The Commission will return the application if it has not been duly completed. 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 Category B¹ digital specialty or pay television programming undertaking

¹ As set out in Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services , Broadcasting Public Notice CRTC 2008-100, 30 October 2008, Category 2 services will be renamed Category B services effective 1 September 2011. The term Category B is used in this application form to encompass both Category B and Category 2 services.

1. General information

Name of proposed service: _____________

Type of undertaking:
Specialty ( ) Pay ( )

National ( ) Regional ( )
If regional, specify region(s) to be served:

1.1 Identification of proposed licensee (hereinafter the applicant)

Corporation ( ) Company to be incorporated ( ) Other ( )
If 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 Notice of Consultation, for service of interventions.

Email:
Facsimile:

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 designated representative

I, ___________________________________ solemnly declare that:

1. I am the designated representative of the applicant named in this Application Brief and as such have knowledge of all matters declared therein.
2. 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.
3. 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.
4. 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

2.1 Ownership information

Appendix 2A: All applicants must complete section a) of the appendix but may be exempt from completing section b).

1. The applicant:
   The entity applying to obtain a broadcasting licence to operate a Category B digital specialty or pay television programming undertaking;
2. 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:
   1. 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;
   2. no amalgamation has occurred; and
   3. the exemption statement in section a) of Appendix 2A has been completed.

2.2 Control statement and agreements

Append as Appendix 2B:

1. 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.
2. 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.

2.3 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

1. For the applicant; if not yet incorporated, provide draft documents
2. For the parent corporation and for each corporation or other legal entity listed in table 2.2 of an Appendix 2A, holding directly or indirectly 20% or more of the voting interest of the corporation to which the table 2.2 pertains.

2.4 Business arrangements

If the applicant has entered into a business arrangement with another party (for example, Programming Supply Agreement, Trademark Licence Agreement, Joint Venture or Shareholder Agreement, etc.), copies of such agreements applicable to the proposed service must be filed with the Commission.  Provide a copy, draft or otherwise, in Appendix 2D.

The applicant is reminded that, if its application is approved, such approval will be in accordance with the ownership and control set out in the application.  If approved, the applicant is expected to file, when available, any additional agreements, such as those identified above, entered into before or after the launch of the service for which it is applying.

3. Industry consolidation and cross-media ownership

3.1 Submission of information

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 List of all entities involved

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

1. Other CRTC licence holder and exempted undertakings
2. Daily newspaper
3. Non-daily newspaper or other media publisher
4. Production or distribution of film or television program
5. Lessor of property, plant or equipment of applicant
6. Telecommunications company regulated under the Telecommunications Act
7. Company owning securities in any of categories (a) to (f)

4. Conditions of licence

4.1 Conditions of licence

The Commission has set out standard conditions of licence and expectations for Category B undertakings in Standard conditions of licence, expectations and encouragements for Category B pay and specialty services, Broadcasting Regulatory Policy CRTC 2010-786, 25 October 2010.

The applicant will adhere to the standard conditions of licence and expectations set out in Broadcasting Regulatory Policy 2010-786, by condition of licence.

Yes ( ) No ( )

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

5. Programming

5.1 Nature of service

English-or French-language Category B services must demonstrate that they will not be directly competitive with any Category A service previously approved by the Commission. They must also demonstrate that they would not be competitive with any Category C services (those services approved under Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news, Broadcasting Regulatory Policy CRTC 2009-562, 4 September 2009). While the Commission does not apply a competitiveness test to third-language services (those offering at least 90% of their programming in languages other than English or French) it does need evidence of whether the service will be a general interest service (offering programming from a broad spectrum of program genres and categories) or a niche service (focused on a specific programming genre or a particular target group, e.g. children of a certain age, women, car racing enthusiasts, etc.).

In order to determine these matters, the Commission requires applicants to propose a brief definition of the nature of the proposed service that they would accept as a condition of licence.

Nature of service conditions of licence describe a service’s key characteristics, including its language, whether it is regional or national, and the type of programming it will provide or the audience it will target. The condition also includes a list of the categories of programming the service is permitted to air and may also include limitations on how much programming can be from certain categories, along with other specifics (e.g. “no live sports event coverage”).

It is on the basis of the proposed nature of service definition that the Commission determines whether a third-language service is “niche” or “general interest” or whether English- or French-language services might be competitive with Category A or C services. The following questions are designed to assist applicants to develop an appropriate nature of service definition.

1. Language(s) of the service

   Table 3 - Language of the service

   Language	Percentage (%)
   English
   French
   Cantonese
   Mandarin
   Spanish
   Hindi
   Greek
   Italian
   Other(s):
   (Specify the language)

2. Third-language services

   Note: In conformity with Revised approach for the consideration of broadcasting licence applications proposing new third-language ethnic Category 2 pay and specialty services, Broadcasting Public Notice CRTC 2005-104, 23 November 2005, in order to be considered a third-language service, the applicant must commit to devote at least 90% of the program schedule to programming in languages other than English or French. Further, if the applicant is broadcasting less than 40% in English, French, Cantonese, Mandarin, Spanish, Hindi, Greek and Italian, it may be eligible for exemption under Exemption order respecting certain third-language television undertakings, Broadcasting Public Notice CRTC 2007-33, 30 March 2007.
   
