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Broadcasting Notice of Consultation CRTC 2013-663

PDF version

Ottawa, 9 December 2013

Notice of hearing

26 February 2014
Gatineau, Quebec

Deadline for submission of interventions/comments/answers: 27 January 2014

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

The Commission will hold a hearing on 26 February 2014 at 9:00 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider the following applications, subject to interventions, without the appearance of the parties:

Applicant and locality

1. Andrew Kowalchuk, on behalf of a corporation to be incorporated
Across Canada
Application 2013-1048-2

2. Cobequid Radio Society
Lower Sackville, Nova Scotia
Application  2013-0570-7

3. Hubbards Radio Society
Hubbards, Nova Scotia
Application 2013-1300-9

4. James Nelson, on behalf of a corporation to be incorporated
Kanesatake, Quebec
Application 2013-1280-1

5. My Broadcasting Corporation
Orangeville, Ontario
Application 2011-1173-1

6. R.B. Communications Ltd.
Welland, Ontario
Application 2012-1281-0

7. Justin Godin, on behalf of a corporation to be incorporated
French River, Ontario
Application 2013-1018-5

8. South Fraser Broadcasting Inc.
Edmonton, Alberta
Application 2013-0405-5

1. Andrew Kowalchuk, on behalf of a corporation to be incorporated
Across Canada
Application 2013-1048-2

Application by Andrew Kowalchuk, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national English-language specialty Category B service to be known as Cycle TV.

The applicant proposes to offer programming devoted to the world of cycling and its associated activities, including purchasing, cycling accessories, clothing options, training techniques and national/international cycling reports. The applicant also states that the service will focus on the lifestyle aspects of cycling, especially on health, cycle-related products and services, and cycle-related travel.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time: 2(a), 3, 5(b), 6(a), 6(b), 12, 13 and 14.

Applicant’s address:

90 Rockwell Avenue
Toronto, Ontario
M6N 1N8
Email: gfculley@gmail.com
Email to request electronic version of application: amkowalchuk@gmail.com

2. Cobequid Radio Society
Lower Sackville, Nova Scotia
Application 2013-0570-7

Application by Cobequid Radio Society for a broadcasting licence to operate an English-language community FM radio station in Lower Sackville.

The proposed station would operate on frequency 88.7 MHz (channel 204A1) with an effective radiated power of 250 watts (non-directional antenna with an effective height of antenna above average terrain of 25.1 metres).

This application is technically mutually exclusive with an application by Hubbards Radio Society (2013-1300-9), which will also be considered at this hearing.

This application was first scheduled to be heard at a hearing held on 5 November 2013 (Broadcasting Notice of Consultation 2013-448) but was withdrawn to be rescheduled at a later date.

The Commission will consider the interventions already accepted and filed on the public file for the 5 November 2013 hearing as well as other interventions received in the context of this hearing.

Applicant’s address:

60 Ahmadi Crescent
Bedford, Nova Scotia
B4A 4E5
Email: ianm486@gmail.com
Email to request electronic version of application: cobequidradio@gmail.com

3. Hubbards Radio Society
Hubbards, Nova Scotia
Application 2013-1300-9

Application by Hubbards Radio Society for a broadcasting licence to operate an English-language community FM radio station in Hubbards.

The proposed station would operate on frequency 88.7 MHz (channel 204A) with an effective radiated power of 1,080 watts (non-directional antenna with an effective height of antenna above average terrain of 150 metres).

The applicant proposes to broadcast a minimum of 120 hours of local programming per broadcast week.

This application is technically mutually exclusive with an application by Cobequid Radio Society (2013-0570-7), which will also be considered at this hearing.

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:

914 Highway 329
Hubbards, Nova Scotia
B0J 1T0
Email: info@covefm.com
Website to view the application: www.covefm.com
Email to request electronic version of application: info@covefm.com

4. James Nelson, on behalf of a corporation to be incorporated
Kanesatake, Quebec
Application 2013-1280-1

Application by James Nelson, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a low-power Type B Native FM radio station in Kanesatake, which would operate in the English and Mohawk languages.

The proposed station would operate on frequency 101.7 MHz (channel 269LP) with an average effective radiated power (ERP) of 11 watts (maximum ERP of 27 watts with an effective height of antenna above average terrain of 27.2 metres).

