Application to Renew a Broadcasting Licence for a Native Radio Programming Undertaking

Application to Renew a Broadcasting Licence for a Native Radio Programming Undertaking -Form 121

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 can contact the Commission at 1-877-249-CRTC (2782).

Applicants who need further information relative to the CRTC processes can contact a Commission specialist at 1-866-781-1911.

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 conventions 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 121 "Application to Renew a Broadcasting Licence for a Native Radio Programming Undertaking"
Appendix 1 – APP – Doc3 - Appendix 1 – Supplementary brief
Appendix 2A – APP – Doc4 – Appendix 2A – Amendments to constituting documents
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 Renew a Broadcasting Licence for a Native Radio Programming Undertaking

1. General information

AM undertaking ( ) FM undertaking ( ) Call sign:______________

Location of undertaking:___________________________
(if more than one transmitter, indicate them under section 4.2)

1.1 Identification of licensee

Name of legal entity who is authorized by the Commission to operate this undertaking:
Address:
Fax:
E-mail:

Contact person representing the licensee
(if there is no appointed agent under question 1.2)

Name:
Title:
Telephone:

Please indicate the E-Mail address and Fax number that should be specified in a Notice of Consultation for service of interventions.

E-mail:
Fax:

1.2 Appointment of agent

I, _________________________, the licensee, hereby appoint _____________________ as my agent 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 there to 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 agent:
Title:
Telephone:
Fax:
E-mail:

1.3 Declaration of the licensee or its appointed agent

I, ___________________________________ SOLEMNLY DECLARE THAT:

I am the ___________________________ (representative/appointed agent) of the licensee named in this application and as such have knowledge of all matters declared therein.
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.
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.
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 Compliance

The undertaking is being operated in compliance with the provisions of the licence, the Broadcasting Act, and all applicable regulations of the CRTC.

YES ( ) NO ( )

If NO, provide the full details of any non-compliance during the licence term, including the reasons, any remedial action and, where applicable, the period of time expected before the undertaking is operating in compliance.

1.6 Same terms and conditions

The licensee proposes to operate this undertaking, including all authorized ethnic SCMO services, if applicable, under the same terms, conditions and definitions, as specified in the current licence and in the last renewal decision or, if there has been no renewal, in the initial licensing decision, and as specified in any subsequent written approvals granted during the term of its current licence.

YES ( ) NO ( )

If NO, please indicate any proposed amendments, along with the reasons why they are being sought. If these proposed amendments are different from the terms and conditions stipulated in Public Notice CRTC 2001-70, Changes to conditions of licence for certain native radio undertakings, please provide reasons why the licensee would not be able to meet these obligations.

1.7 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

If the licensee is an individual, go to Section 3.

2.1 If no changes or amendments were done to the constituting documents (for example, Letters Patent, By-Laws, etc.) of the licensee since the last renewal, please sign the following attestation:

I hereby declare that no changes were done since the last renewal.

Signature of Licensee or its appointed agent (not required if submitting electronically):

2.2 Complete the following table relating to the directors and officers, including the Chief Executive Officer, of the licensee. Please note that all sections must be completed.

Directors and officers

Name of Directors/Officers⁽¹⁾	Complete Home Address⁽²⁾	Canadian⁽³⁾ (x)	Officer: Position Held⁽⁴⁾	Directors:⁽⁵⁾ Date and Term of Appointment

Supporting document to be appended:

Appendix 2A

All changes or amendments to the constituting documents (for example, Letters Patent, By-Laws, etc.) of the licensee.

Definitions

⁽¹⁾Director/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⁾Complete Home Address:	Include civic number, street name, town, province and postal code. If civic numbers and street names are not available, supply the legal description or identifier of the land.
⁽³⁾Canadian:	Specify if Canadian or non-Canadian. Canadian is defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268 as:
	a citizen within the meaning of subsection 2(1) of the Citizenship Act who is ordinarily resident in Canada; a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who is ordinarily resident in Canada and has been ordinarily resident in Canada for not more than one year after the date on which that person first became eligible to apply for Canadian citizenship;
⁽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⁾Directors:	Means a person who is a member of the board of directors of a corporation or, where the corporation has no directors, a person performing functions that are similar to the functions performed by directors, as defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.

3. Programming information

3.1 Condition of licence

The licensee accepts, as a condition of licence, to devote a minimum of 35% of all Category 2 musical selections broadcast, during each broadcast week, to Canadian selections (Public Notice CRTC 2001-70 dated 15 June 2001).

YES ( ) NO ( )

If NO, provide reasons why the licensee would not be able to meet this obligation.

3.2 Industry Codes

The licensee accepts the following codes, as condition of licence, during all hours of broadcast:

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

YES ( ) NO ( )

If NO, provide reasons why the licensee would not be able to meet this obligation.

to adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' Equitable Portrayal Code (Public Notice CRTC 2008-23 dated 17 March 2008), as amended from time to time and approved by the Commission.

YES ( ) NO ( )

If NO, provide reasons why the licensee would not be able to meet this obligation.

Aboriginal programming

3.3 Please provide the number of hours of aboriginal language spoken word the licensee currently broadcasts during the broadcast week. How many hours does the licensee intend to broadcast in the coming licence term during the broadcast week?

3.4 What percentage of the total musical selections are aboriginal language musical selections? Will this percentage change in the coming licence term? If so, how?

3.5 What percentage of the total musical selections are selections performed by a Canadian Aboriginal artist? Will this percentage change in the coming licence term? If so, how?

3.6 In Public Notice CRTC 2001-70, the Commission stated that, depending upon the particular circumstances of each case, it would either encourage or require native radio stations that prefer to broadcast wrap-around programming after their daily sign-off, to use programming from another native radio station or network.

Indicate the number of hours of wrap-around programming the licensee provides in each broadcast week.
Please provide the source of this programming.
If this source is not another native station or network, provide the reason(s) why the licensee has not chosen programming from a native radio station or network.

3.7 Please indicate how many hours of local programming the licensee provides during the broadcast week. How many hours of local programming does the licensee intend to broadcast in the coming licence term during each broadcast week?

3.8 Please indicate how the programming targets an aboriginal audience and reflects an aboriginal cultural orientation.

4. Technical information

4.1 Please provide technical information on the mother station.

Location	Call Sign	Expiry Date

4.2 Please provide a list of the rebroadcasting transmitters associated with the licensee's radio programming undertaking and technical information relating to them.

Location	Call Sign	Expiry Date

5. 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:

Information that is a trade secret
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
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.

5.1 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 (optional)
Section 2: Ownership
2A	Amendments to constituting documents

This document is available in alternative format upon request.
CRTC 121 (2011-04-01) - Renewal - Native Radio Undertaking
version française disponible

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