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 Specialty Audio Programming Undertaking  - Form 142
General instructions
1. Filing

File electronically via Access Key by attaching the application to the Cover page. Access Key allows secure transmissions to the Commission and also authenticates your identity. Therefore, a signature is not required when using Access Key. Applicants who file their application in this manner are not required to submit a hard copy of the application and its related documents.

Applicants who cannot send their application electronically with the Access Key service can contact the Commission at 1-877-249-CRTC (2782).

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

The following questionnaire is in HTML format and may be downloaded to the word processing software of your choice. This enables you to complete the downloaded questionnaire by inserting your response in bold letters immediately following the question. You may add lines to the tables if necessary but do not alter or delete any text from the questionnaire.

The application must be divided into sections as set out in the questionnaire, and include the numbered questions followed by the corresponding response. Responses must be provided, at a minimum, in a size 10 font.

Naming conventions for the electronic documents

The following documents should be submitted as separate electronic documents using the naming convention specified below. The document number (Doc#) indicates the ascending order in which the documents should appear on the public file.
  • The Covering Letter (if any) - APP - Doc1 - Cover Letter dated ____
  • The Application Form - APP - Doc2 - Form 142 "Application to Renew a Broadcasting Licence for a Specialty Audio Programming Undertaking"
  • Appendix 1 - APP - Doc3 - Appendix 1 - Supplementary brief (optional)
  • Appendix 2A - APP - Doc4 - Appendix 2A - Ownership Information
  • Appendix 2B - APP - Doc5 - Appendix 2B - Corporate Documents
  • Each confidential document - NOT WEB - APP - Doc - CONFIDENTIAL - "brief description of the document"
  • Each abridged version of each confidential document - APP - Doc - ABRIDGED VERSION - "same description of document for which confidentiality is requested"
The Commission may return the application if it has not been duly completed or if the required technical documentation has not been filed with Industry Canada. The onus will be on the applicant to submit a clear application that provides all of the relevant information, identifies all regulatory issues raised in the application and provides supporting documentation.
Canadian Radio-television and Telecommunications Commission
Application to Renew a Broadcasting Licence for a Specialty Audio Programming Undertaking
1. General information
Name of specialty audio service:

Areas where the service is distributed:
National ( )
Regional ( ) Specify: _____________________
Local ( ) Specify: _____________________
1.1 Identification of licensee

Individual ( )
Company ( )
Other ( ) Specify: _____________________

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

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

Name:
Title:
Telephone:

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

E-Mail:
Fax:
1.2 Appointment of agent

I, _________________________, the licensee, hereby appoint _____________________ as my agent for and on my behalf and in my name to sign, file and complete (if necessary) an application with the Canadian Radio-television and Telecommunications Commission and to sign and file a reply with respect there to and I do hereby ratify, confirm, and adopt as my own act, such application and all replies made thereto.

Date:
At:
Signature (not required if submitting electronically):
Address of agent:
Title:
Telephone:
Fax:
E-Mail:
1.3 Declaration of the licensee or its appointed agent

I, ___________________________________ SOLEMNLY DECLARE THAT:
  1. I am the ___________________________ (representative/appointed agent) of the licensee named in this application 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 Compliance

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

YES ( )

NO ( )

If NO, provide the full details of any non-compliance during the licence term, including the reasons, any remedial action and, where applicable, the period of time expected before the undertaking is operating in compliance.
1.6 Same terms and conditions
  1. The licensee proposes to operate this undertaking under the same terms, conditions and definitions, as specified in the current licence.

YES ( )

NO ( )

If NO, please indicate any proposed amendments, along with the reasons why they are being sought.
  1. The licensee will adhere to the conditions of licence and the licensing framework defined in Broadcasting Public Notice CRTC 2002-53, New licensing framework for specialty audio programming services, dated 12 September 2002.

YES ( )

NO ( )

If NO, please indicate any proposed amendments, along with the reasons why they are being sought.
1.7
 

Procedural request

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure allow an interested person to request that the Commission exercise a power under the Rules of Procedure or change the Rules of Procedure for a specific proceeding (sections 5 and 7). This is generally called a procedural request. You may consult the Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and the Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, for more information.

Is the applicant requesting that the Commission make an exception to its Rules of Procedure in the treatment of this application?

Yes ( ) No ( )

If yes, please indicate which section of the Rules of Procedure you wish to vary, and provide a detailed rationale as to why this request should be granted :


 
2. Ownership
2.1 If the licensee is an individual, provide complete home address and citizenship and go to Section 3.

Home address:
Citizenship:
2.2
Ownership information
To complete Appendix 2A, click on any of the Blue link of Section 2. 		Appendix 2A: All applicants must complete section a) of the appendix but may be exempt from completing section b).
 
