Canadian Radio-television and Telecommunications Commission | Conseil de la radiodiffusion et des télécommunications canadiennes

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Application to Obtain a Broadcasting Licence to Operate a Commercial Radio Undertaking (including low-power) - Form 101

GENERAL INSTRUCTIONS


 
1. Filing
 

 		 File electronically via Access Key by attaching the application to the Cover page. Access Key allows secure transmissions to the Commission and also authenticates your identity. Therefore, a signature is not required when using Access Key. Applicants who file their application in this manner are not required to submit a hard copy of the application and its related documents.
 
 
 		 Applicants who cannot send their application electronically with the Access Key service or who need further information relative to the CRTC processes can contact the Commission at 1-877-249-CRTC (2782).
 
2.
 		 Instructions
 

 		 The following questionnaire is in HTML format and may be downloaded to the word processing software of your choice. This enables you to complete the downloaded questionnaire by inserting your response in bold letters immediately following the question. You may add lines to the tables if necessary but do not alter or delete any text from the questionnaire.
 
  The application must be divided into sections as set out in the questionnaire, and include the numbered questions followed by the corresponding response. Responses must be provided, at a minimum, in a size 10 font.
 
 

Naming convention for the electronic documents
 

 		 The following documents should be submitted as separate electronic documents using the naming convention specified below. The document number (Doc#) indicates the ascending order in which the documents should appear on the public file.
 

 		  
  • The Covering Letter (if any) - APP - Doc1 - Cover Letter dated ____
  • The Application Form - APP - Doc2 - Form 101 "Application to Obtain a Broadcasting Licence to Operate a Commercial Radio Undertaking (including low-power)
  • Appendix 1 - APP - Doc3 - Appendix 1 - Supplementary Brief
  • Appendix 2A - APP - Doc4 - Appendix 2A - Ownership Information
  • Appendix 2B - APP - Doc5 - Appendix 2B - Control Statement and Agreements
  • Appendix 2C - APP - Doc6 - Appendix 2C - Corporate Documents
  • Appendix 3 - APP - Doc7 - Appendix 3 - Consolidation & Cross-Media
  • Appendix 4A - APP - Doc8 - Appendix 4A - Proof that technical documents were filed with Industry Canada
  • Appendix 4B - APP - Doc9 - Appendix 4B - Map - Conversion from AM to FM
  • Appendix 4C - APP - Doc10 - Appendix 4C - Map: Low Power AM
  • Appendix 4D - APP - Doc11 - Appendix 4D - Map: Low Power FM  
  • Appendix 4E - APP - Doc12 - Appendix 4E - Maps Required in Technical Brief
  • Appendix 4F - APP - Doc13 - Appendix 4F - Map - Realistic Contours
  • Appendix 4G - APP - Doc14 - Appendix 4G - Documentation - Availability of Proposed Transmitter Site(s)
  • Appendix 4H - APP - Doc15 - Appendix 4H - Documentation - Technical Suitability of Proposed Transmitter Site(s)
  • Appendix 5A - APP - Doc16 - Appendix 5A - Letter of Financing from Third Party Institution
  • Appendix 5B - APP - Doc17 - Appendix 5B - Statement of Net Worth
  • Appendix 5C & 5D - APP - Doc18 - Appendix 5C & 5D - Financial Statements
  • Appendix 8A - APP - Doc19 - Appendix 8A - Description of the proposed CCD initiatives
  • Appendix 8B - APP - Doc20 - Appendix 8B - Sample Block Schedule
  • Appendix 8C - APP - Doc21 - Appendix 8C - Sample Music List
  • Each confidential document - NOT WEB - APP - Doc - CONFIDENTIAL - "brief description of the document"
  • Each abridged version of each confidential document - APP - Doc - ABRIDGED VERSION - "same description of document for which confidentiality is requested"
     
  The Commission may return the application if it has not been duly completed or if the required technical documentation has not been filed with Industry Canada. The onus will be on the applicant to submit a clear application that provides all of the relevant information, identifies all regulatory issues raised in the application and provides supporting documentation.
 


Canadian Radio-television and Telecommunications Commission

Application to Obtain a Broadcasting Licence
to Operate a Commercial Radio Undertaking
(including low-power)

1.  GENERAL INFORMATION

 
TYPE OF STATION: 
 		 AM (  ) 
 		 FM  (  )
 		 Check here if low-power* (  )
* Low-power AM is an undertaking with a transmitter power of less than 100 watts in the 525 - 1705 kHz band. Low-power FM is an undertaking with a maximum effective radiated power (ERP) of 50 watts and transmitting antenna height of 60 metres in the 88 - 108 MHz band.
 

 
LOCATION OF UNDERTAKING:________________________________________________________
 
1.1 Provide a brief description of your application:

 

 
1.2 List all the documents you request be treated as confidential:

 

 
1.3
 		 IDENTIFICATION OF PROPOSED LICENSEE (hereinafter the applicant)
 

 		 Individual (  )
 		 Company to be incorporated (  )
 

 		 Company (  )  
 		 Other (  ) Specify:  ____________________
 

 

 		 NAME:
ADDRESS:
Facsimile:
Email:

CONTACT PERSON REPRESENTING THE APPLICANT
(if there is no designated representative under question 1.4)

NAME:
TITLE:
TELEPHONE:

Please indicate the email address and facsimile number that should be specified in a Public Notice.

