Canadian Radio-television and Telecommunications Commission
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Broadcasting Notice of Consultation CRTC 2012-616

PDF version

Ottawa, 7 November 2012

Notice of hearing

18 January 2013
Gatineau, Quebec
Deadline for submission of interventions/comments/answers: 7 December 2012

[Submit an intervention/comment/answer or view related documents]

The Commission will hold a hearing beginning on 18 January 2013 at 11 a.m. at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. Subject to interventions, the Commission intends to consider the following applications, without the appearance of the parties:

Applicant/licensee and locality

1.  Newcap Inc.
Clarenville, Newfoundland and Labrador
Application 2012-0961-9

2.  Canadian Broadcasting Corporation
Paris, Ontario
Application 2012-0751-4

3.  Rangtel Inc.
Greater Toronto Area, including Aurora, King, Markham, Newmarket, Vaughan, Whitchurch-Stouffville, Ajax, Brock, Clarington, Oshawa, Pickering, Scugog, Uxbridge, Whitby, Burlington, Halton Hills, Milton, Oakville, Brampton, Caledon and Mississauga, Ontario
Application 2012-0967-7

4.  Newcap Inc.
Wainwright, Alberta
Application 2012-0935-4

5.  Newcap Inc.
Wainwright, Alberta
Application 2012-0943-7

1.   Newcap Inc.
Clarenville, Newfoundland and Labrador
Application 2012-0961-9

Application by Newcap Inc. for a broadcasting licence to operate an English-language commercial FM radio programming undertaking in Clarenville.

The new station would operate on frequency 97.1 MHz (channel 246A) with an effective radiated power of 2,500 watts and an effective height of antenna above average terrain of 21.2 metres.

The applicant proposes a Hot Adult Contemporary music format.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry at least twenty days prior to the hearing that the application is technically acceptable.

Applicant’s address:

745 Windmill Road
Dartmouth, Nova Scotia
B3B 1C2
Fax: 902-468-5661
Email: dmurray@ncc.ca
Website to view application: www.ncc.ca
E-mail to request electronic version of application: dmurray@ncc.ca

2.   Canadian Broadcasting Corporation
Paris, Ontario
Application 2012-0751-4

Application by the Canadian Broadcasting Corporation (CBC) for a broadcasting licence to operate an English-language FM radio programming undertaking in Paris.

The proposed FM station would replace CBC’s existing rebroadcasting transmitter CBLA-FM-2 Paris. The new station would continue to broadcast programming received from the CBC’s national Radio One network but would also broadcast a minimum of 12 hours and 30 minutes of local programming to Kitchener-Waterloo residents in each broadcast week. Local programming would consist of a mix of local, national and international news, up-to-date weather forecasts, road conditions, sports coverage, interviews and short documentaries.

The new FM station would operate under the same technical parameters as currently authorized for CBLA-FM-2.

Subject to approval of this application, the CBC also proposes to amend the broadcasting licence for the radio programming undertaking CBLA-FM Toronto by deleting the rebroadcasting transmitter CBLA-FM-2 Paris.

Applicant’s address:

181 Queen Street
Ottawa, Ontario
K1P 1K9
Fax: 613-288-6257
Email: regulatoryaffairs@cbc.ca
Email to request electronic version of application: regulatoryaffairs@cbc.ca

3.   Rangtel Inc.
Greater Toronto Area, including Aurora, King, Markham, Newmarket, Vaughan, Whitchurch-Stouffville, Ajax, Brock, Clarington, Oshawa, Pickering, Scugog, Uxbridge, Whitby, Burlington, Halton Hills, Milton, Oakville, Brampton, Caledon and Mississauga, Ontario
Application 2012-0967-7

Application by Rangtel Inc. for a broadcasting licence to operate a terrestrial broadcasting distribution undertaking to serve the above-noted locations in the Greater Toronto Area.

The applicant requests the following condition of licence:

The licensee is authorized to distribute, at its option, as part of the basic service, the signals WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC) and WUTV (FOX) Buffalo, New York or, alternatively for each signal, the signal of a different affiliate of the same network located in the same time zone as that of the licensed area and included in the List of non-Canadian programming services authorized for distribution, as amended from time to time.

Applicant’s address:

3000 Danforth Avenue
Unit 3, Suite 103
Toronto, Ontario
M4C 1M7
Fax: 647-723-9955
Email: markprasuhn@gmail.com
Website to view application: www.rangtel.com
Email to request electronic version of application: markprasuhn@gmail.com

4.   Newcap Inc.
Wainwright, Alberta
Application 2012-0935-4

Application by Newcap Inc. to amend the broadcasting licence for the radio programming undertaking CKWY-FM Wainwright.

The licensee proposes to change the authorized contours by decreasing the effective radiated power from 100,000 to 50,000 watts and increasing the effective height of the antenna above average terrain from 167 to 169.5 metres.