The applicant indicated that it would broadcast approximately 15 hours of spoken word and 68 hours of music programming for a total of 83 hours per broadcast week, all of which will be local. The applicant also stated that approximately 95% of the spoken word programming would be in the English-language with the remaining in the Mohawk language. The applicant stated that it would address the specific needs of the community to be served by devoting about 90% of its spoken word programming to news bulletins and about 15% of the music programming to music performed or composed by Aboriginal artists.

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:

505 Ahsennesen Street
Kanesatake, Quebec
J0N 1E0
Email:  james.nelson.1@gmail.com
Email to request an electronic version of the application:  james.nelson.1@gmail.com

5. My Broadcasting Corporation
Orangeville, Ontario
Application 2011-1173-1

Application by My Broadcasting Corporation for a broadcasting licence to operate an English-language commercial FM radio station in Orangeville.

The proposed station would operate on frequency 101.5 MHz (channel 268A) with an average effective radiated power (ERP) of 338 watts (maximum ERP of 625 watts with an effective height of antenna above average terrain of 55.1 metres).

The applicant proposes a gold-based Adult Contemporary music format.

This application was first scheduled to be heard at a hearing held on 7 May 2012 (Broadcasting Notice of Consultation 2012-126) but was withdrawn for further analysis in light of comments received. 

The Commission notes that the applicant has also identified an additional frequency that is available in Orangeville. Additional information in this respect has been added to the public record.

The Commission will consider the interventions and the related reply already accepted and placed on the public file for the 7 May 2012 hearing, as well as other interventions received in the context of this hearing.

Applicant’s address:

P.O. Box 961
Renfrew, Ontario
K7V 4H4
Fax: 877-840-6936
E-mail: andrew@myfmradio.ca
E-mail to request electronic version of application: orangeville@myfmradio.ca

6. R.B. Communications Ltd.
Welland, Ontario
Application 2012-1281-0

Application by R.B. Communications Ltd. for a broadcasting licence to operate an English-language commercial FM radio station in Welland.

The proposed station would operate on frequency 89.1 MHz (channel 206A) with an average effective radiated power (ERP) of 564 watts (maximum ERP of 3,100 watts with an effective height of antenna above average terrain of 130.5 metres).

The applicant proposes a Country 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:

860 Forks Road West
Welland, Ontario
L3B 5R6
Fax: 905-732-4780
Email: pstjohn@giantfm.com
Email to request electronic version of application: application@lbhmedialaw.com

7. Justin Godin, on behalf of a corporation to be incorporated
French River, Ontario
Application 2013-1018-5

Application by Justin Godin, on behalf of a corpoartion to be incorporated, for a broadcasting licence to operate an English-language low-power commercial FM radio station in French River.

The proposed station would operate on frequency 102.7 MHz (channel 274LP) with an effective radiated power of 42 watts (non-directional antenna with an effective height of antenna above average terrain of 66 metres).

The applicant is proposing a format comprised of pop, rock and dance, country and easy listening music.

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:

47 Gilbert Road
Alban, Ontario
P0M 1A0
Fax: 705-857-0853
Email: godin.j@hotmail.com
Website to view application: www.octavecom.ca/applications.html
Email to request electronic version of application: francois@octavecom.ca

8. South Fraser Broadcasting Inc.
Edmonton, Alberta
Application 2013-0405-5

Application by South Fraser Broadcasting Inc. for a broadcasting licence to operate an ethnic commercial AM radio station in Edmonton.

The proposed station would operate on frequency 580 kHz with a transmitter power of 10,000 watts day-time and night-time.

The Commission notes that the 580 kHz frequency will become available in Edmonton when CKUA Radio Foundation ceases operation of their AM transmitter, as directed in CKUA-FM Edmonton – Deletion of an AM transmitter, Broadcasting Decision CRTC 2013-483, 12 September 2013.

The applicant is willing to accept a condition of licence requiring it to direct ethnic programming to a minimum of 14 cultural groups in a minimum of 14 different languages per broadcast week.

The applicant indicates 100% of the total programming broadcast during the broadcast week would be devoted to ethnic programming and 86.5% would be devoted to third-language programming.

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:

Attention Steven Lukas
c/o Faksen Martineau
2900-550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Fax: 604-231-9717
Email: suki@sukibadh.com
Email to request electronic version of application: suki@sukibadh.com

Procedure

Deadline for interventions or answers

27 January 2014

The 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 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.

Parties must ensure that, before initiating service through electronic mode, 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 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, either on their websites or upon request by contacting the applicants 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 (2) 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

505 de Maisonneuve Boulevard West
Suite 205
Montréal, Quebec
H3A 3C2
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