ARCHIVED - Broadcasting Notice of Consultation CRTC 2010-715

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Additional reference: 2010-715-1

Ottawa, 27 September 2010

Notice of hearing

26 November 2010
Gatineau, Quebec
Deadline for submission of interventions/comments: 27 October 2010

The Commission will hold a hearing commencing on 26 November 2010 at 2:00 p.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider, subject to interventions, the following applications, without the appearance of the parties:

[Broadcasting interventions/comments form]

Applicant and Locality

1.      FreeHD Canada Inc.
Across Canada
Application No. 2010-0954-8

2.      Bell ExpressVu Inc. (the general partner), and Bell Canada and Bell ExpressVu Inc., partners in BCE Holdings G.P. (the limited partner), carrying on business as Bell ExpressVu Limited Partnership
Across Canada
Application No. 2010-0956-4

3.      George Burger, on behalf of a corporation to be incorporated
Across Canada
Application No. 2010-0961-3

4.      7340362 Canada Inc. (a Remstar subsidiary)
Across Canada
Application No. 2010-1017-3

5.      Canadian Broadcasting Corporation
Across Canada
Application No. 2010-1023-0

6.      Rogers Broadcasting Limited
Across Canada
Application No. 2010-1121-2

7.      Asian Television Network International Limited
Across Canada
Application No. 2010-1123-8

8.      Rogers Broadcasting Limited
Across Canada
Application No. 2010-1124-6

9.      David Johnston, on behalf of a corporation to be incorporated
Across Canada
Application No. 2010-1024-8

10.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1125-4

11.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1126-2

12.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1127-0

13.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1128-8

14.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1130-4

15.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1131-1

16.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1134-5

17.  Rogers Broadcasting Limited
Across Canada
Application No. 2010-1135-3

18.  Airborne Mobile Inc.
Across Canada
Application No. 2010-1392-9

19.  Mario Lacombe, on behalf of a not-for-profit corporation to be incorporated
Donnacona, Quebec
Application No. 2010-0584-3

20.  Claude Turcotte, on behalf of a corporation to be incorporated
Vaudreuil-Soulanges, Quebec
Application No. 2010-1185-8

21.  United Christian Broadcasters Canada
Cobourg, Ontario
Application No. 2010-1093-3

22.  MediaTube Corp.
Greater Toronto Area (including Ajax, Aurora, Brampton, Castlemore, Erin Mills, Gormley, Kleinberg, Maple, Markham, King City, Mississauga, Oak Ridges, Oshawa, Pickering, Port Credit, Richmond Hill, Scarborough, Thornhill, Toronto, Unionville, and Whitby) and Greater London Area (including Belmont, Dorchester, Ilderton, Lambeth, London, Mount Brydges, St. Thomas and Thorndale), Ontario
Application No. 2010-1105-6

23.  CTV Limited
Toronto, Ontario
Application No. 2010-1191-5

24.  Rogers Broadcasting Limited
London, Ontario
Application No. 2010-1193-1

25.  Louis Ledoux, in his capacity as director of operations of Mistawasis First Nations Radio
Leask, Saskatchewan
Application No. 2010-0675-0

26.  Bluepoint Investments Inc.
Province of Saskatchewan
Application No. 2010-1379-7

27.  Rogers Broadcasting Limited
Edmonton, Alberta
Application No. 2010-1192-3

28.  Gerhard Loeffeler, on behalf of a corporation to be incorporated
100 Mile House, British Columbia
Application No. 2010-1006-6

1.             Across Canada
Application No. 2010-0954-8

Application by FreeHD Canada Inc. for a broadcasting licence to operate a national direct-to-home pay-per-view programming undertaking to be known as Blusky PPV.

The applicant proposes to deliver live programming such as sports and concerts, feature films, general interest programming and some programs in 3D. The applicant proposes to draw programming exclusively from the following categories set out in Item 6 of Schedule 1 to the Pay Television Regulations, 1990, as amended from time to time: 2(b), 3, 6(a), 6(b), 7(c), 7(d), 7(e) and 8(a).

The applicant also indicates that the programming would be predominantly in the English language but that the service would also provide some content in the French-language.

Applicant’s address:

8000 Bathurst Street, Unit 1
P.O. Box 30075
Thornhill, Ontario
L4J 0B8
Fax: 613-747-8709
E-mail: lrankin@freehdcanada.ca

Examination of application:

1700 Langstaff Road, Suite 2002
Vaughan, Ontario

2.             Across Canada
Application No. 2010-0956-4

Application by Bell ExpressVu Inc. (the general partner), and Bell Canada and Bell ExpressVu Inc., partners in BCE Holdings G.P. (the limited partner), carrying on business as Bell ExpressVu Limited Partnership, for a broadcasting licence to operate a national terrestrial pay-per-view (PPV) programming undertaking to be known as Bell Sports-Specials PPV.

The applicant proposes to offer live and tape-delayed live sports and special events. The applicant proposes to draw programming exclusively from the following categories set out in Item 6 of Schedule 1 to the Pay Television Regulations, 1990, as amended from time to time: 6(a), 6(b), 7(c), 12, 13 and 15.

