Vol. 132, No. 50 — December 12, 1998

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-98-009

Appeals

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearings will be held as scheduled.

Customs Act
Appellant v. Respondent (Deputy Minister of National Revenue)
January 1999

Date	Appeal Number	Appellant
6	AP-98-049 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Soprema Inc. Cold applied primers, known commercially as Elastocol 500, Apprêt Intérieur and Apprêt Extérieur April 1, 1996, to January 25, 1997 2715.00.90 3210.00.00 and 3208.90.00
7	AP-98-043 Goods in Issue: Date of Entry: Tariff Items at Issue Appellant: Respondent:	Regal Confections Inc. Toy baby bottles filled with candy November 6, 1995 9503.90.00 1704.90.90
7	AP-98-044 Goods in Issue: Date of Entry: Tariff Items at Issue Appellant: Respondent:	Regal Confections Inc. Electro-mechanical motorized toy candy dispenser, called Power Pez November 29, 1996 9503.80.90 1704.90.90
7	AP-98-051 Goods in Issue: Date of Entry: Tariff Items at Issue Appellant: Respondent:	Regal Confections Inc. Toy banks shaped like a duck March 10, 1997 9503.90.00 3923.90.90
11	AP-98-053 Goods in Issue: Date of Entry: Tariff Items at Issue Appellant: Respondent:	Reha Enterprises Ltd. OMBRA brand-name bath/ shower gels December 12, 1995 3401.11.00 or 3401.20.90 3307.90.00
11	AP-98-054 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Cosmetic Import Co. Limited FA brand-name shower gels April 1 to December 3, 1996 3401.11.00 or 3401.20.90 3307.90.00
18	AP-92-298, AP-92-348, AP-92-380, AP-93-038, AP-93-121, AP-95-144 and AP-95-221 Goods in issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Mueller Canada Inc. Valves January 1, 1988, to December 3, 1991 8481.80.99 8481.80.91
18	AP-93-027 Goods in issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Valgro Ltd. Valves August 22, 1988, to June 12, 1992 8481.80.99 8481.80.91

December 4, 1998

By Order of the Tribunal

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

OPINION

Prepared Baby Food and Strained Juice

In the matter of an opinion of the Canadian International Trade Tribunal, under section 45 of the Special Import Measures Act, resulting from Inquiry No. NQ-97-002 conducted under section 42 of the Special Import Measures Act respecting whether the imposition of anti-dumping duties, or the imposition of such duties in the full amount, on prepared baby foods, containing finely homogenized vegetables, fruit and/or meat which may include some visible pieces of not more than 6.5 mm in size, and strained juice, put up for retail sale as food and beverages for infants of ages 4 to 18 months, in containers of a net volume not exceeding 250 ml, excluding organic baby food and frozen baby food preparations, originating in or exported from the United States of America, would not or might not be in the public interest (Public Interest Investigation No. PB-98-001)

The Canadian International Trade Tribunal herewith reports to the Minister of Finance under section 45 of the Special Import Measures Act that it is of the opinion that the imposition of the anti-dumping duties in the full amount, in respect of the above-mentioned goods, is not in the public interest and further recommends as follows:

— that the anti-dumping duties on certain prepared baby food imported from the United States be reduced;

— that a minimum domestic market resale price for imports of certain prepared baby food from the United States be used for the implementation of an anti-dumping duty reduction;

— that the specific minimum domestic market resale prices for imports be kept confidential;

— that a specific minimum domestic market resale price for each category of certain prepared baby food imported from the United States be established as presented in the confidential appendix;

— that, when the minimum domestic market resale price for imports exceeds the actual resale price, penalties be set equal to the difference between the two; and

— that the minimum domestic market resale prices for imports be indexed on an annual basis, using the "Food Purchased from Stores" component of the Consumer Price Index.

Ottawa, November 30, 1998

SUSANNE GRIMES
Acting 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:

— 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 NOTICE 1998-116-1

Further to its Public Notice CRTC 1998-116 dated November 6, 1998, the Commission announces that the following item is amended and the change is underlined:

Item 1
Paris, Ontario
Canadian Broadcasting Corporation

To amend the broadcasting licence of the (radio) programming undertaking CBL-FM Toronto by adding a transmitter at Paris to operate on frequency 90.7 MHz (channel 214B) with an effective radiated power of 4 000 watts.

Examination of application: 139 Grand River Street North Paris, Ontario

Deadline for intervention: December 14, 1998

November 30, 1998

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1998-127

Western Canada and Territories Region

1. Prince Rupert, Terrace, Kitimat, Hazelton, Smithers and
Houston, British Columbia
Okanagan Skeena Group Limited

For authority to add the signal of Radio Television Portugal International ("RTP") as part of the basic service of the cable distribution undertaking serving the above-mentioned localities. The Commission notes that the service will be offered at no additional cost to the subscribers.

In addition, as part of this process, the Commission will also wish to consider whether or not it would be appropriate to make an exception to the moratorium announced in Public Notice CRTC 1997-33-2, dated December 11, 1997, in the case of RTP by adding this service to its Lists of Eligible Satellite Services (Part 2 and Part 3) and to the List of DTH Eligible Satellite Services.

Deadline for intervention: January 8, 1999

December 3, 1998

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1998-128

Call for Applications for a Broadcasting Licence to Carry on an FM (Radio) Programming Undertaking to Serve London and Area, Ontario

On May 14, 1998, in Notice of Public Hearing CRTC 1998-3, the Commission announced an application by Affinity Radio Group Inc. for a broadcasting licence to carry on an English-language FM radio programming undertaking at London, operating on a frequency of 102.3 MHz (channel 272B) with an effective radiated power of 4 600 watts. The application was to be considered at a hearing on July 20, 1998.

