Application to obtain a Broadcasting Licence to Operate a Digital Television (DTV) Undertaking (NOT Associated with an Analog Television Station) - Form 130

General instructions

Filing

File electronically via My CRTC Account by attaching the application to the Cover page. My CRTC Account allows you to securely submit documents to the Commission with a user ID and password. Therefore, a signature is not required when using My CRTC Account. 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 My CRTC Account 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 conventions for 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.

1. General information

Location of undertaking: ________________________

1.1 Identification of applicant

Individual ( ) Company ( ) Company to be incorporated ( ) Other ( )

If other, specify: ________________________

Name:
Address:
City:
Province/Territory:
Postal code:
Telephone:
Fax:
Email:

Contact person representing the applicant
(if there is no appointed designated representative under question 1.2)

Name:
Title:
Telephone:
Email:

1.2 Appointment of designated representative

I, _________________________, the applicant, hereby designate____________________ 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: Example: city, province
Signature (a signature is not required when submitting electronically):
Address of designated representative:
Title:
Telephone:
Fax:
Email:

1.3 Declaration of the applicant or its 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 in any document filed pursuant to any request for further information by the Commission are (will be) to the best of my knowledge and believed to be true in all respects.

3. The opinions and estimates given in this application or in 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 and policies relevant to this application.

And I have signed

Signature (a signature is not required when submitting electronically):
Date:

Witnessed by

Signature (a signature is not required when submitting electronically):
Name:
Date:
At: Example: city, province

1.4 Procedural request

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of 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 Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and Guidelines on the CRTCRules 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:

1.5 Application

The Commission will return the application if it has not been duly completed. The onus will be on the applicant to submit a complete application that provides all of the relevant information, to identify all regulatory issues raised in the application and to provide supporting documentation.

Submit a website address or email address where an electronic copy of the application may be requested:

Website:
Example: www.mycompany.com

Email:
Example: no-reply@no-reply.com

2. Ownership

Definitions:

2.1

For the applicant, complete the following tables providing:

1. A list of the directors and officers, including the Chief Executive Officer. The table should reflect the present or if not yet incorporated, the proposed board of directors and officers.

   Name of the corporation for which the following table pertains: ______________

   Directors and Officers

   NameFootnote 1	Complete Home Address	CitizenshipFootnote 2	DirectorsFootnote 3: Date of Appointment	OfficersFootnote 4: Position Held

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

   Name of the corporation for which the following table pertains: _____________________

   Capital Structure and Shareholders

   Shares/ Units	Votes	Participating (X)	Authorized	Issued	Name of ShareholdersFootnote 1 (company: provide jurisdiction) (individual: provide complete home address)	No. Held	% of Votes	CanadianFootnote 2Footnote 5 (X)

3. For the remaining shares not listed in table b) above, provide a breakdown between Canadian and non-Canadian of the total of the said shares, by class of shares.

   Name of the corporation for which the following table pertains: _____________________

   Class of Shares	Shareholders	Total Number of Shares	% of Votes	CanadianFootnote 2Footnote 5 (X)

2.2

Complete the following tables for each corporation holding, directly and/or indirectly, 10% or more of the voting interest (shares and/or votes) of the applicant:

1. 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

   NameFootnote 1	Complete home address	CitizenshipFootnote 2	DirectorsFootnote 3: Date of appointment	OfficersFootnote 4: Position held

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

   Name of the corporation for which the following table pertains: _____________________

   Capital Structure and Shareholders

   Shares/ Units	Votes	Participating (X)	Authorized	Issued	Name of ShareholdersFootnote 1 (company: provide jurisdiction) (individual: provide complete home address)	No. Held	% of Votes	CanadianFootnote 2Footnote 5 (X)

3. For the remaining shares not listed in table b) above, provide a breakdown between Canadian and non-Canadian of the total of the said shares, by class of shares.

   Name of the corporation for which the following table pertains: _____________________

   Class of Shares	Shareholders	Total Number of Shares	% of Votes	CanadianFootnote 2Footnote 5 (X)

2.3

Complete the same tables as in 2.2 for each corporation holding, directly and/or indirectly, 10% or more of the voting interest (shares and/or votes) of the corporations listed in 2.2 b), and for any corporation forming part of their ownership chain.