Facsimile:
Email:
 
1.4
 		 Appointment of designated representative

I, _________________________, the applicant, hereby appoint _____________________ as my designated representative for and on my behalf and in my name to sign, file and complete an application with the Canadian Radio-television and Telecommunications Commission and to sign and file a reply with respect thereto and I do hereby ratify, confirm, and adopt as my own act, such application and all replies made thereto.

Date:
At:
Signature (not required if submitting electronically):
Address of designated representative:
TITLE:
TELEPHONE:
Facsimile:
Email:
 
1.5
 		 DECLARATION OF APPLICANT or its designated representative
 

 		 I, ___________________________________ SOLEMNLY DECLARE THAT:
 

 		 a)
 		 I am the designated representative of the applicant named in this Application Brief and as such have knowledge of all matters declared therein.
 

 		 b)
 		 The statements made in this application, or any document filed pursuant to any request for further information by the Commission, are (will be) to the best of my knowledge and belief true in all respects.
 

 		 c)
 		 The opinions and estimates given in this application, or any document filed pursuant to any request for further information by the Commission, are (will be) based on facts as known to me.
 

 		 d)
 		 I have examined the provisions of the Broadcasting Act and the broadcasting regulations relevant to this application.
 

 		 AND I HAVE SIGNED

Signature (not required if submitting electronically):

Date:

WITNESSED BY

Signature (not required if submitting electronically):

Name (Printed):

Date:

At:


 
1.6
 		 Location(s) where the application may be examined

Set out the applicant’s website address or, if the application is not posted on their website, the email address where an electronic copy of the application may be requested:

Website:
Example: www.mycompany.com

Email:
Example: no-reply@no-reply.com
 

1.7 IT IS MANDATORY that you file a Supplementary Brief identified as Appendix 1, ensuring that you, at a minimum:
   
 
  •  
 Indicate the proposed musical format of the station.
 
  •  
 Indicate the demographic group the service will target
 
  •  
 Provide information demonstrating market demand.
 
  •  
 Indicate if an alternative frequency has been identified and address the impact it might have on your business plan in the event that you are not granted the frequency you are applying for.
 
  •  
 If proposing an exception to any regulations or Commission policies, provide details, rationale and any other information relevant to such proposal to explain why the proposed exception is warranted in the circumstances.
  If the Supplementary Brief is more than 10 pages, include an executive summary.
 
1.8
 

Procedural request

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure allow an interested person to request that the Commission exercise a power under the Rules of Procedure or change the Rules of Procedure for a specific proceeding (sections 5 and 7). This is generally called a procedural request. You may consult the Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and the Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, for more information.

Is the applicant requesting that the Commission make an exception to its Rules of Procedure in the treatment of this application?

Yes ( ) No ( )

If yes, please indicate which section of the Rules of Procedure you wish to vary, and provide a detailed rationale as to why this request should be granted :

2.  OWNERSHIP


OWNERSHIP INFORMATION Appendix 2A :  All applicants must complete section a) of the appendix but MAY BE exempt from completing section b).
  The applicant
The entity applying to obtain a broadcasting licence to operate a commercial radio undertaking.
  The Shareholder Corporations
The parent corporation, the corporations which form part of the control chain, and all corporations or legal entities listed in a table 2.2, holding directly or indirectly 10% or more of the voting interest of the corporation to which the table 2.2 pertains. 
  You may be exempt from completing this section if all ownership information for each of the entities that form part of the control chain has been supplied within the last 12 months from the date of this application and accepted as satisfactory by the Commission.  You must also ensure that:
  •  
 no changes have occurred since the last filing that would be subject to a notification requirement or prior approval by the Commission pursuant to the Regulations;
 
  •  
 no amalgamation has occurred; and
  •  
 the exemption statement in section a) of APPENDIX 2A has been completed.

 

CONTROL STATEMENT
AND AGREEMENTS
 

 Append as APPENDIX 2B:
  A statement regarding who controls/will control the licensee and by what means.  If the control is to be held by a shareholder corporation, also advise who controls/will control it and by what means.

 
  If applicable, attach all related documents, such as Shareholders Agreement, Voting Trust Agreement, Local Management Agreement, Management Agreement, etc. Provide a draft copy where an executed copy is not available.
CORPORATE DOCUMENTS Append as APPENDIX 2C, a copy of all constituting documents (for  example, Certificate and Articles of Incorporation, Amendment or Amalgamation, By-Laws, Partnership Agreement, etc.), that are not already on file with the Commission:
 
  For the applicant; if not yet incorporated, provide draft documents.

 
  For the parent corporation and for each corporation or other legal entity listed in table 2.2 of APPENDIX 2A, holding directly or indirectly 20% or more of the voting interest of the corporation to which the table 2.2 pertains.