   
   1. The applicant will, by condition of licence, broadcast at least 90% of the programming in languages other than English or French.
      
      Yes ( ) No ( )
       
   2. Indicate the percentage of programming, if any, to be provided in the following languages:

      Table 4 - Percentage of third-language programming

      Language	40% or more	Less than 40%
      Cantonese	( )	( )
      Mandarin	( )	( )
      Spanish	( )	( )
      Hindi	( )	( )
      Greek	( )	( )
      Italian	( )	( )

   3. The applicant will offer the above-noted levels as a condition of licence.
      
      Yes ( ) No ( )
       
   4. Indicate the maximum percentage of third-language programming that will be accompanied by SAP or subtitles in English or in French:
      
      SAP in English: _____%
      SAP in French: _____%
      English subtitles: _____%
      French subtitles: _____%
      
      The applicant will offer these percentages as a condition of licence.
      
      Yes ( ) No ( )
      
      If no, explain.
       
   5. Indicate if your undertaking will be a general interest service (offering programming from a broad spectrum of program genres and categories) or a niche service (focused on a specific programming genre or a particular target group, e.g. children of a certain age, women, car racing enthusiasts, etc.):
      
      General interest ( )
      Niche ( )
      
      If niche, describe the specific programming genre or target group.
       
   6. Provide a brief description for a condition of licence, describing the nature of the proposed service that encompasses the information set out above.

3. All other services (English, French or Ethnic)

   1. Will the proposed service target an Ethnic group(s) (see Ethnic broadcasting policy, Public Notice CRTC 1999-117, 16 July 1999)?
      
      Yes ( ) No ( )
      
      If yes, specify the ethnic group(s):
       
   2. Provide a brief description of your proposed service.
       
   3. As noted above, Ethnic, English- or French-language Category B services must demonstrate that they will not be directly competitive with any Category A or Category C service. Attached to this application form is a list of Canadian Category A services that have already been approved by the Commission.
       
      1. Using the attached list of Category A services, indicate those services that could be considered similar to the service you are proposing.
          
      2. Describe why your service should not be considered competitive with any of those services.
          
      3. If you propose to operate a news or sports service, demonstrate why you should not be considered under the Category C framework, as set out in Broadcasting Regulatory Policy CRTC 2009-562 (as amended from time to time).
          
   4. Propose a condition of licence, setting out a nature of service definition that clearly demonstrates that the proposed service would not be directly competitive with any service(s) on the attached list.

5.2 Program categories

1. Indicate the program categories from which programming will be drawn (as defined in Definitions for television program categories, Broadcasting Regulatory Policy CRTC 2010-808, 1 November 2010):
    

   Table 5 - Categories of programming

   Categories of programming	Yes/No
   1 - News
   2a - Analysis and interpretation
   2b - Long-form documentary
   3 - Reporting and actualities
   4 - Religion
   5a - Formal education and pre-school
   5b - Informal education/recreation and leisure
   6a - Professional sports
   6b - Amateur sports
   7a - On-going dramatic series
   7b - On-going comedy series (sitcoms)
   7c - Specials, mini-series, and made-for-television feature films
   7d - Theatrical feature films aired on television
   7e - Animated television programs and films
   7f - Programs of comedy sketches, improvisations, unscripted works, stand-up comedy
   7g - Other drama
   8a - Music and dance other than 8b or 8c
   8b - Music video clips
   8c - Music video programs
   9 - Variety
   10 - Game shows
   11a - General entertainment and human interest
   11b - Reality television
   12 - Interstitials
   13 - Public service announcements (PSA)
   14 - Infomercials, promotional and corporate videos - Not available to pay television services
   15 - Filler programming - Not available to Category B specialty services1
   1 In Introductory statement - Licensing of new specialty and pay television services, Public Notice CRTC 1994-59, 6 June 1994, the Commission stated that filler programming should not be included in nature of service definitions of specialty services, as such programming could fall under a number of other categories.

2. To further ensure that your proposed service would not be directly competitive with the Category A services on the attached list, or with Category C services, propose appropriate maximum or minimum levels of programming from any of the proposed program categories as a condition of licence. (see paragraphs 278-280 of Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services, Broadcasting Public Notice CRTC 2008-100, 30 October 2008).
    
3. The "Broadcast Day" for the purpose of calculating the applicant's commitments is:
   Choose one of the following options:
   
   (   ) the 18-hour period beginning each day not earlier than six o'clock in the morning and ending not later than one o'clock in the morning of the following day.
   
   Your "broadcast day" will begin at __________________ .
   Your "log reporting day" will begin at __________________ .
   
   or
   
   (   ) the 24-hour period beginning at _______________ each calendar day. (This time will indicate the start of both the "broadcast day" and the "log reporting day").
   