Questions 2.4 and 2.5 are to be completed only where the cost of the undertaking exceeds $250,000.

2.4

Specify the funds available to finance the proposed undertaking:

Equity:

Debt:

Total:

2.5

1. Specify the individual sources of financing for the funds identified in question 2.4 (for example, Bank loans, share capital, other loans). If any of these persons hold public office, by election or appointment, indicate the office held under the name of the person(s).

   Source	$

2. Where financing is to be provided, in whole or in part, through debt securities, provide the list of proposed debt holders, including names, citizenship or jurisdiction of incorporation (or other form of constitution), designation and description of debt securities held, and the principal amount of each one.

Supporting documents to be appended:

Appendix 2A

A copy of all constituting documents (for example, Articles and Certificates of Incorporation, By-Laws, Partnership or Trust Agreement) relating to the applicant and each corporation or other legal entity identified in questions 2.1, 2.2 and 2.3 (provide draft documents where a corporation is not yet incorporated). If the constituting documents have been filed with the Commission and no changes have occurred since, provide reference to the application that contains the most recent documentation together with a declaration attesting that the information is still accurate and valid as of the date of the filing of the application.

Appendix 2B

A statement regarding who controls/will control the applicant and by what means; if control is to be held by a shareholder company, also advise who controls/will control it and by what means; if applicable, attach all related documents or agreements (for example, Shareholder Agreement, Voting Trust Agreement).

Appendix 2C

If the applicant has delegated or will delegate by contract any responsibility, copies of the contracts (or proposed contracts). If applicable, indicate the legislative authority under which the corporation or other legal entities to such contracts are incorporated or otherwise constituted.

Appendix 2D

Documentation supporting the availability of each source of financing identified in question 2.5 if the cost of the undertaking exceeds $250,000. (Note:

1. Where funds are to be provided, directly or indirectly by a third party institution such as a bank, credit union, etc., submit a signed letter on the institution's stationery containing the following information:

   "We have examined the financial projections of (Name of applicant) related to the application(s) before the Commission for a licence(s) to provide (type of service) to (location(s)) and we would be prepared to provide financing in the amount of ($) under the following terms and conditions (specify ALL the terms and conditions), subsequent to a favorable decision by the Commission, for the purpose of providing capital and operating funds related to the undertaking(s)."

2. Where funds are to be provided by an individual(s) whether for the purchase of share capital and/or the provision of debt securities, submit a signed statement of net worth from each individual, prepared and notarized within 3 months of the filing of the application.

3. Where funds are to be provided, directly or indirectly, by a corporation or other legal entity other than the applicant or institutions in (a) or (b) above, submit the audited financial statement of the entity for its most recently completed year of operation, and interim financial statements for the period ending within six months of the filing of the application.)

3. Industry consolidation and cross-media ownership

3.1

Provide a list of all entities involved in any of the areas listed below, for which any investment (equity and/or debt securities) is held by the applicant, a corporation which directly or indirectly controls the applicant, and any shareholder holding 20% or more of the voting interest of the applicant.

1. Other CRTC licence holder and exempted undertakings

2. Daily newspaper

3. Non-daily newspaper or other media publisher

4. Production or distribution of programming material

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)

3.2

Respond to the following questions, taking into consideration the various ownership interests identified in question 3.1, the increased consolidation in the broadcasting industry, and the trend towards cross-media ownership:

1. What international activities are being pursued?

2. Provide details on the synergies expected from the applicant's multiple holdings.

3. How will the applicant's ability to fulfill the objectives of the Broadcasting Act be affected by increased consolidation and/or cross-media ownership?

4. How will the applicant's provision of local programming be affected by increased consolidation and/or cross-media ownership?

5. What steps are being taken to ensure editorial independence between the applicant's various media interests?

3.3

In Public Notice CRTC 1999-97, the Commission stated:

"Where a broadcasting licensee owns or has acquired a production company, either in whole or in part, the Commission will expect the licensee to address the issues arising from vertical integration at the time of licensing or licence renewal."

If applicable, describe the measures that have been taken to limit the potential for preferential treatment of affiliated production companies.

4. Financial operations

4.1

In accordance with Generally Accepted Accounting Principles (G.A.A.P.), complete the following summary of the estimated annual revenue and expenses for each 12-month period ending 31 August of the proposed licence term.