 

3.  INDUSTRY CONSOLIDATION
AND CROSS-MEDIA OWNERSHIP

3.1 Has the information in 3.2 been submitted to the Commission within the last 12 months:
 
  YES ( ) NO ( )
  If YES, provide reference to the application containing this information:
 
  Application No.: __________________ Date filed: _____________________
 
  If YES, proceed to section 4.

If NO, complete question 3.2.
3.2
 		 Complete the following table, providing a list of all entities involved in any of the areas listed below, for which any investment (equity and/or debt securities) is held by the applicant, its directors, a corporation which directly or indirectly controls the applicant and any shareholder holding 20% or more of the voting interest of the applicant. The table may be appended as APPENDIX 3.
 
  Business Classification Code:
 

 		 a) other CRTC licence holder and exempted undertakings;

 		 b) daily newspaper;

 		 c) non-daily newspaper or other media publisher;

 		 d) production or distribution of programming material;

 		 e) lessor of property, plant or equipment of applicant; 

 		 f)  telecommunications company regulated under the Telecommunications Act; and  
  g)  company owning securities in any of categories (a) to (f).

Name of Security Holder

Name of Corporation in which Securities are Held

Business Classification Code

Type of Securities Held

Vote (y/n)

% Held Compared to Number Issued

 

4.  TECHNICAL INFORMATION

Applicants are advised to consult with their broadcast engineering consultants when completing this section, to ensure that that the information provided is consistent with the Engineering Brief submitted to Industry Canada.

 

4.1
 		 a)
 		 Have all required technical documents been filed with Industry Canada?

 
 
 		 YES (  ) 
 		 NO (  )
 
  b) If YES, indicate the date of filing: __________________________ (YYYY-MM-DD)
 
    You are required to provide a copy of the transmittal communication or courier pick-up receipt of the technical documents filed with Industry Canada as APPENDIX 4A.
 

 		 c)
 		 I hereby authorize the Commission to include as part of this application any documents or correspondence filed with Industry Canada with respect to this application.
 

 
 
 		 YES (  ) 
 		 NO (  )
 

 
 		 If NO, explain.


 
4.2 In accordance with paragraphs 138-139 of Broadcasting Regulatory Policy CRTC 2010-499, Campus and community radio policy, dated 22 July 2010, please answer the following:

a) Provide a list of the low power radio stations that may be affected by this application.

b) Have you contacted the community and campus radio stations on this list to inform them that their station may be affected by this application?

Yes ( ) No ( )

If no, indicate why not, providing a detailed rationale.
4.3 Provide the following information:

 

  

PROPOSED
OPERATION 

NOTE 
 Frequency      kHz for AM
 MHz for FM 
 Channel and Class       
 Transmitter power (for AM) 

watts

   
 MAXIMUM ERP - Effective Radiated Power
 (at beam-tilt angle) (for FM) 

watts

  If no beam-tilt is used,
 provide ERP in horizontal
 plane 
 AVERAGE ERP - Effective Radiated Power
 (at beam-tilt angle) (for FM) 

watts 

  If no beam-tilt is used,
 provide ERP in horizontal
 plane 
 Antenna Radiation Pattern Directional/Non-directional
Antenna
 EHAAT - Effective Height Above Average
 Terrain 

metres

  FM only 
 Antenna and Transmitter Site Coordinates 

N.
W.

  North Latitude
 West Longitude 
 Studio Location(s)      City and, where possible,
 street address(es) 
 Subsidiary Communications (SCMO)/
 Subsidiary Data 

YES (  )
  NO (  )

   
 For rebroadcasting stations,
 identify station rebroadcast 		     Call Letters
 Frequency
 Location

 

SUPPORTING DOCUMENTS TO BE APPENDED:
 
APPENDIX 4A A copy of the transmittal communication or courier pick-up receipt of the technical documents filed with Industry Canada.
 
APPENDIX 4B
 		 In the case of a proposal for a conversion from AM to FM, provide a copy of a map (in colour if available) comparing the 5 mV/m AM contour with the 0.5 mV/m FM contour and of the 15 mV/m AM contour with the 3 mV/m FM contour.
 
APPENDIX 4C In the case of a low-power AM, provide a copy of a map (in colour if available) showing the proposed 5 mV/m and 15 mV/m coverage contours.
APPENDIX 4D In the case of a low-power FM, provide a copy of a map (in colour if available) showing the proposed 0.5 mV/m and 3 mV/m coverage contours.
APPENDIX 4E In the case of a regular power station, a clearly legible copy (in colour if available) of all maps included in the Engineering Brief submitted to Industry Canada, outlining the proposed coverage contours as per Industry Canada's Broadcasting Procedures and Rules.

You are required to submit your maps in electronic form (for example, .jpg or .bmp file format). In addition, the Commission encourages you to submit your proposed coverage area contours in a geographical information system (GIS) compatible file format (for example, .mid./.mif or .tab).  Also provide the map datum and projection used.  These files can be submitted electronically or on a diskette.

