Vol. 137, No. 29 — July 19, 2003
COMMISSIONS
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
EDP Hardware and Software
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2003-001) on July 7, 2003, with respect to a complaint filed by Bajai Inc. (the complainant), of Ottawa, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. EN994-025243/B) by the Department of Public Works and Government Services (PWGSC). The solicitation was for the provision of an Internet filtering device.
The complainant alleged that, contrary to the relevant trade agreements, the specifications contained in the solicitation were biased in favour of another supplier; the evaluation methodology favoured incumbent solutions; the RFP contained insufficient information; and PWGSC made use of option clauses to avoid competitive procurement obligations.
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 not valid.
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, July 8, 2003
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Professional, Administrative and Management Support Services
The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2003-030) from Lemmex Group Inc. (Lemmex), of Ottawa, Ontario, concerning a procurement (Solicitation No. CCAB-3-0039) by the Department of Public Works and Government Services (PWGSC) on behalf of Consulting and Audit Canada. The solicitation is for the development and delivery of training courses on contract administration. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into the complaint.
Lemmex alleged that PWGSC incorrectly evaluated its proposal as non-compliant with a mandatory requirement.
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, July 10, 2003
MICHEL P. GRANGER
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 G-5, 1 Promenade du Portage, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);
— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), 426-6997 (TDD), (902) 426-2721 (Facsimile);
— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), 983-8274 (TDD), (204) 983-6317 (Facsimile);
— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), 666-0778 (TDD), (604) 666-8322 (Facsimile);
— C.R.T.C. Documentation Centre, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);
— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);
— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile);
— C.R.T.C. Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (780) 495-3224 (Telephone), (780) 495-3214 (Facsimile).
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 text of the decisions summarized below is available from the offices of the CRTC.
2003-139-1 July 8, 2003
Rogers Cable Inc. and Rogers Cablesystems Ontario Limited
Kitchener and Guelph, Ontario
The Commission corrects Decision CRTC 2003-139 dated May 2, 2003, in which paragraph 3 should have read:
The Commission expects that Rogers Cablesystems Ontario Limited will request the revocation of its licence to serve Guelph.
2003-218 July 8, 2003
Canadian Broadcasting Corporation
Moncton, New Brunswick
Approved — Extension of the time limit to commence the operation of the new transmitter at Fredericton/Saint John of CBAL-FM Moncton, until April 30, 2004.
2003-219 July 8, 2003
Canadian Broadcasting Corporation
Calgary, Alberta
Approved — Extension of the time limit to commence the operation of the new transmitter at Edmonton of CBCX-FM Calgary, until April 30, 2004.
2003-220 July 8, 2003
Canadian Broadcasting Corporation
Québec, Quebec
Approved — Extension of the time limit to commence the operation of the new transmitters of CBVX-FM Québec, until April 30, 2004.
2003-221 July 8, 2003
Bluewater Community Radio
Hanover, Ontario
Approved — Change of the authorized contours of CFBW-FM Hanover.
2003-222 July 8, 2003
Michael Hotsco
Wadena, Saskatchewan
Approved — Change of the authorized contours of the FM radio programming undertaking.
2003-223 July 8, 2003
Newcap Inc.
Corner Brook and Stephenville, Newfoundland and Labrador
Approved — Increase of the effective radiated power of CKXX-FM-1 Stephenville, from 4 watts to 12 watts, and change of the authorized contours.
2003-144-1 July 9, 2003
Phil Wintemute, Telecommunications Manager, Department of Highways and Public
Works, Government of Yukon, and his successors
Horse
Camp Hill, Yukon Territory
The Commission corrects Decision CRTC 2003-144 dated May 7, 2003, in which paragraph 6 should have read:
The licence will expire on August 31, 2009, and will be subject to the same terms and conditions as those in effect under the existing licence.
2003-224 July 9, 2003
Radio Communautaire de Châteauguay inc.
Châteauguay, Quebec
Approved — Increase of the effective radiated power of the radio programming undertaking CHAI-FM Châteauguay, from 50 watts to 100 watts.
2003-88-1 July 11, 2003
The Score Television Network Ltd.
