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Application to Obtain a Broadcasting Licence to Operate a Specialty Audio Programming Undertaking - Form 111General instructions
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| Applicants should
consult the Commission's New Licensing Framework for specialty audio
programming services in Public Notice CRTC
2002-53 dated 12 September 2002. |
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| 1. |
Filing |
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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. |
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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). |
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| 2. |
Instructions |
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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. |
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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. |
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Naming convention for the
electronic documents |
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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. |
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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. |
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Canadian Radio-television and Telecommunications CommissionApplication to obtain a broadcasting
licence
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| Name of proposed specialty audio service: |
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| Areas where the service will be distributed: |
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| National (
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Regional ( ) Specify:
Local ( ) Specify: |
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| 1.1 |
Identification of proposed licensee (hereinafter the
applicant) |
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| Individual ( )
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Company to be
incorporated ( ) |
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| Company ( )
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Other ( ) Specify:
____________________ |
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| Name: Address: Facsimile: Email: Contact person representing the applicant |
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| 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: |
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| 1.3 |
Declaration of the applicant or its designated representative |
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| I,
___________________________________ solemnly declare that: |
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| a) |
I am the designated representative of the applicant
named in this Application Brief and as such have knowledge of all matters
declared therein. |
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| 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. |
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| 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. |
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| d) |
I have examined the
provisions of the Broadcasting Act and the broadcasting regulations
relevant to this application. |
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| And I have signed Signature (not required if submitting electronically): Date: Witnessed by Signature (not required if submitting electronically): Name (Printed): Date: At: |
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| 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: Email: |
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| 1.5 |
Procedural requestThe 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. |
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2. Ownership
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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). |
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| 2.1
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For the applicant, complete the following tables providing: |
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| 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. |
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| Name of the corporation for which the following table pertains: | ||||
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DIRECTORS AND OFFICERS |
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NAME(1) |
COMPLETE HOME |
CITIZENSHIP(2) |
DIRECTORS(3): |
OFFICERS(4): |
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: | |||||||||
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CAPITAL STRUCTURE AND SHAREHOLDERS |
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Shares/ |
Partici- |
Votes |
Authorized |
Issued |
Name of |
Licensee |
No. |
% of |
Canadian(2)(5) |
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: | ||||
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Class of |
Shareholders |
Total Number of |
% of |
Canadian(2)(5) |
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. |
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| a) |
A list of the directors
and officers, including the Chief Executive Officer. |
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| Name of the corporation for which the following table pertains: | ||||
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DIRECTORS AND OFFICERS |
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NAME(1) |
COMPLETE HOME |
CITIZENSHIP(2) |
DIRECTORS(3): |
OFFICERS(4): |
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: | |||||||||
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CAPITAL STRUCTURE AND SHAREHOLDERS |
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Shares/ |
Partici- |
Votes |
Authorized |
Issued |
Name of |
Licensee |
No. |
% of |
Canadian(2)(5) |
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: | ||||
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Class of |
Shareholders |
Total Number of |
% of |
Canadian(2)(5) |
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. |
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Supporting documents to be appended: |
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| 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. |
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3. Industry consolidation and
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| 3.1
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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. |
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| a) |
Other CRTC
licence |
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| b) |
Daily
newspaper |
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| c) |
Non-daily
newspaper or other media publisher |
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| d) |
Production
or distribution of programming material |
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| e) |
Lessor of
property, plant or equipment of applicant company |
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| f) |
Telecommunications company regulated under the Telecommunications Act |
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| g) |
Company
owning securities in any of categories (a) to (f) |
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4. Distribution
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| 4.1 |
Have you
entered into an agreement with one or more BDUs to distribute the proposed
service? |
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| YES ( ) |
NO ( ) |
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| If YES,
specify the BDU(s): |
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| 4.2 |
How do you
expect the proposed service to be distributed by the BDU(s)? |
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| Digital ( ) |
Analog ( ) |
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| If ANALOG,
provide reasons. |
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5. Programming
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| 5.1 |
Nature of service |
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| a) |
Language of service |
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Language |
(Ö) |
| English | |
| French | |
| Bilingual -- English: French: |
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| Other (specify
language of programming): |
b) |
Provide a description of the target audience. |
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| 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. |
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| 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 |
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| 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. |
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| 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. |
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| YES (
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NO ( ) |
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| If NO, |
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| i) |
Indicate
what is the level of Canadian content that you propose and that you would accept
as a CONDITION OF LICENCE: __________ % |
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| 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. |
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| 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. |
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| 5.3 |
French vocal music |
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| 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. |
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| YES (
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NO ( ) |
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| If NO, |
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| a) |
Indicate
what is the level of French vocal music that you propose and that you would
accept as a CONDITION OF LICENCE: _______ %. |
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| 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. |
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| 5.4 |
Canadian talent development |
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| Briefly
describe how this service will promote and develop Canadian artistic and musical
talent. |
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| 5.5 |
Industry codes
The Applicant accepts, as CONDITION OF LICENCE,
to adhere to the following industry codes during all hours of broadcast: |
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| 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. |
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| YES (
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NO ( ) |
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| If NO,
provide reasons. |
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| 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). |
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| YES (
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NO ( ) |
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| If NO,
provide reasons. |
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| 5.6 |
Other programming requirements
The Applicant accepts, as a CONDITION OF
LICENCE, to adhere to the following sections of the Radio Regulations,
1986: |
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Section 3,
related to "Broadcasting Content" |
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| YES ( ) |
NO ( ) |
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Section 4,
related to the broadcasting of commercial messages dealing with alcoholic
beverages |
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| YES ( ) |
NO ( ) |
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Section 6,
related to "Political Broadcasts" |
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| YES ( ) |
NO ( ) |
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Section 7,
related to "Ethnic Programs" |
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| YES ( ) |
NO ( ) |
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Section 8,
related to "Logs and Records" |
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| YES ( ) |
NO ( ) |
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Section
9(2), related to the requirement to submit an annual return (standard filing
requirements) |
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| YES ( ) |
NO ( ) |
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Broadcasting Licence Fee Regulations, 1997 (if the revenues exceed the
threshold amount of $2 million) |
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| YES ( ) |
NO ( ) |
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| If you
responded "NO" to any of the above, provide reasons. |
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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:
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.
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
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APPENDIX NUMBER AND NAME |
APPENDED |
E-FILED |
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SECTION 1: GENERAL INFORMATION |
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1A |
Supplementary Brief | ||
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SECTION 2: OWNERSHIP |
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2A |
Constituting Documents (or drafts) | ||
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2B |
Statement on Control of Applicant | ||
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2C |
Delegation of Responsibility by Contract | ||
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***End of Document*** |