The Commission received several interventions from parties which expressed interest in filing FM radio applications for the use of the 102.3 MHz frequency.

The Commission notes that, according to the Canadian FM Broadcasting Allotment Plan published by Industry Canada, channel 272B/frequency 102.3 MHz is the last available allotment at Woodstock, Ontario, and that there are no FM frequencies available for assignment in London.

In view of the foregoing, the application by Affinity Radio was removed from the agenda of the July hearing.

In fairness to all parties, the Commission has determined that a call for FM radio applications to serve the London area is appropriate and in the public interest. Accordingly, the Commission hereby calls for applications from parties wishing to obtain an FM broadcasting licence to serve the London area, using frequency 102.3 MHz or any other frequency that may be suitable to serve this area.

Persons interested in submitting such an application are required to file a letter of intent no later than January 8, 1999, followed by a formal application to the Commission no later than February 5, 1999, and are also required to submit all necessary technical documentation to the Department of Industry by the same date.

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the viability of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.

In light of rapidly evolving industry conditions, the Commission will be concerned with the financial capability of the applicants, and the viability of the proposed service.

Applicants will be required to provide evidence, giving clear indication of the demand and market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The expected audience of the proposed service, and its impact on the audiences of existing radio stations.

3. The proposed expenditures and the means by which the applicant will promote the development of Canadian talent, including local and regional talent.

4. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates as well as the impact on advertising revenues of existing radio stations.

5. Clear evidence of financial viability consistent with the requirements established in the applicant's financial estimates.

6. Clear evidence of the financial viability of investors involved. For the convenience of applicants, the Commission has available upon request a document entitled "Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing".

The Commission also reminds applicants that they should take into consideration the eligibility requirements set out in the P.C. 1997-486 dated April 8, 1997, Direction to the CRTC (Ineligibility of Non-Canadians), as amended by P.C. 1998-1268 dated July 15, 1998, and in P.C. 1985-2108 dated June 27, 1985, Direction to the CRTC (Ineligibility to Hold Broadcasting Licences).

The Commission will announce, at a later date, the time and place of the public hearing where applications will be considered and where they may be examined by the public.

There are a number of Commission policies affecting radio that are scheduled to come under review in the upcoming months. These matters, noted in the Commission's April 1998 Vision Action Calendar, include a review of the Commission's policies for campus and community radio, as well as of its policy for ethnic broadcasting. Changes to policies that might follow these reviews could be of significance to parties interested in providing a radio service. Parties who find themselves constrained in their ability to finalize their plans to submit an application due to possible changes in the Commission's policies may express their concerns to the Commission in writing. The Commission will then take any such views received into account in scheduling upcoming public hearings.

Notice of each application will also be published in newspapers of general circulation within the area to be served.

The public will be given the opportunity to comment on any application by submitting written interventions to the undersigned, and by serving a true copy of the interventions on the applicants at least 25 days before the date of the hearing.

December 4, 1998

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1998-129

Ontario Region

1. Brantford, Ontario
Telephone City Broadcast Limited

To amend the broadcasting licence of the (radio) programming undertaking CKPC-AM Brantford, by adding an FM transmitter approximately 30 kilometres south of Brantford at Simcoe, operating on a frequency of 98.9 MHz (channel 255A) with an effective radiated power of 1 090 watts.

Deadline for intervention: January 11, 1999

December 4, 1998

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

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

98-515 December 2, 1998

Tri-Co Broadcasting Limited
Cornwall, Ontario

Approved — Increase of the effective radiated power for CFLG-FM Cornwall, from 9 500 watts to 30 000 watts.

98-516 December 2, 1998

Canadian Broadcasting Corporation
Toronto and Peterborough, Ontario

Approved — Change in the frequency of transmitter CBCP-FM Peterborough from 93.5 MHz (channel 228B) to 98.7 MHz (channel 254B) and decrease of the effective radiated power from 10 400 watts to 10 170 watts.

98-517 December 2, 1998

Redmond Broadcasting Inc.
Simcoe, Ontario

Approved — Increase of the effective radiated power for CHCD-FM Simcoe, from 3 320 watts to 3 420 watts.

98-518 December 2, 1998

Robson Valley Entertainment Association
McBride, British Columbia

Approved — Addition of a low-power television transmitter to distribute, in non-encrypted mode, the programming service of The Sports Network.

98-519 December 2, 1998

Canadian Broadcasting Corporation
Inuvik and Aklavik, Northwest Territories

Approved — Change in the frequency of transmitter CBAK Aklavik, from 540 kHz to 1 210 kHz.

98-520 December 2, 1998

Canadian Broadcasting Corporation
Inuvik and Tulita (formerly Fort Norman), Northwest Territories

Approved — Increase of the transmitter power of transmitter CBQI Tulita, from 40 watts to 99 watts.

98-521 December 2, 1998

Canadian Broadcasting Corporation Yellowknife, Fort Smith and Fort Providence, Northwest Territories

Approved — Increase of the transmitter power of the transmitters CBDI Fort Smith and CBQC Fort Providence, from 40 watts to 99 watts.

98-522 December 2, 1998

Seaway Campus Community Radio Station Iroquois, Ontario

Approved — Broadcasting licence for a low-power English-language FM community radio programming undertaking at Iroquois, expiring August 31, 2005.

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