Application to obtain a broadcasting licence to operate a specialty audio programming undertaking - Form 111

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 Specialty Audio Programming Undertaking - Form 111

General instructions


 

Applicants should consult the Commission's New Licensing Framework for specialty audio programming services in Public Notice CRTC 2002-53 dated 12 September 2002.
 
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
  • The Application Form - APP - Doc2 - Application form
  • Appendix 1A - APP - Doc3 - Appendix 1A - Supplementary Brief
  • Appendix 2A - APP - Doc4 - Appendix 2A - Constituting Documents (or drafts)
  • Appendix 2B - APP - Doc5 - Appendix 2B - Statement on Control of Applicant
  • Appendix 2C - APP - Doc6 - Appendix 2C - Delegation of Responsibility by Contract
  • Each confidential document - NOT WEB - APP - Doc xx - Confdoc - "brief description of the document"
  • Each abridged version of each confidential document - APP - Doc xx - 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 specialty audio programming undertaking

1.  General information


 

Name of proposed specialty audio service:
 
Areas where the service will be distributed:
 
National (  )                                      Regional (  ) Specify:                                 Local (  ) Specify:
 
1.1
 
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 1.2)

Name:
Title:
Telephone:


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

Facsimile:
Email:

 

1.2
 
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 (if necessary) 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:

 

1.3
 
Declaration of the 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:
 

1.4
 
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
 

1.5
 

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


 


 
Definitions:

(1) NAME/SHAREHOLDER:  If any of these persons hold public office, by election or appointment, indicate the office held under the name of the person(s).
(2) CITIZENSHIP:  Specify Canadian or Non-Canadian.  A CANADIAN citizen, ordinarily resident in Canada, is as defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.
(3) DIRECTORS:  Defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.
(4) OFFICERS:  Those persons designated as Chairman, President, Chief Executive Officer, Vice-President, General Manager, Secretary, Assistant-Secretary, Comptroller, Treasurer, Assistant-Treasurer or any others under similar titles.
(5) CANADIAN:  If a corporation, CANADIAN means a "qualified corporation" as defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.)
(6) VOTING SHARES:  The shares to which are attached one or more votes, and includes securities that are convertible into such shares at all times at the option of the holder.
(7) COMMON SHARES:  The shares that represent the residual equity in the earnings of the corporation, and includes securities that are convertible into such shares at all times at the option of the holder and the preferred shares to which are attached rights to participate in the earnings of the corporation with no upper limit.
(8) LICENSEE OF BDU:  a shareholder currently licensed to operate a distribution undertaking.  See Public Notice 2002-53, "New licensing framework for specialty audio programming services", paragraph 73.
(9) APPLICANT/SHAREHOLDER: Refers to a person who has reached the age of majority.
 

2.1
 
For the applicant, complete the following tables providing:
 

 
a)
 
A list of the directors and officers, including the Chief Executive Officer.  The table should reflect the present or if not yet incorporated, the proposed board of directors and officers.
 
 Name of the corporation for which the following table pertains:  

DIRECTORS AND OFFICERS

NAME(1)

COMPLETE HOME
ADDRESS

CITIZENSHIP(2)

DIRECTORS(3):
DATE OF
APPOINTMENT

OFFICERS(4):
POSITION
HELD

              

 

b)

 

A list of shareholders holding 10% or more of the voting shares
(6), of the voting rights (when different from the voting shares), and of the Common(7) (participating) shares, by class of shares.
 
 Name of the corporation for which the following table pertains: 

CAPITAL STRUCTURE AND SHAREHOLDERS 

Shares/
Units

Partici-
pating
(X)

Votes 

Authorized

Issued

Name of 
Shareholders(1)
(company:  provide
jurisdiction)
(individual:  provide
complete home address)

Licensee
of BDU(8)
(X)

No.
 Held

% of
Votes

Canadian(2)(5)
(X)

                             

 

c)

 

A breakdown between Canadian and non-Canadian of the remaining shares not accounted for in b), by class of shares.

 
 Name of the corporation for which the following table pertains:  

Class of
Shares

Shareholders

Total Number of
Shares

% of
Votes

Canadian(2)(5)
(X)

              

2.2

 

Complete the following tables for each corporation holding directly and/or indirectly 20% or more of the voting interest (shares and/or votes) of the applicant.

