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

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 Application to renew a broadcasting licence for a distribution undertaking - Form 123 

General instructions


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. 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).

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.

Table 1 - Naming convention for the electronic document

 
  • The Covering Letter (if any) - Doc1 - Cover Letter dated ______________
  • The Application Form - Doc2 - Form 123 "Application to Renew a Broadcasting Licence for a Distribution Undertaking"
  • Appendix 1A - Doc3 - Appendix 1A - Supplementary Brief
  • Appendix 2A - Doc4 - Appendix 2A - Amendments to constituting documents
  • Appendix 4A - Doc5 - Appendix 4A - Map(s) - Authorized / Current service Area
  • Each confidential document - NOT WEB - Doc# - CONFDOC - "brief description of the document"
  • Each abridged version of each confidential document - 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

Form 123 - Application to renew a broadcasting licence for a distribution undertaking

1. General information

 
Location of undertaking:  ____________________________________________
 
TYPE OF UNDERTAKING  NUMBER OF SUBSCRIBERS 
 
 Radiocommunication (off-air): 
 MDS   Class 1 (  )   Class 2 (  )   Class 3 (  )   
 LMCS   Class 1 (  )   Class 2 (  )   Class 3 (  )   
 MTV (unscrambled) (  )   
 STV (scrambled) (  )   
 
 Satellite: 
  DTH (  )   
 
  Other (  ) Specify: 		  

1.1
 
Identification of licensee
Name:
Address:
Fax:
E-mail:

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

Name:
Title:
Telephone:

 
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 thereto and I do hereby ratify, confirm, and adopt as my own act, such application and all replies made thereto.

Date:
At:
Signature:
Address of agent:
Title:
Telephone:
Fax:
E-mail:
 
1.3
 		 Declaration of the licensee or its appointed agent 
 

 		 I, ___________________________________ SOLEMNLY DECLARE THAT:
 

 		 a)
 		 I am the ___________________________ (representative/appointed agent) of the licensee 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:

Date:

Witnessed by

Signature:

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, over the licence term, with the provisions of its 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.

Date:

At:

Signature of Licensee or its appointed agent:
 

1.6 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) 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.
(2) 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.
 
2.1
 		 For the licensee, complete the following tables providing:
 

 		 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

Complete Home
Address

Citizenship

Directors:
Date of
Appointment

Officers:
Position Held
 
         

 
b)
 
A list of shareholders holding 10% or more of the voting shares(1), of the voting rights (when different from the voting shares), and of the Common(2) (participating) shares, by class of shares.
 
 Name of the corporation for which the following table pertains:

CAPITAL STRUCTURE AND SHAREHOLDERS

Shares/
Units

Participating
(X)

Votes
 

Authorized

Issued

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

No.
 Held

% of
Votes

Canadian
 (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
 (X)
         

If all of the ownership information requested in questions 2.2 and 2.3 has already been submitted to the Commission within the last 12 months and is still current, complete the following:
 
.
 		 The application number or the date where this information was last supplied:                               
 
.
 		 Go to section 3.
 
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 licensee:
 

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

DIRECTORS AND OFFICERS

Name

Complete Home
Address

Citizenship

Directors:
Date of
Appointment

Officers:
Position Held
 
         

 
b)
 
A list of shareholders holding 10% or more of the voting shares(1), of the voting rights (when different from the voting shares), and of the Common(2) (participating) shares, by class of shares.
 
 Name of the corporation for which the following table pertains:

CAPITAL STRUCTURE AND SHAREHOLDERS

Shares/
Units

Participating
(X)

Votes
 

Authorized

Issued

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

No.
 Held

% of
Votes

Canadian
 (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
 (X)
         

2.3
 
Complete the same tables as in 2.2 for each corporation holding, directly and/or indirectly, 20% or more of the voting interest (shares and/or votes) of the corporations in 2.2 b), and for any corporation forming part of their ownership chain.
 
Supporting document to be appended:
 
APPENDIX 2A
 		 A copy of all changes or amendments to the constituting documents (for example, Letters Patent, By-Laws, etc.) of the licensee and of the corporations listed in 2.2 and 2.3, that are not already filed with the Commission.
 
 

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 licensee, a corporation which directly or indirectly controls the licensee and any shareholder holding 20% or more of the voting shares and/or rights of the licensee.
 

 		 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 licensee
 

 		 f)
 		 Telecommunications company regulated under the Telecommunications Act
 

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


4. Service information
4.1
 		 Describe the authorized service area noting the name of the principal community(ies):

 

Distribution of services
4.2
 		 Provide/confirm a website address where the distribution grid (i.e., the channel lineup) is listed, according to the licensed location. The distribution grid must contain the call sign and location or service name of each programming service, as well as the mode of distribution [basic (B) or discretionary (D)] and channel or frequency on which each signal is distributed (refer to Broadcasting Information Bulletin 2009-384).
 