 
APPENDIX 4F If applying for an FM undertaking, provide a map showing the realistic 3 mV/m and 0.5 mV/m contours by using an accepted engineering tool such as the CRC's PREDICT software program.
 
APPENDIX 4G
 		 Documentation supporting the availability of the proposed transmitter site(s).
 
APPENDIX 4H Documentation supporting the technical suitability of the proposed transmitter site(s).

 

5. COSTS AND FUNDING

 

5.1 Provide the following information regarding capital costs and facilities:

 

 
 

Cost of Assets
to be Purchased
($)

Value (FMV) of Assets
to be Leased
($)

Annual
Lease
($)
 Studio Plant      
 Transmitting Plant      
 TOTAL      

 

Questions 5.2 and 5.3 are to be completed only where the cost of the undertaking exceeds $250,000.
 
5.2
 		 Specify the funds available to finance the proposed transaction:
 

 
 		 Equity:

Debt:

Total:
 
5.3
 		 a)
 		 Specify the individual sources of financing for the funds identified in question 5.2 (for example, Bank loans, share capital, other loans).  If any of these persons hold public office, by election or appointment, indicate the office held under the name of the person(s). 

 

SOURCE

$
   
   
   

 

  b)
 		 Where financing is to be provided, in whole or in part, through debt securities, provide the list of proposed debt holders, including names, citizenship or jurisdiction of incorporation (or other form of constitution), designation and description of debt securities held, and the principal amount of each one.
 
SUPPORTING DOCUMENTS TO BE APPENDED
 
Documentation supporting the availability of each source of financing identified in question 5.3 if the cost of the undertaking exceeds $250,000.
 
APPENDIX 5 a)
 		 Where funds are to be provided, directly or indirectly, by a third party institution such as a bank, credit union, etc., submit a signed letter on the institution's stationery containing the following information: 
 

 
 
 		 "We have examined the financial projections of (Name of applicant) related to the application(s) before the Commission for a licence(s) to provide (type of service) to (location(s)) and we would be prepared to provide financing in the amount of ($) under the following terms and conditions (specify ALL the terms and conditions), subsequent to a favorable decision by the Commission, for the purpose of providing capital and operating funds related to the undertaking(s)."
 

 		 b)
 		 Where funds are to be provided by (an) individual(s) whether for the purchase of share capital and/or the provision of debt securities, submit a signed statement of net worth from each individual, prepared and notarized within three (3) months of the filing of the application.
 

 		 c)
 		 Where funds are to be provided, directly or indirectly, by a corporation or other legal entity other than the applicant or institutions in (a) or (b) above, submit the audited financial statement of the entity for its most recently completed year of operation, and interim financial statements for the period ending within six (6) months of the filing of the application.
 
  d) Where the applicant is already incorporated or otherwise constituted as a legal entity, provide the audited financial statements of the applicant for its most recently completed year of operation and interim financial statements for a period ending within six (6) months of the date of the application.

 

6.  MARKETING

6.1 As a basis for revenue calculations, please specify the following:

 

FOR ALL PERSONS
Ages 12+

YEAR 1

YEAR 2

YEAR 3

YEAR 4

YEAR 5

YEAR 6

YEAR 7
 Total Weekly
 Hours of Listening		              
 Share of Market
 Listening Hours (%)		              
6.2
 		 Please provide quantitative estimates of the population within the service contours, as well as an estimate of the population within the area to which the station's principal marketing activities will be directed:

 

 

3 mV/m Contour (FM)
15 mV/m Contour (AM)

0.5 mV/m Contour (FM)
5 mV/m Contour (AM)

Principal
Marketing Area
 Population      
 Households      
Sources of data  

 

6.3
 		 Indicate to which of the communities the station's principal marketing activities will be directed.
 
6.4
 		 The applicant will, by CONDITION OF LICENCE, have the undertaking on air within 24 months of the date of a favourable decision.
 

 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.

 

7.  FINANCIAL OPERATIONS 

 
7.1
 		 a)
 		 Complete the following table for the proposed undertaking for each 12-month period ending 31 August of the proposed license term.
 

 		 THE FIRST YEAR OF OPERATION WILL BE: ___________
 

 
 

YEAR 1

YEAR 2

YEAR 3

YEAR 4

YEAR 5

YEAR 6

YEAR 7

TOTAL

REVENUE (after agency commissions)
($000)  
 National                        
 Local                        
 Other (Specify)                        
 TOTAL                        

 OPERATING EXPENSES
($000)
 Programming                        
 Canadian Content
 Development 		                       
 Technical                        
 Sales,
 Advertising and
 Promotion 		                       
 Administration
 and General 		                       
 TOTAL
 OPERATING
 EXPENSES 		                       

NON-OPERATING EXPENSES
($000)
 Depreciation                        
 Profit Before Interest
 and Taxes		                
 Interest                        
 Other (Specify)                        
 TOTAL
 NON-OPERATING
 EXPENSES 		                       
 TOTAL
 EXPENSES 		                       
 Estimated pre-tax
 income (loss) 		                       
 Provision for
 Income Tax		                       
 NET INCOME
 (LOSS)
 AFTER TAXES
 (for broadcasting
 operations only) 		                       

 

 		 b)
 		 Provide a detailed listing of all supporting financial assumptions and calculations.
7.2 a) If the application is for an FM station to be operated jointly with an existing AM station, please complete the following table for the AM station as well.