The applicant indicates that the programming would be predominantly in the English‑language but that the service would also provide some content in the French language and in a third language.

The applicant proposes to abide by the following condition of licence in lieu of the standard conditions of licence that are imposed for PPV undertakings with respect to the provision of Canadian programming:

• The licensee shall, through its agreements with the licensees of terrestrial distribution undertakings, ensure that a minimum of 20% of the total number of hours of live sports events and special events that is made available in each broadcast year by the licensees of terrestrial distribution undertakings to their pay‑per-view subscribers is Canadian.

Applicant’s address:

100 Wynford Drive, Suite 300
Toronto, Ontario
M3C 4B4
Fax: 613-560-0472
E-mail: Bell.Regulatory@bell.ca

Examination of application:

160 Elgin Street, 19^th Floor
Ottawa, Ontario

3.             Across Canada
Application No. 2010-0961-3

Application by George Burger, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national English-language Category 2 specialty television programming undertaking to be known as CRUSH!

The proposed service would primarily consist of theatrical feature films aired on television, comedy series and dramatic series, mini-series, movies-for-television, animation, sports and music videos, and shows dedicated to a male audience of 18 to 34 years of age.

The applicant proposes the following conditions of licence:

• No more than 60% of all programming broadcast during the broadcast week shall be comprised of theatrical feature films aired on television.

• No more than 10% of all programming broadcast during the broadcast week shall be comprised of independent films. The applicant cites the Independent Film Channel as its source for how it defines independent films.

• No more than 25% of all programming broadcast during the broadcast week shall be comprised of programs based on science fiction or fantasy themes.

• No more than 25% of all programming broadcast during the broadcast week shall be comprised of programs based on mystery themes.

• No more than 10% of all programming broadcast during the broadcast week shall be comprised of music video clips or music video programs.

• No more than 10% of all programming broadcast during the broadcast week shall be comprised of animated programs.

The applicant also proposes to offer not less than 75% of its programming in high definition format.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I to the Specialty Services Regulations, 1990: 2(a), 2(b), 3, 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(b), 8(c), 11, 12, 13 and 14.

Applicant’s address:

85 Hillside Avenue West
Toronto, Ontario
M5P 1G2
Fax: 416-485-4369
E-mail: burgerg1@gmail.com

Examination of application:

1200 Bay Street, Suite 400
Toronto, Ontario

4.             Across Canada
Application No. 2010-1017-3

Application by 7340362 Canada Inc. (a Remstar subsidiary) for a broadcasting licence to operate a national, French-language Category 2 specialty programming undertaking to be known as Pure TV.

The proposed service would primarily consist of health related programming including programs about hospital life, various recent developments with regard to medical science, pharmaceutical products and alternative health care, as well as general information relating to healthy nutrition, physical exercise and well-being. The programming of the proposed service would be diverse. Some programs would be of a scientific and educational nature, others would focus on political issues and debates on current events relating to the issue of health. There would also be programming on the health of the Canadian population. Pure TV aims to entertain and inform its audience through the exploration of health related issues as well as create awareness of the importance of healthy living and creating a passion for this issue within the Canadian population.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 2(b), 3, 5(a), 5(b), 7(a), 7(b), 7(c), 7(d), 7(g), 11, 12, 13 and 14,.

The applicant proposes that no more than 15% of the programming broadcast each month would be devoted to categories 7(a), 7(b), 7(c), 7(d) and 7(g) combined.

The applicant indicated that 100% of its programming would also be offered in high definition format.

The applicant proposes the following condition of licence:

• The licensee is authorized to offer, for distribution, a version of its service in high definition, providing that at least 95% of visual and audio components of the improved version and the standard definition of the service would remain the same except for advertising and any other part of the service distributed through a secondary signal. The difference of 5% should be entirely constituted of programming in high definition.

Applicant’s address:

85 St-Paul Street West
3^rd Floor
Montréal, Quebec
H2Y 3V4
Fax: 514-390-6071
E-mail: mgsorella@vtele.ca

Examination of application:

At the applicant’s address

5.             Across Canada
Application No. 2010-1023-0

Application by the Canadian Broadcasting Corporation for a broadcasting licence to operate a national, French-language Category 2 specialty television programming undertaking to be known as Sens.

The applicant states that the programming would be devoted to scientific discoveries, environment, nature and human health.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 1, 2(a), 2(b), 3, 4, 5(a), 5(b), 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13, 14 and 15,.

The applicant states that it would accept a condition of licence under which it must limit to 10% of the broadcast month the programming drawn from each of categories 6(a), 7(d) and 7(e), as well as categories 8(b) and 8(c) combined.

The applicant is considering airing air long-form documentaries. For this reason and in regards to the proposed nature of service, the applicant requests the authorization to be exempted from the standard limit under which it must restrict to 10% of the broadcast month the amount of programming drawn from category 2(b).

The applicant is prepared to accept and fulfill the standard conditions of licence set out in the Broadcasting Regulatory Policy 2010-355.

