Order Declining to Set Aside or to Refer Back to the CRTC Certain Decisions Respecting Various Undertakings (SI/96-28)

Regulations are current to 2013-04-29

Order Declining to Set Aside or to Refer Back to the CRTC Certain Decisions Respecting Various Undertakings

SI/96-28

BROADCASTING ACT

Registration 1996-04-03

Order Declining to Set Aside or to Refer Back to the CRTC Certain Decisions Respecting Various Undertakings

P.C. 1996-356 1996-03-19

Whereas the Canadian Radio-television and Telecommunications Commission rendered Decisions CRTC 95-911, CRTC 95-912, CRTC 95-913 and CRTC 95-914 on December 20, 1995, issuing broadcasting licences to, respectively: DMX Canada (1995) Ltd.; Peter Kruyt on behalf of a company to be incorporated; Canadian Satellite Communications Inc., Westcom Radio Group Ltd. and Pelmorex Radio Inc., partners in a partnership to be known as CWP Partnership; and the Canadian Broadcasting Corporation, to carry on new pay audio programming undertakings;

Whereas subsequent to the rendering of Decisions CRTC 95-911, CRTC 95-912, CRTC 95-913 and CRTC 95-914, the Governor in Council has received petitions requesting that Decisions CRTC 95-911 and CRTC 95-912 be set aside or referred back to the Commission for reconsideration and hearing by the Commission;

And Whereas the Governor in Council is satisfied that the Decisions CRTC 95-911, CRTC 95-912, CRTC 95-913 and CRTC 95-914 derogate from the attainment of the objectives of the broadcasting policy set out in subsection 3(1) of the Broadcasting Act, and in particular paragraph 3(1)(f);

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Communications pursuant to section 28 of the Broadcasting Act, hereby refers Decisions CRTC 95-911, CRTC 95-912, CRTC 95-913 and CRTC 95-914 of December 20, 1995, back to the Canadian Radio-television and Telecommunications Commission for reconsideration and hearing by the Commission.

The Governor in Council is of the opinion that it is material to the reconsideration and hearing that the Commission fully assess the availability of Canadian recorded music in the formats utilized in digital audio services and examine:

  • (a) if the pay audio programming undertakings should make greater use of Canadian music content to conform with levels similar to those required of over-the-air radio broadcasting; and

  • (b) if the requirements for Canadian content and music selections in the French language should be based on the total number of channels distributed instead of on the number of Canadian-produced pay audio channels.