 
 

YEAR 1

YEAR 2

YEAR 3

YEAR 4

YEAR 5

YEAR 6

YEAR 7

TOTAL

REVENUE (after agency commissions)
($000)  
 National                        
 Local                        
 Other (Specify)                        
 TOTAL                        

 OPERATING EXPENSES
($000)
 Programming                        
 Canadian Content
 Development 		                       
 Technical                        
 Sales,
 Advertising and
 Promotion 		                       
 Administration
 and General 		                       
 TOTAL
 OPERATING
 EXPENSES 		                       

 NON-OPERATING EXPENSES
($000)
 Depreciation                        
 Profits Before Interest
 and Taxes		                
 Interest                        
 Other (Specify)                        
 TOTAL
 NON-OPERATING
 EXPENSES 		                       
 TOTAL
 EXPENSES 		                       
 Estimated pre-tax
 income (loss) 		                       
 Provision for
 Income 		                       
 NET INCOME
 (LOSS)
 AFTER TAXES
 (for broadcasting
 operations only) 		                       

 


 		 b)
 		 Provide a detailed listing of all supporting financial assumptions and calculations.

 

7.3
 		 Provide a projected statement of pre-operating costs for the period prior to the commencement of operation.
7.4 For the second year of operation, provide a table showing the potential source of your projected revenues as they pertain to:
 
  •  
 existing radio services;
 
  •  
 new revenues that would be brought into the broadcasting industry from advertisers which do not currently advertise on radio;
 
  •  
 new revenues that would result from increased spending on the proposed services by advertisers which currently advertise on existing radio services; and
 
  •  
 other media.

 

8.  PROGRAMMING


 

8.1

 CANADIAN CONTENT DEVELOPMENT (CCD) 
 
In Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006, at paragraph 116, the Commission sets out each licensee's basic annual CCD contributions. At paragraph 118, the Commission states that no less than 60% of the basic annual CCD contributions must be forwarded to FACTOR or MUSICACTION. At paragraph 119, the Commission indicates that ethnic licensees or those airing predominately spoken word material can request an exception to the mandatory requirement to contribute to FACTOR or MUSICACTION. These licensees can direct their payments to eligible initiatives that support their content.
 
a) If the applicant proposes to EXCEED basic contributions to CCD, the applicant proposes to devote the following amount, on an annual basis, commencing in the first year of operations, to the development of Canadian content. $ _________

 
b) The applicant will adhere to the commitment identified in a) by CONDITION OF LICENCE.
YES ( ) NO ( )
 
If NO, explain.
c) As indicated in paragraph 124, no less than 20% of an applicant's funding commitment that is over and above the basic annual CCD contribution must be allocated to FACTOR or MUSICACTION.

The applicant will, as a CONDITION OF LICENCE, direct no less than 20% of the amount identified in a) to FACTOR or MUSICACTION
 
YES ( ) NO ( )
If NO, explain.
d) Provide a detailed description of the initiatives to which the applicant proposes to direct the remainder of the amount identified in a). (APPENDIX 8A)
 
Licensees are reminded that all contributions other than those allocated to FACTOR or MUSICACTION must qualify according to the definition set out in Public Notice CRTC 2006-158, paragraphs 108-110. The Commission will be requiring licensees to demonstrate how the recipients of those CCD funds meet the Commission's definition when filing their annual returns.
 

AM OR FM UNDERTAKING

Applicants are reminded that a "broadcast week" refers to the total number of hours devoted to broadcasting during the 126-hour period extending from 6:00 a.m. to midnight, for seven consecutive days beginning on Sunday. 
 
8.2
 		 LANGUAGE(S) OF PROGRAMMING
 

 		 a)
 		 The principal language of programming will be: ____________
 
  b) Other languages of programming:

 
 

Minimum per Broadcast Week
 

Hours:Minutes

%
 Aboriginal Canadian Languages    
 Other Languages    

 
If the station will devote 15% or more of the broadcast week to ethnic programming, complete questions 8.9 to 8.11.
 
8.3 LOCAL PROGRAMMING
 
  The definition of Local Programming shall be as set out in paragraphs 205 to 208 of Broadcasting Public Notice CRTC 2006-158, as amended from time to time.
 
  a) Provide a commitment to a minimum level of LOCAL PROGRAMMING:  ___ hours  ___ mins. in each broadcast week.

 
  b) Referring to paragraphs 206 and 207 of Broadcasting Public Notice CRTC 2006-158, describe how the service would meet the particular needs and interests of the communities you propose to serve.
 
    Include details concerning:
 
    i) Spoken word content, including news, weather, sports, promotion of local events, public affairs, documentaries, radio plays and dramas, programs of public debate including talk shows and open lines.
 
    ii) Musical selections and music-oriented programs, including pre-recorded and live material.
 