The first year of operation will be: ___________________________

4.2 Programming expenses

In accordance with Generally Accepted Accounting Principles (G.A.A.P.), complete the following summary of the estimated annual operating expenses for programming and production for each 12-month period ending 31 August of the proposed licence term (refer to Public Notice CRTC 1993-93). In addition, all regionally-produced priority programs (as defined in Public Notice CRTC 1999-205) should only be accounted for in line 9 below.

4.3

Provide a detailed listing of all the basic underlying assumptions upon which the financial projections in questions 4.1 and 4.2 have been prepared, including the following:

1. The differentiation between revenues listed as network payments, national time and local time sales;

2. The amount of revenues included in each of the years from non-traditional forms of advertising such as product placement, sponsorship messages and digital superimposition. Indicate where these revenues have been accounted for in the projections;

3. The methodology used to amortize program costs; and

4. Expected inflation rates and whether the projections have been prepared using current or constant dollars.

4.4

Provide a pro forma statement of changes in financial position for each year of the proposed licence term for the undertaking.

4.5

Provide a statement of pre-operating costs for the period prior to the commencement of operation.

Supplementary funding

4.6

Specify the funds available to finance the proposed transaction:

Equity:

Debt:

Total:

4.7

1. Specify the individual sources of financing for the funds identified in question 4.6 (for example, Bank loans, share capital, other loans).

   Source	$

2. Where financing is to be provided, in whole or in part, through debt securities, provide the list of proposed debt holders, including names, citizenship or jurisdiction of incorporation (or other form of constitution), designation and description of debt securities held, and the principal amount of each one.

Supporting documents to be appended:

Appendix 4A

For each source of financing identified in question 4.8, provide documentation supporting the availability of that financing. (Note:

1. Where funds are to be provided, directly or indirectly by a third party institution such as a bank, credit union, etc., submit a signed letter on the institution's stationery containing the following information:

   "We have examined the financial projections of (Name of applicant) related to the application(s) before the Commission to provide (type of service) to (location(s)) and we would be prepared to provide financing in the amount of ($) under the following terms and conditions (specify ALL the terms and conditions), subsequent to a favorable decision by the Commission, for the purpose of providing capital and operating funds related to the undertaking(s)."

2. Where funds are to be provided by an individual(s) whether for the purchase of share capital and/or the provision of debt securities, submit a signed statement of net worth from each individual, prepared and notarized within 3 months of the filing of the application.

3. Where funds are to be provided, directly or indirectly, by a corporation or other legal entity other than the applicant or institutions in (a) or (b) above, submit the audited financial statement of the entity for its most recently completed year of operation, and interim financial statements for the period ending within six months of the filing of the application.)

Appendix 4B

Where the applicant is already incorporated or otherwise constituted as a legal entity, provide the audited financial statements of the applicant for its most recently completed year of operation and interim financial statements for a period ending within six (6) months of the date of the application.

5. Marketing

5.1

Provide quantitative estimates of the population within the service contours, as well as an estimate of the population within the area to which the station's principal marketing activities will be directed:

5.2

Identify the sources from which population data has been obtained:

5.3 Provide your audience projections

5.4

Indicate to which communities the station's principal marketing activities will be directed.

5.5

Describe the target audience in terms of its size and composition.

Supporting documents to be appended:

Appendix 5A

Provide a table showing, for each of the 7 years of the prospective licence term, all of the detailed calculations used to arrive at each source of revenue projected.

Appendix 5B

For the second year of operation, provide a table showing the potential source of your projected revenues as they pertain to:

1. Existing off-air television services;

2. Existing specialty television services;

3. Existing radio services;

4. New revenues that would be brought into the broadcasting industry from advertisers which do not currently advertise on television or radio; and

5. New revenues which would result from increased spending on the proposed services by advertisers which currently advertise on existing television (including specialty) and radio services.

6. Technical information

Applicants are advised to consult with their broadcast engineering consultants when completing this section, to ensure that it is consistent with the Engineering Brief submitted to the Departement of Industry.

6.1

1. Have all required technical documents been filed with the Departement of Industry?

   Yes (  ) No (  )

2. I hereby authorize the Commission to include as part of this application any documents or correspondence filed with the Departement of Industry with respect to this application.