4.3 Community channel

  1. The Commission has set out the provisions and requirements for community channels operated by terrestrial distribution undertakings in its Community Telvision Policy, Broadcasting Regulatory Policies CRTC 2010-622, 26 August 2010, and in Community Television Policy - Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010.

    Please confirm that the licensee will adhere to the applicable provisions (i.e. requirements, expectations and/or encouragements) set out in Broadcasting Regulatory Policy CRTC 2010-622 and 2010-622-1, by condition of licence.

    Yes (   ) No (   )

    If no, specify the requirements, expectations and/or encouragements you propose to amend with a detailed rationale in support of any such amendment, including, where appropriate, financial evidence, and propose wording for alternative requirements, expectations and/or encouragements

  1. For the licensees that elect to distribute a community channel, outline how you are operating fully in accordance with the provisions set out in the Community Television Policy, particularly with respect to :
  1. Roles and objectives
  2. Local community television programming
  3. Community programming
  4. Access programming
  5. Accountability and reporting
  1. For licensees that provide community programming in the greater Toronto, Montréal and Vancouver areas, outline how you reflect the various geographic communities within your licensed areas in these urban centers, and which commitments you have undertaken:


4.4 Closed captioning

  1. Paragraph 90 of Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010 states that the Commission intends to impose conditions of licence requiring licensed BDUs that operate community channels to caption 100% of original licensee-produced programming by the end of the next licence term. This requirement is subject to exceptions that take into account instances, but not patterns, of equipment/technical malfunctions and human errors that are beyond the broadcaster's control, or circumstances beyond the broadcaster's control where captioning may not be available.

    Please comment on the captioning requirement as it relates to your service for the new licence term. If you are proposing an alternative to the 100% captioning requirement described above, please provide reasons, with specific and detailed supporting evidence, including financial information, to support your rationale for the captioning requirement you are proposing.

    Given the unique circumstances of community TV channels, please comment on the captioning requirement you are prepared to make, in light of Broadcasting Public Notice 2007-54. If you are proposing an alternative to the 100% captioning requirement, please provide reasons, with specific and detailed supporting evidence, including financial information, to support your rationale for the captioning requirement you are proposing.


    Please confirm that the licensee will adhere to the captioning requirement by condition of licence.

    Yes ( ) No ( )
     
  2. Paragraph 90 of Broadcasting Regulatory Policy CRTC 2010-622, states that the Commission expects licensed BDUs to ensure that 100% of original access programming is captioned by the end of the next licence term.

    Please describe how the licensee will ensure that 100% of original access programming is captioned by the end of the new licence term.

4.5 Audio Description

As directed in Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, please confirm that the licensee will adhere, by condition of licence, to the requirement to provide audio description for all information programs and for news programming (that is, the voice-over of key textual, graphic design and still image elements, such as phone numbers, stock information, or weather maps that are posted on the screen).

Yes ( ) No ( )

If no, provide reasons, with specific and detailed supporting evidence, including financial information.

If yes, as directed in Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, identify the measures the licensee will put in place (and by what date) to implement audio description effectively, including plans for staff training and the staff position responsible for ensuring the appropriate implementation of audio description.

Accessibility

4.6 Customer information, service and support

  1. Promotion of disability-specific services and products

    1. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 56, the Commission requires Class 1 and direct-to-home (DTH) BDUs to promote information on all of their disability-specific services and products, in the accessible manner(s) of their choice.

      Have you met or will you meet this requirement?

      Yes ( ) No ( )

      If yes, describe the measures the licensee has undertaken or will undertake (and by which date) to ensure that this requirement is fulfilled.

      If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.
       
    2. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 57, the Commission requires Class 1 and DTH BDUs to incorporate an easy-to-find home page link to the special needs/disability sections of their websites, if their websites include such sections.

      Have you met or will you meet this requirement?

      Yes ( ) No ( )

      If yes, describe the measures the licensee has undertaken or will undertake (and by what date) to ensure that this requirement is fulfilled.

      If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

  2. Websites

  1. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 65, the Commission requires Class 1 and DTH BDUs to make the information on telecommunications and broadcasting services and products on their websites accessible to the point of providing a reasonable accommodation for persons with disabilities, with the service providers determining how to achieve this, by 23 July 2012. For examples of reasonable accommodation in relation to the customer service information on websites, consult paragraphs 66 and 67 of Broadcasting and Telecom Regulatory Policy CRTC 2009-430.