8.4 EMERGING ARTISTS
 
  Paragraph 92 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, states that the Commission will ask applicants for new licences to make specific commitments to provide airplay for and to promote emerging Canadian artists and their music. Broadcasting Regulatory Policy CRTC 2011-316 established definitions for emerging English and French-language Canadian artists.
 
 

i)

 What percentage of musical selections aired in a broadcast week would feature emerging artists?
 
  ii) If the Commission decides to impose commitments relating to emerging Canadian artists and their music as conditions of licence, confirm that the applicant will adhere to its commitment in i) by CONDITION OF LICENCE.
 
    YES (  ) NO (  )
 
    If NO, explain.
 
  iii) How, beyond the provision of airplay, do you intend to promote emerging artists?
 
8.5 NEW DISTRIBUTION PLATFORMS
 
  a) UNREGULATED ACTIVITIES
 
    Do you intend to distribute new streams of audio content which are not presently regulated by the Commission by using emerging technologies, such as but not limited to, the internet?
 

 
 		 YES (  )
 		 NO (  )
 
    If YES, describe:
 
    i) which emerging technologies you will be using;
 
    ii) the types of audio programming material you intend to provide and how they will reflect the objectives of the Broadcasting Act, specifically in relation to the development and provision of Canadian content; and
 
    iii) the estimated population and geographical reach of these distribution platforms.
 
  b) REGULATED ACTIVITIES
 
    Are you planning to conduct experiments or field trials involving new technologies (e.g. DMB, DVB-H) to broadcast programming?
 

 
 		 YES (  )
 		 NO (  )
 
    If YES, describe:
 
    i) the technology experiments;
 
    ii) the programming material that will be distributed; and
 
    iii) the estimated population and geographical reach of these experimental distribution platforms.

 

FM UNDERTAKING 
 
8.6
 		 STATION FORMAT

The applicant will, by CONDITION OF LICENCE, operate within the Specialty format, as defined in Public Notice CRTC 1995-60 dated 21 April 1995 and amended in Broadcasting Regulatory Policy CRTC 2010-819 dated 5 November 2010, or as amended from time to time.
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 A private commercial FM station is considered as operating in the Specialty format if it meets one or more of the following criteria.  If response to the above is YES, please indicate the Specialty format proposed:
 

 
 		 (  )
 		 the language of broadcast is neither English nor French;
 

 
 		 (  )
 		 more than 50% of the broadcast week is devoted to spoken word;
 

 
 		 (  )
 		 less than 70% of the music broadcast is from category 2 (Popular Music) as defined in Broadcasting Regulatory Policy CRTC 2010-819 dated 5 November 2010.  In this case, the applicant will, by CONDITION OF LICENCE, broadcast the following:

 

MUSIC SUB-CATEGORY BREAKDOWN - SPECIALTY FORMATS

Music sub-category

Description 

Minimum % of total music  

21

  Pop, Rock and Dance    

22

  Country and Country-Oriented    

23

  Acoustic    

24

  Easy Listening    

31

  Concert    

32

  Folk and Folk-Oriented    

33

  World Beat and International    

34

  Jazz and Blues    

35

  Non-classic Religious    

 
 
  •  
 If more than 50% of the broadcast week is devoted to spoken word, provide a sample block schedule, including a brief description of programming as APPENDIX 8B.
 
  •  
 Provide, as APPENDIX 8C, a sample music list that is representative of the proposed musical format including one hour during the morning drive, one hour during the afternoon drive and one hour during the non-peak period.
 
  •  
 If applying for a Specialty format, identify the subcategory of music in the sample music list.

 
8.7
 		 HIT MUSICAL SELECTIONS (ENGLISH LANGUAGE STATIONS ONLY)

The applicant will, by CONDITION OF LICENCE, broadcast a maximum level of _______ % each broadcast week of HIT MATERIAL, as defined in Public Notice CRTC 1997-42 dated 23 April 1997, as amended from time to time.

 

  AM OR FM UNDERTAKING

8.8
 		 Where the applicant proposes to offer religious programming, or in the case of a Specialty (religious) format where the licensee undertakes to broadcast 30% or more of its music from subcategory 35 Non-classic Religious, the applicant will, by CONDITION OF LICENCE, adhere to the following:
 
  Where the applicant broadcasts religious programming as defined in the Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in section lll.B.2.a) and lV of that public notice with respect to the provision of balance and ethics in religious programming, as amended from time to time.
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.

 
ETHNIC PROGRAMMING OR UNDERTAKING
 
•
 		 Applicants proposing to devote 15% or more of the broadcast week to ethnic programming must respond to questions 8.9 to 8.11.  
 
•
 		 Applicants proposing to operate an ethnic station must also respond to these questions.
 
•
 		 Note that ethnic programming means programming provided in any language, that is specifically directed to any culturally or racially distinct group other than one that is Aboriginal Canadian or from France or the British Isles.  Ethnic programming may be in English, French, a third-language or a combination of languages.  Third-language programming means ethnic programming in languages other than French, English or those of Aboriginal Canadians.
 