 

 
a)
 
A list of the directors and officers, including the Chief Executive Officer.
 
 Name of the corporation for which the following table pertains:  

DIRECTORS AND OFFICERS

NAME(1)

COMPLETE HOME
ADDRESS

CITIZENSHIP(2)

DIRECTORS(3):
DATE OF
APPOINTMENT

OFFICERS(4):
POSITION
HELD

              

 

b)

 

A list of shareholders holding 10% or more of the voting shares(6), of the voting rights (when different from the voting shares), and of the Common(7) (participating) shares, by class of shares.

 
 Name of the corporation for which the following table pertains: 

CAPITAL STRUCTURE AND SHAREHOLDERS 

Shares/
Units

Partici-
pating
(X)

Votes 

Authorized

Issued

Name of 
Shareholders(1)
(company:  provide
jurisdiction)
(individual:  provide
complete home address)

Licensee
of BDU(8)
(X)

No.
 Held

% of
Votes

Canadian(2)(5)
(X)

                             

 

c)

 

A breakdown between Canadian and non-Canadian of the remaining shares not accounted for in b), by class of shares.

 
 Name of the corporation for which the following table pertains:  

Class of
Shares

Shareholders

Total Number of
Shares

% of
Votes

Canadian(2)(5)
(X)

              

2.3

 

Provide the same tables as in 2.2 for any corporation holding directly and/or indirectly 20% or more of the voting interest (voting rights/shares) of the corporations listed in 2.2 b) and for any corporation forming part of their ownership chain.

 
Supporting documents to be appended:
 
Appendix 2A
 
A copy of all constituting documents (for example, Articles and Certificates of Incorporation, By-Laws, Partnership or Trust Agreement) relating to the applicant and each corporation or other legal entity identified in questions 2.1, 2.2 and 2.3 (provide draft documents where a corporation is not yet incorporated).  If the constituting documents have been filed with the Commission and no changes have occurred since, provide reference to the application that contains the most recent documentation together with a declaration attesting that the information is still accurate and valid as of the date of the filing of the application.
 
Appendix 2B
 
A statement regarding who controls/will control the applicant and by what means; if control is to be held by a shareholder company, also advise who controls/will control it and by what means; if applicable, attach all related documents or agreements (for example, Shareholder Agreement, Voting Trust Agreement).
 
Appendix 2C
 
If the applicant has delegated or will delegate by contract any responsibility, copies of the contracts (or proposed contracts).  If applicable, indicate the legislative authority under which the corporation or other legal entities to such contracts are incorporated or otherwise constituted.
 

3.    Industry consolidation and
cross-media ownership


 

3.1
 
Provide 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.
 

 
a)
 
Other CRTC licence
 

 
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 company
 

 
f)
 
Telecommunications company regulated under the Telecommunications Act
 

 
g)
 
Company owning securities in any of categories (a) to (f)
 

4.  Distribution


 

4.1
 
Have you entered into an agreement with one or more BDUs to distribute the proposed service?
 

 

 
YES (  )
 
NO (  )
 

 
If YES, specify the BDU(s):
 
4.2
 
How do you expect the proposed service to be distributed by the BDU(s)?
 

 

 
Digital (  )
 
Analog (  )
 

 
If ANALOG, provide reasons.
 

5.  Programming


 

5.1
 
Nature of service
 

 
a)
 
Language of service
 

Language

(Ö)

 English  
 French  
 Bilingual --
             English:
             French:
 
 Other (specify language of
 programming):
 

 

b)

 

Provide a description of the target audience.

 

 
c)
 
Provide a brief description of service which you would accept as a CONDITION OF LICENCE defining the nature of the proposed service, using the programming categories set out in Broadcasting Regulatory Policy CRTC 2010-819.
 

 
d)
 
Describe how the proposed service will differ from and complement conventional over-the-air radio services currently licensed in the applicant's targeted market(s).
 
5.2
 
Canadian content
 

 
The Commission will generally require specialty audio programming service licensees to adhere, by condition of licence, to the same Canadian content requirements as those set out in section 2.2 of the Radio Regulations, 1986 for over-the-air licensees:  a minimum of 35% Canadian content for category 2 music, 10% for category 3 musical selections and, during ethnic programming periods, a minimum of 7% Canadian musical selections.