  1. The applicant
    Complete section a) for the licensee applying to renew a Broadcasting Licence for a Specialty Audio Programming Undertaking.
     
  2. The Shareholder Corporations
    Complete section b) for the parent corporation, the corporations which form part of the control chain, and all corporations or legal entities listed in a table 2.2 of section a) and b), 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 section b) 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:
  • 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;
  • no amalgamation has occurred; and
  • the exemption statement in section a) of Appendix 2A has been completed.
Corporate documents Append as Appendix 2B, a copy of the corporate documents amending the incorporation articles (for example, Certificate and articles of amendment or of amalgamation, By-Laws, etc.), that are not already on file with the Commission.
3. Technical information
3.1 If applicable, provide a list of transmitters with their corresponding location.
 

Call sign

Location
   
   
4. Programming
4.1 Industry Codes
 
  1. Is the licensee a member in good standing of the Canadian Broadcast Standards Council?

YES ( )

NO ( )

 
  1. The licensee accepts to adhere to the following codes, as condition of licence, during all hours of broadcast:
 
  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 why the licensee would not be able to meet this obligation.

 
  1. The Canadian Association of Broadcasters' Equitable Portrayal Code (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 why the licensee would not be able to meet this obligation.
5. Inclusion of designated group
5.1 Employment equity

Information relating to employment equity is available in Public Notice CRTC 1992-59, Implementation of an employment equity policy, dated 1 September 1992, and Public Notice CRTC 1997-34, Amendments to the Commission's Employment Equity Policy, dated 2 April 1997.

The Commission requires that the licensee responds 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.
 
  1. Is the licensee subject to the Employment Equity Act (applicable to federally-regulated employers with 100 or more employees)?

YES ( )

NO ( )

 
If YES, proceed to question 5.2, "On-air Presence".
If NO, proceed to question 5.1b.
 
  1. Outline examples of any measures (including hiring, 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 c to e are only applicable to licensees that have between 25 and 99 employees
 
  1. How do you or will you communicate details of your employment equity policies to managers and staff?
     
  2. 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?
 
  1. 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.)?
5.2 On-air presence

Information relating to on-air presence and voice-overs is available in Public Notice CRTC 1994-69,  Consultations Regarding On-air Job Categories to be Included in the Employment Equity Plans of Broadcasters, dated 10 June 1994, and Public Notice CRTC 1995-98,  Amendment to Reporting Requirements for Employment Equity in On-air Positions, dated 19 June 1995.

Question a is applicable only to licensees that have 25 or more employees
 
  1. 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 licensee, as well as to acquired programming and advertising.
  Question b is applicable only to licensees that have 100 or more employees
 
  1. Provide the total number and percentage of on-air employees (full-time, part-time and temporary), including voice-overs, from each designated group, as well as the total number of all on-air employees who were employed in the last year, in which reports were submitted to Human Resources and Skills Development Canada.

    Licensees are not required to provide data for each of the four job categories identified individually in the above-mentioned public notices, but rather for the four categories identified in aggregate.
 

On-air employees

Number

%
Women    
Aboriginal Peoples    
Persons with Disabilities    
Visible Minorities    
Total number of on-air employees    
5.3 Cultural diversity

When the Commission refers to cultural diversity, it is referring to the inclusion of groups that have been traditionally under-represented in broadcasting: ethnocultural minorities, Aboriginal peoples, as well as persons with disabilities. Such under-representation includes these groups' presence and portrayal on the air and their participation in the industry.

As set out in Broadcasting Public Notice CRTC 2007-122, Canadian Association of Broadcasters' Best Practices for Diversity in Private Radio; Reporting requirements on cultural diversity for commercial radio operators, dated 2 November 2007 (Broadcasting Public Notice 2007-122),  the Commission expects all radio broadcasters to follow the Canadian Association of Broadcasters' best practices for diversity in radio in order to incorporate and reflect the reality of Canada's ethnocultural minorities, Aboriginal peoples, and persons with disabilities in their programming.

 
  1. Describe the steps you've taken to implement these best practices, as well as those initiatives you are planning to implement in the next licence term.
     
  2. For the purpose of meeting the reporting requirements established in Broadcasting Public Notice 2007-122, please confirm whether you are a large, medium or small radio operator, in accordance with the definitions as set out in paragraph 22 of the same notice, and that you will comply with the corresponding reporting requirement.
 

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
1 Supplementary Brief (optional)

Section 2: Ownership
2A Ownership Information
2B Corporate Documents

This document is available in alternative format upon request.
CRTC 142 (2011-04-01) - Renewal - Specialty Audio Programming Undertaking
Version française disponible

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