•
 		 Applicants are reminded to refer to the Ethnic Broadcasting Policy in Public Notice CRTC 1999-117, and consequent amendments to the Radio Regulations, 1986, set out in Public Notice CRTC 2000-92.
 
8.9
 		 In Public Notice CRTC 1999-117, the Commission stated that the primary responsibility of over-the-air ethnic radio and television stations should be to serve and reflect their local community and stated that "ethnic broadcasters would be expected, at the time of licensing and renewal, to provide plans on how they will reflect local issues and concerns during the terms of their licences."

Provide your plans relating to the above and indicate how you will subsequently evaluate your progress.
 
8.10
 		 As set out in Public Notice CRTC 1999-117, the Commission will set, by CONDITION OF LICENCE, the minimum number of ethnic groups that each ethnic radio and television station must serve and the minimum number of languages in which it must provide programming.  The minimum number of distinct groups that a station must serve is established on the basis of the demographics of the community, the services already available and the degree of support shown by local community organizations.  In addition, the Commission stated that it will also weigh the ability of ethnic stations to provide appropriate amounts of quality programming to these groups and that it will evaluate how this broad service requirement is met in light of the ethnic programming available from all stations in the market.

Provide your commitments in this area, keeping in mind that they may be imposed as conditions of licence.
 
8.11
 		 Complete the following table relating to the broadcasting of ethnic and third-language programming.

Note that a "broadcast week" refers to the total number of hours devoted to broadcasting during the 126-hour period extending from 6:00 a.m. to midnight, for seven consecutive days beginning on Sunday.  Percentages should be based on the total number of hours of programming broadcast by the station in a broadcast week (that is, the total number of hours of programming by the station in a broadcast week may be less than or equal to 126 hours).

In determining the languages of ethnic programming, DO NOT consider music, advertising, station contests and community and emergency messages during a particular ethnic program.  However, in calculating the actual duration of each program, those elements must be counted.

 

Language in which ethnic programming is provided

Ethnic group to which it is directed 

Total duration of this programming per broadcast week (hours:minutes) 

% of the total programming provided during each broadcast week that is devoted to this type of programming 
           
           
 % of the total programming provided during the broadcast week
 that is devoted to ETHNIC PROGRAMMING 		   
 % of the total programming provided during the broadcast week
 that is devoted to THIRD-LANGUAGE PROGRAMMING 		  

 
8.12
 		 INDUSTRY CODES

The applicant will adhere to the following codes by CONDITIONS OF LICENCE during all hours of broadcast:
 

 		 a)
 		 The Canadian Association of Broadcasters' Broadcast Code for Advertising to Children (Public Notice CRTC 1993-99, Revised Broadcast Code for Advertising to Children, dated 30 June 1993), as amended from time to time and approved by the Commission.
 

 
 
 		 YES (  )
 		 NO (  )
 

 
 		 If NO, provide reasons.

 

 		 b)
 		 The Canadian Association of Broadcasters' Equitable Portrayal Code (Broadcasting Public Notice CRTC 2008-23, Equitable Portrayal Code, dated 17 March 2008), as amended from time to time and approved by the Commission (to be suspended as long as the licensee is a member in good standing of the Canadian Broadcast Standards Council).
 

 
 
 		 YES (  )
 		 NO (  )
 

 
 		 If NO, provide reasons.
 
In the case of a conversion from the AM band to the FM band only
 
8.13  I hereby request authority to simulcast the programming of my new FM station on my existing AM station for a transition period of the three (3) months following implementation.
 

 
 
 		 YES (  ) 
 		 NO (  )
 
  (  ) Check here if applicable
 
  Should the proposed FM station be approved and a new licence be issued, and a simulcast period be granted, I hereby request that the Commission revoke, pursuant to Sections 9(1)e) and 24(1) of the Broadcasting Act, the licence issued to my AM station at the end of the approved simulcast period.
 
  (  ) Check here if applicable
 
  Should the proposed FM station be approved and a new licence be issued, and no simulcast period be required, I hereby request that the Commission revoke, pursuant to Sections 9(1)e) and 24(1) of the Broadcasting Act, the licence issued to my AM station following implementation on the new FM station.

 

9.  INCLUSION OF DESIGNATED GROUPS 

 
EMPLOYMENT EQUITY
Information relating to employment equity is available in Public Notices CRTC 1992-59 and 1997-34.
9.1
 		 If the proposed undertaking is approved, would the licensee be subject to the 1996 Employment Equity Act (applicable to federally-regulated employers with 100 or more employees)?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, proceed to question 9.9, "On-air Presence".
If NO, proceed to question 9.2.
 
9.2
 		 If the undertaking is approved, would the licence be held by a licensee that already holds one or more broadcasting licence(s)?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, proceed to question 9.3.
If NO, proceed to question 9.7.
 
9.3
 		 Outline examples of any measures (including hiring and training, apprenticeship programs, work arrangements, etc.) that you have or will put in place for the designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities).
 