Across Canada
The Commission corrects Decision CRTC 2003-88 dated March 7, 2003, in which paragraphs 8 and 10 should have read:
8. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) "Sex-role portrayal code for television and radio programming," as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council (CBSC).
10. The licensee shall adhere to the guidelines on the depiction of violence in television programming set out in the CAB's "Voluntary code regarding violence in television programming", as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the CBSC.
2003-225 July 11, 2003
Rogers Broadcasting Limited
Kitchener, Ontario
Approved — Renewal of the broadcasting licence for the radio programming undertaking CHYM-FM Kitchener, from September 1, 2003, to August 31, 2010.
2003-226 July 11, 2003
Rock 95 Broadcasting (Barrie-Orillia) Ltd.
Barrie, Ontario
Approved — Renewal of the broadcasting licence for the radio programming undertaking CFJB-FM Barrie, from September 1, 2003, to August 31, 2010.
2003-227 July 11, 2003
Corus Radio Company
Woodstock, Ontario
Approved — Renewal of the broadcasting licence for the radio programming undertaking CKDK-FM Woodstock, from September 1, 2003, to August 31, 2010.
2003-228 July 11, 2003
CKIK-FM Limited
Calgary, Alberta
Approved — Renewal of the broadcasting licence for the radio programming undertaking CHQR Calgary, from September 1, 2003, to August 31, 2010.
2003-229 July 11, 2003
Corus Radio Company
Edmonton, Alberta
Approved — Renewal of the broadcasting licence for the radio programming undertaking CISN-FM Edmonton, from September 1, 2003, to August 31, 2010.
2003-230 July 11, 2003
Newcap Inc.
Edmonton, Alberta
Approved — Renewal of the broadcasting licence for the radio programming undertaking CKRA-FM Edmonton, from September 1, 2003, to August 31, 2010.
2003-231 July 11, 2003
Cariboo Central Interior Radio Inc.
Prince George, British Columbia
Approved — Renewal of the broadcasting licence for the radio programming undertaking CJCI Prince George, from September 1, 2003, to August 31, 2010.
2003-232 July 11, 2003
O.K. Radio Group Ltd.
Fort McMurray, Alberta
Approved — Renewal of the broadcasting licence for the radio programming undertaking CKYX-FM Fort McMurray, from September 1, 2003, to August 31, 2010.
2003-233 July 11, 2003
CHUM Limited
Kitchener, Ontario
Approved — Renewal of the broadcasting licence for the radio programming undertaking CFCA-FM Kitchener, from September 1, 2003, to August 31, 2010.
2003-234 July 11, 2003
Corus Radio Company
Barrie, Ontario
Approved — Renewal of the broadcasting licence for the radio programming undertaking CHAY-FM Barrie, from September 1, 2003, to August 31, 2010.
2003-235 July 11, 2003
Rogers Broadcasting Limited
Kitchener, Ontario
Approved — Renewal of the broadcasting licence for the radio programming undertaking CKGL Kitchener, from September 1, 2003, to August 31, 2010.
2003-236 July 11, 2003
Jim Pattison Industries Ltd.
Medicine Hat, Alberta
Approved — Renewal of the broadcasting licence for the radio programming undertaking CHAT Medicine Hat, from September 1, 2003, to August 31, 2010.
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION
PUBLIC NOTICE 2002-50-1
Further to its Broadcasting Public Notice CRTC 2002-50 dated August 28, 2002, the Commission announces the following:
At the request of the applicant, the following item is withdrawn from this public notice
Item 2
The Sports Network Inc.
Across Canada
To amend the licence of the national Category 1 specialty television service
known as WTSN.
July 9, 2003
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION
PUBLIC NOTICE 2003-34
The Commission has received the following applications:
1. La Magnétothèque
Across Canada
To renew the licence of the French-language national audio programming undertaking expiring August 31, 2003.
2. Yves Sauvé (OBCI)
Saint-Nicolas, Quebec
For an extension of the time limit to commence the
operation of the new radio station at Saint-Nicolas, approved in Decision
CRTC 2000-417.
3. Radio du Golfe Inc.
Sainte-Anne-des-Monts and Gros-Morne, Quebec
To amend the licence of radio programming undertaking CJMC-FM Sainte-Anne-des-Monts.
