewal of the Class 3 licence for the cable distribution undertaking serving Arcola, from September 1, 1998, to August 31, 2005.

98-406 August 31, 1998

High-Ridge TV Inc.
Bjorkdale, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Bjorkdale, from September 1, 1998, to August 31, 2005.

98-407 August 31, 1998

Drake Community Satellite Service Inc.
Drake, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Drake, from September 1, 1998, to August 31, 2005.

98-408 August 31, 1998

S.E.L. Satellite Inc.
Englefeld, St. Gregor and Leroy, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving these localities, from September 1, 1998, to August 31, 2005.

98-409 August 31, 1998

Krimbs T.V. Satellite Association Inc.
Invermay, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Invermay, from September 1, 1998, to August 31, 2005.

98-410 August 31, 1998

The Northern Hamlet of Jans Bay
Jans Bay, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Jans Bay, from September 1, 1998, to August 31, 2005.

98-411 August 31, 1998

The Battlefords Community Cablevision Co-operative
Kindersley, Saskatchewan

Approved — Renewal of the Class 3 licence for the cable distribution undertaking serving Kindersley, from September 1, 1998, to August 31, 2005.

98-412 August 31, 1998

Northern Village of La Loche
La Loche, Saskatchewan

Approved — Renewal of the Class 3 licence for the cable distribution undertaking serving La Loche, from September 1, 1998, to August 31, 2005.

98-413 August 31, 1998

Ponteix T.V. Club
Ponteix, Saskatchewan

Approved — Renewal of the Class 3 licence for the cable distribution undertaking serving Ponteix, from September 1, 1998, to August 31, 2005.

98-414 August 31, 1998

Quill Lake Satellite Association
Quill Lake, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Quill Lake, from September 1, 1998, to August 31, 2005.

98-415 August 31, 1998

Community Communications Co-operative Ltd.
Rose Valley, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Rose Valley, from September 1, 1998, to August 31, 2005.

98-416 August 31, 1998

J.L.R. Systems Inc. Snowden and the rural municipality of Torch River, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Snowden and the rural municipality of Torch River, from September 1, 1998, to August 31, 2005.

98-417 August 31, 1998

The Village of Tantallon
Tantallon, Saskatchewan

Approved — Renewal of the broadcasting licence for the radiocommunication distribution undertaking serving Tantallon, from September 1, 1998, to August 31, 2005.

98-418 August 31, 1998

Lillooet Camelsfoot T.V. Association
Riley Creek, British Columbia

Francis Laceese
Riske Creek (Toosey Indian Reserve), British Columbia

Renewed - Broadcasting licences for the radiocommunication distribution undertakings serving these localities, from September 1, 1998, to February 28, 1999.

98-419 August 31, 1998

La Coopérative des Montagnes ltée
Edmundston, New Brunswick

Approved — Renewal of the licence for Type B community radio programming undertaking CFAI-FM Edmundston, from September 1, 1998, to August 31, 2005.

Approved — Application to decrease the level of category 3 musical selections from 6.6 percent to 4 percent as a proportion of its overall musical programming.

98-420 August 31, 1998

Radio Communautaire de Châteauguay inc.
Châteauguay, Quebec

Approved — Renewal of the licence for Type B community radio programming undertaking CHAI-FM Châteauguay, from September 1, 1998, to August 31, 2005.

Approved — Application to increase the amount of locally-produced programs from 84 hours to 115 hours each week.

98-421 August 31, 1998

Radio Communautaire du Saguenay inc.
Jonquière, Quebec

Approved — Renewal of the licence for Type B community radio programming undertaking CKAJ-FM Jonquière, from September 1, 1998, to August 31, 2005.

98-422 August 31, 1998

La Radio Communautaire du Comté
Rimouski and Mont-Joli, Quebec

Approved — Renewal of the licence for Type B community radio programming undertaking CKMN-FM Rimouski and Mont-Joli, from September 1, 1998, to August 31, 2005.

Approved — Application to decrease the minimum level of Canadian content for category 3 music from 30 percent to 10 percent.

98-423 August 31, 1998

Radio Nord-Joli inc.
Saint-Gabriel-de-Brandon, Quebec

Approved — Renewal of the licence for Type B community radio programming undertaking CFNJ-FM Saint-Gabriel-de-Brandon, from September 1, 1998, to August 31, 2005.

98-424 August 31, 1998

Cat Lake Economic Development Corporation
Cat Lake, Ontario
Eabametoong Cable TV Inc.
Eabametoong (Fort Hope), Ontario

Renewed — Broadcasting licences for the undertakings noted above, from September 1, 1998, to August 31, 1999.

98-425 August 31, 1998

Northern Native Broadcasting (Terrace, B.C.)
Aiyansh, Alexandria, etc., British Columbia

Renewed - Broadcasting licences for the radio programming undertakings listed in the decision, from September 1, 1998, to August 31, 1999.

98-426 August 31, 1998

Television Northern Canada Incorporated
Iqaluit, Northwest Territories

Renewed — From September 1, 1998, to August 31, 1999, the broadcasting licences held by Television Northern Canada Incorporated (TVNC) for the television network distributing cultural, social, political and educational programming for the primary benefit of Aboriginal people in the north, and the radiocommunication distribution undertakings distributing this programming to various communities throughout Northern Canada.

98-427 August 31, 1998

Vidéotron ltée
Montréal and surrounding areas, Quebec

Approved — Renewal of the Class 1 licence for the cable distribution undertaking serving Montréal and surrounding areas, from September 1, 1998, to August 31, 2005.

Approved — Request to delete the condition of licence requiring the licensee to devote annually to the community channel, funding equal to at least 3.5 percent of its revenues from the base portion of basic monthly fees.

[37-1-o]

NAFTA SECRETARIAT

DECISION

Concrete Panels

Notice is hereby given, pursuant to rule 70 of the NAFTA Article 1904 Panel Rules, that the panel established to review the final determination made by the Canadian International Trade Tribunal, respecting concrete panels, reinforced with fiberglass mesh, originating in or exported from the United States of America and produced by or on behalf of Custom Building Products, its successors and assigns, for use or consumption in the Province of British Columbia or Alberta, issued its decision on August 26, 1998 (Secretariat File No. CDA-97-1904-01).

In the August 26, 1998, decision, the binational panel affirmed the investigating authority's determination respecting concrete panels, reinforced with fiberglass mesh, originating in or exported from the United States of America and produced by or on behalf of Custom Building Products, its successors and assigns, for use or consumption in the Province of British Columbia or Alberta.

Copies of the complete decision may be obtained from Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Canada K1A 0S9, (819) 956-4800 (Telephone), (819) 994-1498 (Facsimile).

Explanatory Note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in anti-dumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to expeditiously review final determinations to determine whether they are in accordance with the anti-dumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the North American Free Trade Agreement which came into force on January 1, 1994, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994.

Requests for information concerning the present notice, or concerning the NAFTA Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, North American Free Trade Agreement, Royal Bank Centre, Suite 705, 90 Sparks Street, Ottawa, Ontario K1P 5B4, (613) 992-9388.

CATHY BEEHAN
Canadian Secretary

[37-1-o]

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).