   Yes (  ) No (  )

   If no, explain.

6.2

Please provide the following technical information:

6.3

Describe in detail the transmission site, tower (antenna supporting structure) and other facilities (antenna, building, etc.) that you intend to use for the proposed television undertaking.

6.4

State who owns these facilities:

6.5

Is the proposed transmitter/antenna site an existing transmission site?

Yes (  ) No (  )

6.6

Does the applicant propose to share the broadcast transmission facilities (tower, antenna, building, etc.)?

Yes (  ) No (  )

If yes, indicate who are the other users of these facilities.

6.7 Establishment costs

In completing the following table, the costs to be entered are to include the total costs to put the asset(s) in place and ready for service, including all applicable taxes but excluding amounts budgeted for pre-operating expenses.

Where the facilities are to be implemented at an existing site, indicate the cost of changes to items already in place (that is, the incremental cost) and the full cost for new items. Where a new site is to be developed, indicate the full cost of each item.

Where assets are to be leased or rented, indicate both the Fair Market Value (FMV = the installed cost if the asset were to be purchased) of the asset(s) to be leased or rented and the annual lease or rental payments.  Operating lease and rental are to be accounted for annually in the applicable operating expense category(ies) in Section 4. Capital leases are to be capitalized and amortized annually in the category of "Depreciation" in Section 4.1. The cost of lease improvements should be indicated under Cost of Assets to be purchased.

(Note: Capital and/or lease costs of facilities dedicated to Administration and General operations may be included under Studio Plant).

6.8

Do the costs listed for the studio plant in Question 6.7 include provision for administrative facilities?

Yes (  ) No (  )

If yes, state percentage of the Studio Plant costs: (  %)

6.9 Description of studio and administrative facilities

Provide a brief description of the proposed studio and administrative facilities:

1. State number of studios, dimensions in square metres and functional purposes;

2. List major equipment provided for both production and post-production functions;

3. Indicate whether equipment is digital or analog; and

4. Indicate whether or not studios would be equipped for production of programming in the High Definition Television (HDTV) format.

6.10 Remote location/outside broadcast facilities

Provide a brief description of the proposed facilities that will be used for outside/remote "on-location" broadcasting events including mobile units, news gathering and associated production/editing equipment.

6.11 Description of transmitting facilities

Provide a brief description of the proposed transmitting plant:

1. Transmitter type and rated power;

2. Antenna type, number of bays and power gain; and

3. Antenna supporting structure (tower).

6.12 Re-distribution of multicast services

If proposing compulsory and/or permissive re-distribution of multicast services, list those distribution undertakings that:

1. would be required to distribute the proposed service(s); or

2. would have the option to distribute the proposed service(s).

6.13 Ancillary data services

If proposing the provision of ancillary program related and/or non-program related data services, list those distribution undertakings that would distribute the proposed services.

Supporting documents to be appended:

Appendix 6A

1. a map indicating the location of the transmitter/antenna site.  Use an original or clearly legible copy of a 1:50,000 scale Natural Resources Canada issue map; and

2. clearly legible copies of the maps which show the location of the local and regional service area contours which are defined in Section 5.1.

In addition to the original maps, the Commission encourages you to submit your proposed service contours in a geographical information system (GIS) compatible file format (for example, .mid./.mif, .tab, .dxf, .dwg, .e00, .shp, .dgn). Also provide the map datum and projection used. This file can be submitted electronically or on a diskette.

Appendix 6B

Documentation supporting the availability of the proposed transmitter site(s).

7. Programming

7.1 Language(s) of programming

1. The principal language of programming will be: ____________

2. Other languages of programming: _______________________

7.2 Network affiliation

Will the station be affiliated to a network?

Yes (  ) No (  )

If yes, indicate all network affiliations proposed.

7.3 Hours of operation

Indicate total number of hours per week (on-air) of proposed program service for Year 1 of the proposed licence term: ___________ hours ____________ minutes

7.4 Canadian content commitment

1. The "Broadcast Day", as defined in Section 2 of the Television Broadcasting Regulations, 1987, will be:

   From: To:

2. The starting time of your "log reporting day" will be:  ___________

3. The applicant undertakes to broadcast the following minimum levels of Canadian content:

   6-month Periods	Broadcast Day (%)	6:00 P.M. to Midnight (%)
   From 1 September to end of February
   From 1 March to 31 August

Canadian programming commitment

7.5 Priority Programming

Complete the table below to indicate your plans with respect to the priority program categories (refer to Public Notices CRTC 1999-97 and CRTC 1999-205).