    Have you met or will you meet this requirement?

    Yes ( ) No ( )

    If yes, describe the measures the licensee has undertaken or will undertake (and by what date) to ensure that this requirement is fulfilled.

    If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

     
  2. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 68, the Commission requires Class 1 and DTH BDUs to make accessible any customer service functions that are available solely over the service providers' websites, by 23 July 2012.

    Have you met or will you meet this requirement?

    Yes ( ) No ( )

    If yes, describe the measures the licensee has undertaken or will undertake (and by what date) to ensure that this requirement is fulfilled.

    If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

     
  3. Please note that, as stated in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 68, where customer service functions on websites are not accessible, persons with disabilities must not incur a charge or otherwise be disadvantaged if they use an alternate channel of customer service to access those functions.

    Have you met or will you meet this requirement?

    Yes ( ) No ( )

    If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

  1. General call centres

  1. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 69, the Commission requires Class 1 and DTH BDUs to make their general call centres accessible to the point of providing a reasonable accommodation to persons with disabilities by a) training customer service representatives in handling enquiries from persons with disabilities, and familiarizing them with the service providers' products and services for persons with disabilities and b) making Interactive Voice Response systems accessible.

    Have you met or will you meet this requirement?

    Yes ( ) No ( )

    If yes, describe the measures the licensee has undertaken or will undertake (and by what date) to ensure that this requirement is fulfilled.

    If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

4.7 Described video

  1. Access to described video

    1. Pursuant to paragraph 118 in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, the applicant accepts as a condition of licence to provide one or more simple means of accessing described programming, whether in an open or embedded format, that requires little or no visual acuity.

      Yes ( ) No ( )

      If yes, describe the measures the licensee has undertaken or will undertake (and by what date) to ensure that this requirement is fulfilled.

      If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.


  2. Accessibility of the set-top box

    1. Consistent with Regulatory Policy CRTC 2009-430, paragraph 120, please describe efforts to procure and offer set-top boxes STBs accessible to subscribers with vision and fine motor skill disabilities.


  3. Awareness of described programming

    1. As stated in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 122, the Commission expects BDUs to develop one or more means of identifying programming with described video in their electronic program guides. This could include an audio tone, a visual indicator, or the offer of an audio electronic program guide. In addition, the Commission expects BDUs to make information available in alternative formats to subscribers regarding, among other things, the programming and services offered and the channel line-up.

      Please describe how the licensee will fulfill these expectations, including any consultations with groups representing persons with disabilities held on these issues.
       
4.8        Please describe any other mechanisms designed to make your services more accessible for people with disabilities.

 

Supporting document to be appended:
 
Appendix 4A
 		 Authorized service area
(refer to Broadcasting Information Bulletin CRTC 2009-384)
 

 		 For radiocommunication distribution undertakings, a contour/service area map provided as part of the Industry Canada technical submission is to be provided electronically in one of the following formats:
  • standard image (e.g., GIF, JPEG, TIFF, BMP)
  • PDF file format
  • GIS-compatible file format, electronically or on a CD-ROM

A map provided in a GIS-compatible file format must be created using a map datum of NAD83. The Commission will only accept the following GIS-compatible file extensions:

  • MapInfo format (.tab)
  • MapInfo Interchange format (.mid/.mif)
     

 		 Licensees are encouraged to post their service area maps or contour maps on their respective websites.

 

5. Employment equity
 
Information relating to employment equity is available in Public Notices CRTC 1992-59 and 1997-34.
The Commission requires responses to questions regarding Employment Equity on behalf of the licensee as a whole, with reference to all of its employees in aggregate, that is, employees at all undertakings for which the licensee holds licences.
 

5.1     Is the licensee subject to the 1996 Employment Equity Act (applicable to federally-regulated employers with 100 or more employees)?

Yes (   ) No (   )

If YES, do not complete the remainder of this section.

If NO, proceed to question 5.2.

 
5.2    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 5.3 to 5.5 - Applicable if between 25 and 99 employees only:
 
5.3    How do you or will you communicate details of your employment equity policies to managers and staff?
5.4    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?
5.5    What financial resources do you have or will you put in place to promote employment equity in the workplace (for example, funds for daycare, access for
          persons with disabilities, etc.)?

6. 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.

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

  Amendments to constituting documents    

SECTION 4:  SERVICE INFORMATION

4A

  Map(s) - Authorized / Current service Area    


This document is available in alternative format upon request.
CRTC 123 (2011-07-15) - Distribution - Renewal
version française disponible

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