QUESTIONS 9.4 TO 9.6 -- APPLICABLE IF BETWEEN 25 AND 99 EMPLOYEES ONLY:
 
9.4
 		 How do you or will you communicate details of your employment equity policies to managers and staff?
 
9.5
 		 Have you assigned or will you assign a senior level person to be responsible for tracking progress and monitoring results?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, what authority does or will that person have to ensure goals are achieved?
 
9.6
 		 What financial resources have you or will you put in place to promote employment equity in the workplace (for example, funds for daycare, access for persons with disabilities, etc.)?
 
QUESTIONS 9.7 AND 9.8 -- APPLICABLE IF RESPONSE TO QUESTION 9.2 IS "NO"
 
9.7
 		 To what extent will the proposed undertaking address the equitable representation of the four designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities)?
 
9.8
 		 Does the proposed undertaking have an employment equity (EE) plan?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, please describe the principal measures proposed to recruit and assist members of the four designated groups (for example, work arrangements, apprenticeship or training programs, career counselling, etc.).
 

 		 If NO, please provide a statement indicative of your commitment to develop and implement an effective EE plan.
 
ON-AIR PRESENCE
 
Information relating to on-air presence and voice-overs is available in Public Notices CRTC 1994-69 and 1995-98.
25 OR MORE EMPLOYEES ONLY:
 
9.9
 		 If the undertaking is approved, would the licence be held by a licensee that already holds one or more broadcasting licence(s)?
 

 
 		 YES (  )
 		 NO (  )
 
9.10
 		 Outline policies and procedures in place, or plans in this regard, to ensure the representation of members of the four designated groups in on-air positions, including voice-overs, where applicable.  These policies, procedures and plans should include references to programs produced by the applicant, as well as to acquired programming and advertising.
 
CULTURAL DIVERSITY
 
9.11
 		 When the Commission refers to cultural diversity, it is referring to the inclusion of groups that have been traditionally under-represented in broadcasting: ethnocultural minorities, Aboriginal peoples, as well as persons with disabilities. Such under-representation includes these groups' presence and portrayal on the air and their participation in the industry.

As set out in Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006, the Commission expects all radio broadcasters to follow the Canadian Association of Broadcasters' best practices for diversity in radio in order to incorporate and reflect the reality of Canada's ethnocultural minorities, Aboriginal peoples, and persons with disabilities in their programming.  Describe what steps you propose to take to implement these best practices over the licence term.  

10. Request for documents to be designated as confidential

Sections 30 to 34 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure set out a process by which parties to Commission proceedings may file information on the record of a public proceeding in confidence.

A party filing information can “designate” it as confidential at the time it is filed with the Commission (section 31) if it falls into one of the following categories:

  1. Information that is a trade secret
  2. Financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
  3. Information the disclosure of which could reasonably be expected :
    1. To result in material financial loss or gain to any person;
    2. To prejudice the competitive position of any person; or
    3. To affect contractual or other negotiations of any person.

At the time that the party files the information it designates as confidential, it must provide an abridged version of the document along with an explanation of how the information falls into a category of information listed in section 31. The party must provide a detailed rationale to explain why the disclosure of the information is not in the public interest (section 32(1)).

The confidential version of the document must be filed separately and must be marked “CONFIDENTIAL” on each page. If the document is filed electronically, each file containing confidential information must include “CONFIDENTIAL” in the file name.

The abridged version of the document and the reasons for the designation of information as confidential will be placed on the public record of the proceeding.

Please consult the Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and the Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, 23 December 2010, for complete process for filing confidential information.

10.1 Request for documents to be designated as confidential

Are you requesting for some information to be designated as confidential?

Yes ( ) No ( )

If yes, you must provide a detailed rationale to explain why the disclosure of the information is not in the public interest :

BOOK OF SUPPORTING DOCUMENTS

 

APPENDIX NUMBER AND NAME

APPENDED
(Yes or No)

E-FILED
(Yes or No)

SECTION 1: GENERAL INFORMATION

1

  Supplementary Brief (mandatory)    

SECTION 2:  OWNERSHIP

2A

 Ownership Information    

2B

 Control Statement and Agreements    

2C

 Corporate Documents    

SECTION 3: INDUSTRY CONSOLIDATION AND CROSS-MEDIA OWNERSHIP

3

 Consolidation & Cross-Media    

SECTION 4:  TECHNICAL INFORMATION

4A

 Proof that technical documents were filed with Industry Canada     

4B

Map – Conversion from AM to FM    

4C

 Map: Low Power AM    

4D

 Map: Low Power FM      

4E

 Maps Required in Technical Brief    

4F

 Map – Realistic Contours    

4G

 Documentation - Availability of Proposed
 Transmitter Site(s) 		   

4H

 Documentation – Technical Suitability of Proposed Transmitter Site(s)    

SECTION 5:  COSTS & FUNDING

5A

 Letter of Financing from Third Party Institution    

5B

Statement of Net Worth    

5C & D

 Financial Statements    

SECTION 8:  PROGRAMMING

8A

 Description of the proposed CCD initiatives    

8B

 Sample Block Schedule    

8C

Sample Music List    

 


This document is available in alternative format upon request.
CRTC 101 (2011-10-17) - New Commercial Radio
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