The applicant undertakes to broadcast between 7:00 p.m. and 11:00 p.m., as a minimum, the following average number of hours per week of priority programming in each broadcast year of the proposed licence term:

Local reflection

7.6 Diversity of Programming

Provide details on how you propose to contribute to the diversity of programming and how you intend to meet the demands and reflect the particular needs and interests of your local audience, including the number of hours per week of local news and other local programming you intend to provide for your station.

7.7 Cultural Diversity

1. Describe how the proposed programming (news and non-news) will reflect the presence of cultural and racial minorities and Aboriginal people in the communities served, in a manner that is accurate, fair and non-stereotypical.

2. Describe any specific commitments to initiatives designed to ensure an accurate and fair reflection and portrayal of all minority groups.

Service to the hearing impaired

7.8

Will the applicant install a TDD (Telephone Device for the Deaf)?

Yes (  ) No (  )

If yes, where will it be located?

If no, provide reasons.

7.9 English-language Stations

1. Does the applicant commit to close-caption ALL news and at least 90% of all programming during the broadcast day, in each year of the proposed licence term?

   Yes (  ) No (  )

   If no, provide reasons and propose alternative commitment.

2. Would you accept the above commitment as a condition of licence?

   Yes (  ) No (  )

   If no, provide reasons.

3. Describe the measures, planned or in place, to ensure the quality, reliability, and accuracy of your closed-captioning.

7.10 French-language Stations

1. Paragraph 130 of Public Notice CRTC 1999-97 states: "The Commission considers that French-language broadcasters should have requirements for closed-captioning of programming similar to those applicable to English-language broadcasters.", that is, that French-language broadcasters should work towards close-captioning 90% of all programming during the broadcast day, including 100% of all news programming.

   Provide a plan of the measures you intend to implement for the advancement of French-language closed-captioning to meet the above policy statement. Describe distinct measures for real-time captioning and for other kinds of closed-captioning (for example, offline).

2. For each year of the proposed licence term, set out the minimum percentage of programming during the broadcast day that will be close-captioned as follows:

   	Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7
   % of ALL closed- captioned programs in a broadcast day
   % of closed-captioned NEWS programs in a broadcast day

3. Would you accept the above commitment as a condition of licence?

   Yes (  ) No (  )

   If no, provide reasons.

7.11 Ethnic Stations

1. English-language programming

   Does the applicant commit to close-caption ALL news and at least 90% of all English-language programming during the broadcast day, in each year of the proposed licence term?

   Yes (  ) No (  )

   If no, provide reasons and propose alternative commitment.

2. French-language programming

   For each year of the proposed licence term, set out the minimum percentage of French-language programming during the broadcast day that will be close-captioned as follows:

   	Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7
   % of ALL closed-captioned programming in a broadcast day
   % of closed-captioned NEWS programming in a broadcast day

3. Third-language programming

   For each year of the proposed licence term, set out the minimum percentage of third-language programming during the broadcast day that will be close-captioned as follows:

   	Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7
   % of ALL closed-captioned programming in a broadcast day
   % of closed-captioned NEWS programming in a broadcast day

4. Would you accept the above commitments as a condition of licence?

   Yes (  ) No (  )

   If no, provide reasons.

Service to the visually impaired

7.12

1. Describe your activities and plans to provide audio descriptions of your programming (that is, the voice-over of textual, graphic design and still image elements, such as phone numbers, stock information, or weather maps that are posted on the screen).

2. Will the applicant be technically capable of providing descriptive video service (for example, via the Secondary Audio Programming (SAP) channel)?

   Yes (  ) No (  )

   If no, explain any relevant implications of becoming technically capable.

3. For each year of the proposed licence term, set out the minimum number of hours of Canadian programming you are prepared to describe in each broadcast week:

   	Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7
   Hours of described Canadian programming per week

4. Would you accept the above commitment as a condition of licence?

   Yes (  ) No (  )

   If no, provide reasons.

Industry codes

7.13

The applicant accepts as conditions of licence to adhere to the following codes during all hours of the broadcast day:

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

   Yes (  ) No (  )

   If no, provide reasons.