The Commission may accept lower levels of Canadian content in circumstances where the applicant clearly demonstrates that the nature of the service being proposed warrants such an exception or otherwise meets the objectives of section 3 of the Broadcasting Act.
 


 
a)
 
Will your proposed service meet the same Canadian content requirements as those set out in section 2.2 of the Radio Regulations, 1986?  This requirement will be imposed by CONDITION OF LICENCE.
 

 

 

 
YES (  )
 
NO (  )
 

 
If NO,
 

 

 
i)
 
Indicate what is the level of Canadian content that you propose and that you would accept as a CONDITION OF LICENCE:  __________ %
 

 

 
ii)
 
Demonstrate that your proposed Canadian content level is reflective of available content, is appropriate to the nature of service being proposed and warrants an exception to section 2.2 of the Radio Regulations, 1986 or otherwise meets the objectives of section 3 of the Broadcasting Act.
 

 
b)
 
Demonstrate how your spoken-word programming will be mindful of the provisions of the Broadcasting Act which emphasize the importance of Canadian content on Canadian broadcasting services.
 
5.3
 
French vocal music
 

 
The Commission will require French-language specialty audio service licensees to adhere, by condition of licence, to the same French Vocal Music requirements as those set out in section 2.2 of the Radio Regulations, 1986 for over-the-air licensees:  licensees shall devote 65% or more of the service's vocal musical selections from category 2 to French-language musical selections; and 55% or more of category 2 vocal musical selections broadcast between 6:00 a.m. and 6:00 p.m. Monday to Friday shall be French-language vocal music selections.

Will your proposed service meet the same French vocal music requirements as those set out in section 2.2 of the Radio Regulations, 1986?  This requirement will be imposed by CONDITION OF LICENCE.
 


 

 

 
YES (  )
 
NO (  )
 

 
If NO,
 

 
a)
 
Indicate what is the level of French vocal music that you propose and that you would accept as a CONDITION OF LICENCE:  _______ %.
 

 
b)
 
Demonstrate that your proposed French vocal music level is reflective of available content, is appropriate to the nature of the service being proposed and warrants an exception to section 2.2 of the Radio Regulations, 1986 or otherwise meets the objectives of section 3 of the Broadcasting Act.
 
5.4
 
Canadian talent development
 

 
Briefly describe how this service will promote and develop Canadian artistic and musical talent.
 
5.5
 
Industry codes

The Applicant accepts, as CONDITION OF LICENCE, to adhere to the following industry codes 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.
 
5.6
 
Other programming requirements

The Applicant accepts, as a CONDITION OF LICENCE, to adhere to the following sections of the Radio Regulations, 1986:
 


 

 
.
 
Section 3, related to "Broadcasting Content"
 

 

 

 

 
YES (  )
 
NO (  )
 

 

 
.
 
Section 4, related to the broadcasting of commercial messages dealing with alcoholic beverages
 

 

 

 

 
YES (  )
 
NO (  )
 

 

 
.
 
Section 6, related to "Political Broadcasts"
 

 

 

 

 
YES (  )
 
NO (  )
 

 

 
.
 
Section 7, related to "Ethnic Programs"
 

 

 

 

 
YES (  )
 
NO (  )
 

 

 
.
 
Section 8, related to "Logs and Records"
 

 

 

 

 
YES (  )
 
NO (  )
 

 

 
.
 
Section 9(2), related to the requirement to submit an annual return (standard filing requirements)
 

 

 

 

 
YES (  )
 
NO (  )
 

 

 
.
 
Broadcasting Licence Fee Regulations, 1997 (if the revenues exceed the threshold amount of $2 million)
 

 

 

 

 
YES (  )
 
NO (  )
 

 

 
If you responded "NO" to any of the above, provide reasons.


 

6. Request for documents to be designated as confidential

Sections 30 to 34 of the Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, 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 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.

6.1 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

1A

 Supplementary Brief    

SECTION 2:  OWNERSHIP

2A

 Constituting Documents (or drafts)    

2B

 Statement on Control of Applicant    

2C

 Delegation of Responsibility by Contract    


This document is available in alternative format upon request.
CRTC 111 (2011-10-17) - New - Specialty Audio

version française disponible

 

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