4. CHCD Inc.
Simcoe, Ontario
To amend the licence of radio station CHCD-FM Simcoe.
5. Standard Radio Inc.
Hamilton and London, Ontario;
Calgary, Alberta; and
Richmond, British Columbia
To amend the licences of radio stations CKOC Hamilton, CKSL London, CKMX
Calgary, and CISL Richmond.
6. Missinnippi River Native Communications Inc.
Pukatawagan, Manitoba
To renew the licence of the MDS radiocommunication distribution undertaking serving Pukatawagan expiring August 31, 2003.
7. Rogers Broadcasting Limited
Winnipeg, Manitoba
To amend the licence of the radio station at Winnipeg.
8. Radio Station CKPG Limited
Prince George and MacKenzie, British Columbia
To amend the broadcasting licence for its radio programming undertaking CKDV-FM Prince George.
Deadline for intervention: August 12, 2003
July 8, 2003
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION
PUBLIC NOTICE 2003-35
Exemption orders respecting certain classes of low-power and very low-power programming undertakings.
July 10, 2003
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION
PUBLIC NOTICE 2003-36
Call for comments on proposals for the addition of non-Canadian satellite services to the list of services eligible for digital distribution
Background
1. The Commission received requests from three separate Canadian sponsors for the addition of 15 non-Canadian satellite services to the list of satellite services eligible for digital distribution. A brief description of each service, as provided by the sponsor or sponsors, is set out in the appendix to this public notice, along with the name and address of each sponsor.
2. In "Call for proposals to amend the lists of eligible satellite services through the inclusion of additional non-Canadian services eligible for distribution on a digital basis only," Public Notice CRTC 2000-173, December 14, 2000 (Public Notice 2000-173), the Commission invited proposals to amend the lists of eligible satellite services (the lists) through the inclusion of additional non-Canadian programming services that would be authorized for distribution on a digital basis only. The Commission also stated in Public Notice 2000-173 that any such requests must include the following:
— evidence that the non-Canadian service has agreed to be sponsored by the Canadian party filing the proposal;
— a statement from the service provider that it has obtained all necessary rights for distribution of its programming in Canada;
— a brief description of the service;
— a copy of the current program schedule;
— evidence of potential demand, as gathered through discussions with distributors; and
— an undertaking from the non-Canadian service provider that it does not hold, will not obtain, nor will it exercise, preferential or exclusive programming rights in relation to the distribution.
3. With respect to these requests for the addition of non-Canadian satellite services to the lists, the Commission is satisfied that the supporting information required by Public Notice 2000-173 has been provided and that it is appropriate to call for comments at this time. While one of the programming services, Eurochannel, has not yet obtained all of the rights required to distribute its programming in Canada, its sponsor indicated that, if the request is approved, Eurochannel will obtain all such rights before its signal is made available in Canada.
4. As stated in Public Notice 2000-173, the Commission intends to assess the current requests in the context of its general policy which, among other things, precludes the addition of new non-Canadian satellite services that can be considered either totally or partially competitive with Canadian specialty or pay television services.
5. In applying this policy, the Commission will take into account the descriptions of all specialty and pay television programming undertakings whose licence applications have been approved by the Commission to date. These include all analog specialty television and pay television services as well as the Category 1 and Category 2 specialty programming services approved in Decisions CRTC 2000-449 through 2000-731 and all other Category 2 services licensed to date.
Call for comments
6. Interested parties wishing to file comments on any of the sponsored non-Canadian services listed in the appendix to this public notice are invited to do so. Commenting parties should also submit a true copy of their comments to the appropriate Canadian sponsor, or sponsors if there is more than one for a given service, at the addresses provided in the appendix. Proof that comments have been sent to sponsors must accompany the original of the comments sent to the Commission.
7. Comments must be received by the CRTC and by the Canadian sponsors on or before August 11, 2003.
8. Parties should clearly identify the request or requests to which their comments apply. They should also indicate whether they support, oppose, or propose changes to the requests, and should include the facts and grounds therefor.
9. Sponsors may file a written reply to any comments received concerning their requests. Such replies should be filed with the Commission, and a copy sent to the person who submitted the comments, by no later than September 11, 2003.
10. The Commission will not formally acknowledge comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out in the notice have been followed.
July 11, 2003
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