2. The CAB Violence Code (Public Notice CRTC 1993-149, Voluntary Code Regarding Violence in Television Programming, dated 28 October 1993 and Letter - Re: CAB Violence Code - revised title, dated 8 September 2008), as amended from time to time and approved by the Commission (to be suspended as long as the licensee is a member in good standing of the Canadian Broadcast Standards Council).

   Yes (  ) No (  )

   If no, provide reasons.

3. The Canadian Association of Broadcasters' Equitable Portrayal Code (Broadcasting Public Notice CRTC 2008-23, Equitable Portrayal Code, dated 17 March 2008), as amended from time to time and approved by the Commission (to be suspended as long as the licensee is a member in good standing of the Canadian Broadcast Standards Council).

   Yes (  ) No (  )

   If no, provide reasons.

Programming strategies and policies

7.14

Provide descriptions of the following:

1. Your approach to the presentation of Canadian programs including the priority program categories (Public Notices CRTC 1999-97 (Paragraph 29) and CRTC 1999-205, as amended from time to time).

2. Your strategies to develop new Canadian programming and new Canadian talent.

3. Your programming policies with respect to explicit violence, adult scenes and coarse language.

4. Your preparation for the introduction of digital transmission of conventional television and any digital technical and/or digital programming initiatives being undertaken.

Independent production

7.15

Provide information on the extent of contributions to the station's programming from the independent production sector, the extent to which such programming is drawn from the various regions of Canada, and the existence and nature of any local and/or regional development offices.

Ethnic Programming

• Applicants are reminded to refer to the Ethnic Broadcasting Policy in Public Notice CRTC 1999-117, and consequent amendments to the Television Broadcasting Regulations, 1987, set out in Public Notice CRTC 2000-92.

• Applicants proposing to operate an ethnic station must answer questions 7.16, 7.17, and 7.18.

• Applicants proposing to operate a non-ethnic station should proceed to question 7.19.

7.16

In Public Notice CRTC 1999-117, the Commission stated that the primary responsibility of over-the-air ethnic radio and television stations should be to serve and reflect their local community and stated that "ethnic broadcasters would be expected, at the time of licensing and renewal, to provide plans on how they will reflect local issues and concerns during the terms of their licences."

Provide your plans relating to the above and indicate how you will subsequently evaluate your progress.

7.17

As set out in Public Notice CRTC 1999-117, the Commission will set, by condition of licence, the minimum number of ethnic groups that each ethnic radio and television station must serve and the minimum number of languages in which it must provide programming. The minimum number of distinct groups that a station must serve is established on the basis of the demographics of the community, the services already available and the degree of support shown by local community organizations. In addition, the Commission stated that it will also weigh the ability of ethnic stations to provide appropriate amounts of quality programming to these groups and that it will evaluate how this broad service requirement is met in light of the ethnic programming available from all stations in the market.

Provide your commitments in this area, keeping in mind that they may be imposed as conditions of licence.

7.18

Complete the following table relating to the broadcasting of ethnic and third-language programming during the aggregate of the broadcast days in each of the four- or five-week periods in the calendars to be approved by the Commission pursuant to section 9(1) of the Television Broadcasting Regulations, 1987.

In determining the languages of ethnic programming, DO NOT consider music, advertising and promotional content during a particular ethnic program. However, in calculating the actual duration of each program, count these elements.

Applicants must provide the following information with respect to all ethnic programming, including third-language programming.

Applicants proposing to operate a non-ethnic station with ethnic or third-language programming must answer question 7.19.

7.19

Complete the following table relating to the broadcasting of ethnic and third-language programming during the broadcast month.

Note that a "broadcast month" refers to the total number of hours devoted by the applicant to broadcasting during the aggregate of the broadcast days in a month. Percentages should be based on the total number of hours of programming broadcast by the station in a broadcast month.

In determining the languages of ethnic programming, DO NOT consider music, advertising and promotional content during a particular ethnic program. However, in calculating the actual duration of each program, count these elements.

Applicants must provide the following information with respect to all ethnic programming, including third-language programming.