5.3 Canadian content (for pay services only)

1. If you are proposing a pay service, rather than a specialty service, justify (see paragraph 9 of Standard conditions of licence, expectations and encouragements for Category B pay and specialty services, Broadcasting Regulatory Policy CRTC 2010-786, 25 October 2010.
    
2. Provide the percentage of Canadian programming from 6 p.m. to 11 p.m. for each year of the proposed licence term that you would accept as a condition of licence. If you intend to multiplex, confirm that this will apply to each channel.
    

   Table 6 - Canadian programming from 6 p.m. to 11 p.m. for pay television service

   Year	Percentage (%)
   Year 1
   Year 2
   Year 3
   Year 4
   Year 5
   Year 6
   Year 7

3. Provide the percentage of Canadian programming for the remainder of the broadcast day, for each year of the proposed licence term that you would accept as a condition of licence. If you intend to multiplex, confirm that this will apply to each channel.
    

   Table 7 - Canadian programming for remainder of the broadcast day for pay television service

   Year	Percentage (%)
   Year 1
   Year 2
   Year 3
   Year 4
   Year 5
   Year 6
   Year 7

4. If the proposed service is a movie service, will it offer all new Canadian feature films that are suitable for a pay window and that meet the Industry Code of Programming Standards and Practices governing pay, pay-per-view and video-on-demand services?
   
   Yes ( ) No ( )
   
   If no, provide rationale.
    
5. Specify the minimum percentage of gross revenue (amount in dollars for Year 1) that you will expend on the acquisition of or investment in Canadian programs during the proposed licence term that you would accept as a condition of licence.
   
   Year 1 in dollars ($): ________
   Minimum percentage for Years 2 to 7: ________

5.4 Advertising

1. For ethnic or third-language services

   Are you seeking the authority to broadcast local advertising?
   
   Yes ( ) No ( )
   
   If yes:
   1. Confirm that you accept the following condition of licence: No more than six (6) minutes of the twelve (12) minutes of advertising material during each clock hour will consist of local advertising.
      
      Yes ( ) No ( )
      
      If no, propose an alternative condition of licence and provide justification.

2. For other services (i.e. regional services)

   Are you seeking an exception to the standard limit of twelve (12) minutes of national advertising?
   
   Yes ( ) No ( )
   
   If yes:
   1. Justify.
       
   2. Confirm that you accept the following condition of licence: No more than six (6) minutes of the twelve (12) minutes of advertising material during each clock hour will consist of local advertising.
      
      Yes ( ) No ( )
      
      If no, propose an alternative condition of licence and provide justification.

5.5 Accessibility

1. Closed captioning

   The Commission’s policies with respect to the provision of closed captioning are set out in A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007 and Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009.

   1. Quantity of closed captioning

      Paragraph 75 of Broadcasting and Telecom Regulatory Policy CRTC 2009-430 further states the following: "when captions are available, the Commission expects broadcasters to provide viewers with a closed captioned version of all programming aired during the overnight period." Accordingly, describe your plans for the licence term to ensure the provision to viewers of a closed captioned version of all programming aired during the overnight period.

   2. Quality of closed captioning

      As stated in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, in paragraphs 99-100, the Commission requires each television licensee to develop and submit, at the time of licence renewal, its own mechanisms and procedures related to the monitoring and quality control of closed captioning. Accordingly:

      1. As directed in paragraph 101 of Broadcasting and Telecom Regulatory Policy CRTC 2009-430, please submit a description of the mechanisms and procedures that you will be putting in place regarding quality control of closed captioning, including procedures to ensure that closed captioning is present throughout the entire program. At a minimum, this description must set out the means by which the applicant intends to ensure that captioning errors are corrected before programming is rebroadcast.
          
      2. Please submit a description of the monitoring system you will be putting in place to ensure the captioned signal reaches viewers in its original form. "Original form" means, at a minimum, that the captioning provided by the licensee reaches the distributor and the viewer unaltered, whether it is passed through in analog or in digital, including in high definition.

2. Audio description

   As directed in paragraph 128 of Broadcasting and Telecom Regulatory Policy CRTC 2009-430, identify the measures the applicant will put in place to effectively implement audio description.

3. Described video

   1. The applicant is technically capable of providing described video.
      
      Yes ( ) No ( )
      
      If no, explain what would be required to provide described video.
       
   2. As set out in Standard conditions of licence, expectations and encouragements for Category B pay and specialty services, Broadcasting Regulatory Policy CRTC 2010-786, 25 October 2010, the Commission expects Category B services to acquire and make available described versions of programming whenever possible. It also expects these services to:
       
      • display a standard described video logo and air an audio announcement indicating the presence of described video before the broadcast of each described program; and
      • make information available regarding the described programs that they will broadcast.
         
      Please describe how the licensee will fulfill these expectations.

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

This document is available in alternative format upon request.
CRTC 125 (2011-06-21) - New - Category B Digital Specialty or Pay
version française disponible

***End of Document***

Canadian Category A services already approved