The licensee indicated that the purpose of this power reduction was to reduce the signal overlap between the Wainwright market and the adjacent Lloydminster market so as to allow CKKY Wainwright to be converted to the FM band.

The licensee indicated that this application was non-severable from application 2012-0943-7, also to be considered at this hearing, which seeks to convert CKKY Wainwright to the FM band.

Licensee’s address:

745 Windmill Road
Dartmouth, Nova Scotia
B3B 1C2
Fax: 902-468-5661
E-mail: dmurray@ncc.ca
Website to view application: www.ncc.ca
E-mail to request electronic version of application: dmurray@ncc.ca

5.   Newcap Inc.
Wainwright, Alberta
Application 2012-0943-7

Application by Newcap Inc. to convert the English-language commercial radio programming undertaking CKKY Wainwright to the FM band.

The new station would operate on frequency 101.9 MHz (channel 270C1) with an effective radiated power of 50,000 watts (non-directional antenna with an effective height of antenna above average terrain of 169.5 metres).

The applicant proposes to maintain the station’s current Country music format.

The applicant indicated that this application was non-severable from application 2012-0935-4, also to be considered at this hearing, seeking to reduce the power of CKWY-FM Wainwright.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry at least twenty days prior to the hearing that the application is technically acceptable.

Applicant’s address:

745 Windmill Road
Dartmouth, Nova Scotia
B3B 1C2
Fax: 902-468-5661
E-mail: dmurray@ncc.ca
Website to view application: www.ncc.ca
E-mail to request electronic version of application: dmurray@ncc.ca

Procedure

Deadline for interventions or answers

7 December 2012

The new Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277 (the Rules of Procedure), set out, among other things, the rules for content, format, filing and service of interventions and answers of respondents, the procedure for filing confidential information and requesting its disclosure, and the conduct of the public hearing. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and its accompanying documents, which can be found on the Commission’s website under “CRTC Rules of Practice and Procedure.”

An intervention or an answer from a respondent must be filed with the Commission and served on the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

In accordance with the Rules of Procedure, a document must be filed with, not merely sent to, the Commission by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. The Commission takes no responsibility for postal delays and will not notify a party whose submission is received after the deadline date. Late submissions will not be considered by the Commission and will not be made part of the public file.

The intervention or answer must include one of the following statements in either the first or the last paragraph:

1.  I request to appear at the public hearing.

2.  I do not want to appear at the public hearing.

The applicant, respondents and interveners are permitted to coordinate, organize and file, in a single submission, interventions of other interested persons who share their position but do not wish to appear at the hearing as a “Joint Supporting Intervention.” More information on how to do so and a template for the covering letter to be filed by the parties can be found in Changes to certain practices for filing interventions – Expansion of filing practices to include the filing of joint supporting comments for broadcasting policy proceedings, Broadcasting Information Bulletin CRTC 2010-28-1, 10 December 2010.

Interventions and answers will be considered by the Commission and will form part of the public record of the proceeding without further notification to parties, provided the procedures set out in the Rules of Procedure and this notice have been followed. Parties will be contacted only if their submissions raise procedural questions.

Submissions must be filed by sending them to the Secretary General of the Commission by only one of the following means:

by using the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents, as it may be difficult to establish that service has occurred.

Before initiating service through electronic mode, parties must ensure that they will be able to satisfy the Commission, upon request, that service was completed. The sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed.

Submissions longer than five pages should include a summary.

Each paragraph of the submission should be numbered. In addition, where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been altered during electronic transmission.

Interventions and answers must clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

In the event that an application to be considered during the non-appearing phase of the hearing is brought to an oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions or answers are not sufficient and why an appearance is necessary. Parties requiring communication support must state their request on the first page of their intervention. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, facsimile, e-mail or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, e-mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

The Commission encourages parties and interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Examination of documents

An electronic version of the applications is available on the Commission’s website by selecting the application number within this notice. It is also available from the applicants/licensees, either on their websites or upon request by contacting the applicants/licensees at their email addresses provided above.

A list of all interventions and answers will also be available on the Commission’s website. The list is accessible by selecting “View all proceedings open for comment” from the “Public Proceedings” section of the Commission’s website and clicking on the “Interventions/Answers” link associated with this notice.

Documents are also available during normal office hours at the Commission offices and documentation centres directly involved with these applications or upon request within two working days at any other Commission offices and documentation centres.

Location of Commission offices

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage, Room 206
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional offices

Nova Scotia

Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

Quebec

205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel.: 514-283-6607

Ontario

55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096

Manitoba

360 Main Street
Suite 970
Winnipeg, Manitoba
R3C 3Z3
Tel.: 204-983-6306
Fax: 204-983-6317

Saskatchewan

2220 – 12th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422

Alberta

100 – 4th Avenue South-West
Suite 403
Calgary, Alberta
T2P 3N2
Tel.: 403-292-6660
Fax: 403-292-6686

British Columbia

858 Beatty Street
Suite 290
Vancouver, British Columbia
V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General