7.20 Program description

Provide a description of each Canadian production identified in the Block Program Schedule provided as Appendix 7A. The table should be arranged by program category as per Schedule 1 of the Television Broadcasting Regulations, 1987 under the following headings: A: Local production, B: Co-production with independent producer(s), C: Canadian acquired, and D: Network programs, and should include the following information:

1. Program title (or working title);

2. CRTC 8-digit key figure(s) as per Schedule 1 of the Television Broadcasting Regulations, 1987;

3. Number of original and repeat episodes in the broadcast year;

4. Duration and schedule information;

5. Brief description, including language if other than English or French; and

6. Production organization that produced the program:

   1. Station Production

   2. Co-Production with independent producer(s)

   3. Acquisition from independent producers

   4. Network/Group Production (Note: such programs do not qualify as programs produced specifically for local audiences).

7.21 Program Formats

1. All of the programming on the DTV undertaking that was produced in the wide screen 16:9 aspect ratio will be broadcast in that aspect ratio.

   Yes (  ) No (  )

2. Would you accept the above commitment as a condition of licence?

   Yes (  ) No (  )

   If no, provide reasons.

3. All of the Canadian programming on the DTV undertaking aired during the evening broadcast period that was produced in a high definition format will be broadcast in a high definition format.

   Yes (  ) No (  )

4. Would you accept the above commitment as a condition of licence?

   Yes (  ) No (  )

   If no, provide reasons.

5. The transmission of data will not affect the quality or quantity of high definition programming.

   Yes (  ) No (  )

6. Would you accept the above commitment as a condition of licence?

   Yes (  ) No (  )

   If no, provide reasons.

Supporting Document to be Appended:

Appendix 7A

Program Schedule

A copy of the station's proposed Block Program Schedule, including the country of origin of all programs. In the Program Schedule, mark programs on the following basis (refer to Public Notices 1999-97 and 1999-205 for information regarding priority programs):

1. Priority programs with a "P";

2. Programs produced specifically for local audiences with an "L"; and,

3. Network or group productions with an "N" or "G" as appropriate.

8. Employment Equity

Information relating to employment equity is available in Public Notices CRTC 1992-59 and 1997-34.

8.1

If the proposed undertaking is approved, would the applicant be subject to the 1996 Employment Equity Act (applicable to federally-regulated employers with 100 or more employees)?

Yes (  ) No (  )

If yes, proceed to section 9, "On-air Presence".
If no, proceed to question 8.2.

8.2

If the undertaking is approved, would the licence be held by a licensee that already holds one or more broadcasting licence(s)?

Yes (  ) No (  )

If yes, proceed to question 8.3.
If no, proceed to question 8.7.

8.3

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 8.4 to 8.6 -- applicable if between 25 and 99 employees:

8.4

How do you or will you communicate details of your employment equity policies to managers and staff?

8.5

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?

8.6

What financial resources have you or will you put in place to promote employment equity in the workplace (for example, funds for daycare, access for persons with disabilities, etc.)?

Questions 8.7 and 8.8 -- applicable if response to question 8.2 is "no"

8.7

To what extent will the proposed undertaking address the equitable representation of the four designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities)?

8.8

Does the proposed undertaking have an employment equity (EE) plan?

Yes (  )

If yes, please describe the principal measures proposed to recruit and assist members of the four designated groups (for example, work arrangements, apprenticeship or training programs, career counselling, etc.).

No (  )

If no, please provide a statement indicative of your commitment to develop and implement an effective EE plan.

9. On-air presence

Information relating to on-air presence and voice-overs is available in Public Notices CRTC 1994-69 and 1995-98.

25 or More Employees:

9.1

If the undertaking is approved, would the licence be held by a licensee that already holds one or more broadcasting licence(s)?

Yes (  ) No (  )

9.2

Outline policies and procedures in place, or plans in this regard, to ensure the representation of members of the four designated groups in on-air positions, including voice-overs, where applicable. These policies, procedures and plans should include references to programs produced by the applicant, as well as to acquired programming and advertising.

10. Request for documents to be designated as confidential

Sections 30 to 34 of the Rules of 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 Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, 23 December 2010, for the complete process for filing confidential information.

10.1 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

Documents should be submitted in an accessible format (Broadcasting and Telecom Information Bulletin CRTC 2015-242)

CRTC 130 (2015-06-11) - New - Digital Television (DTV)

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Date modified:

2015-06-11