Order Declining to Set Aside Decision CRTC 96-479 (SI/96-92)

Regulations are current to 2013-05-20

Order Declining to Set Aside Decision CRTC 96-479

SI/96-92

BROADCASTING ACT

Registration 1996-10-30

Order Declining to Set Aside Decision CRTC 96-479

P.C. 1996-1583 1996-10-11

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 the Governor in Council by Order in Council P.C. 1996-356 of March 19, 1996Footnote a referred back the said decisions to the Commission for reconsideration and hearing;

Whereas the Governor in Council was of the opinion that it was 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;

Whereas the Canadian Radio-television and Telecommunications Commission after holding a hearing and reconsidering Decisions CRTC 95-911, CRTC 95-912, CRTC 95-913 and CRTC 95-914 rendered Decision CRTC 96-479 on August 23, 1996 confirming the said Decisions;

Whereas subsequent to the rendering of Decision CRTC 96-479 the Governor in Council has received petitions requesting that the said Decision be set aside;

And Whereas the Governor in Council, having considered the petitions, is of the opinion that it is not in the public interest to set aside Decision CRTC 96-479;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to subsection 28(4) of the Broadcasting Act, hereby declines to set aside Decision CRTC 96-479.