Applicant’s address:

181 Queen Street
Ottawa, Ontario
K1P 1K9
Fax: 613-288-6257
E-mail: regulatoryaffairs@cbc.ca

Examination of application:

At the applicant’s address

and

1400 René-Lévesque Boulevard East
Montréal, Quebec

6.             Across Canada
Application No. 2010-1121-2

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Ampersand.

The applicant states that the specialty service would be devoted to romance, love and relationships and would include series based on relationships, feature films, mini-series, made-for-television movies and occasional magazine-style shows focusing on this genre and its stars.

The applicant proposes that 25% of its programming would be offered in high definition format, and is also seeking authority to offer both a standard definition and a high definition version of its proposed service.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 2(b), 3, 7(a), 7(b), 7(c), 7(d), 7(g), 11 and 12

Applicant’s address:

333 Bloor Street East
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

7.             Across Canada
Application No. 2010-1123-8

Application by Asian Television Network International Limited for a broadcasting licence to operate a national niche third-language ethnic Category 2 specialty programming undertaking to be known as ATN Comedy Channel One.

The applicant states that the programming would provide comedy in the Hindi language. In addition to Hindi comedy, it would also provide interviews with the comedians and scenes from their skits and shows, as well as movies.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 7(b), 7(c), 7(d), 7(f), 9 and 13.

The applicant proposes to broadcast not less than 100% of its programming in the Hindi language during the broadcast week.

The applicant requests that, of the 12 minutes of advertising material permitted during each clock hour, it be authorized to broadcast up to 6 minutes of local and regional advertising.

Applicant’s address:

130 Pony Drive
Newmarket, Ontario
L3Y 7B6
Fax: 905-853-5212
E-mail: prakash@asiantelevision.com

Examination of application:

At the applicant’s address

8.             Across Canada
Application No. 2010-1124-6

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Contessa.

The applicant states that the specialty service would be devoted to programming related to relationships, lifestyle, beauty, trends and style, and would focus on the interests and needs of working women aged between 25 and 54 years.

The applicant proposes that 25% of its programming would be offered in high definition format, and is also seeking authority to offer both a standard definition and a high definition version of its proposed service.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(b), 5(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 10, 11 and 12.

The applicant also proposes the following conditions of licence:

• No more than 15% of the programming broadcast in each broadcast year shall be drawn from any one of the following program categories: 2(b), 7(e), 8(a), 8(b) and 10.

• No more than 25% of the programming broadcast in each broadcast year shall be drawn from category 7(d).

• No more than 15% of the programming drawn from category 11 during each broadcast year shall be devoted to programs that are primarily about the world of entertainment and its people, including celebrity profiles.

• No more than 15% of the programming broadcast during the broadcast year shall be drawn from any one of the following programming genres: fashion, health and wellness, travel, food, or home and garden.

• All programming shall be directed to women aged between 25 and 54 years.

Applicant’s address:

333 Bloor Street East
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

9.             Across Canada
Application No. 2010-1024-8

Application by David Johnston, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Canadian Small Business Television (CSBTV).

The applicant states that the programming would provide viewers with information regarding government programs that foster business development, as well as informal and continuing education programs for business owners, members of professional associations and their staff. The programming would also inform potential entrepreneurs on how to start, develop and grow their business.

The applicant states that no more than 15% of programs broadcast during the broadcast week on CSBTV would originate from subcategories 7(a) through 7(g).

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 2(b), 3, 5(a), 5(b), 7(a), 7(b), 7(c), 7(d), 7(g), 10, 11, 12, 13 and 14.

Applicant’s address:

603 Argus Road
Suite 209
Oakville, Ontario
L6J 6J6
Fax: 905-845-6377
E-mail: djohnston@salesresourcegroup.ca

Examination of application:

693 Queen Street East
Toronto, Ontario

10.         Across Canada
Application No. 2010-1125-4

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English‑language Category 2 specialty television programming undertaking to be known as GGBG.

The applicant states that the service would feature entertainment programming about police, law, the courts, emergency and medical response teams, disaster and relief operations featuring people and organizations that uphold law and order in our society.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 1, 2(a), 2(b), 3, 5(a), 5(b), 7(a), 7(c), 7(d), 7(g), 12, 13, and 14.

The applicant proposes by the following condition of licence with respect to the broadcast of programming from category 7:

No more than 15% of all programming broadcast during the broadcast week shall be drawn from category 7.

The licensee also proposes to make its service available for distribution in high definition format.

Applicant’s address:

333 Bloor Street East
6^th floor
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

11.         Across Canada
Application No. 2010-1126-2

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Highwire.

The applicant states that the programming would be devoted to the entire genre of action and adventure, including selections from crime fiction, epic and heroic drama. The service would consist of contemporary action and adventure films and series, mini-series, made-for-television movies, classic films and occasional magazine-style shows focusing on this genre and its stars.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 2(b), 3, 7(a), 7(b), 7(c), 7(d), 7(g), 11, 12, 13 and 14.

The applicant proposes to accept a condition of licence requiring that no more than 25% of all programming broadcast during the broadcast week be devoted to programs based on science fiction or fantasy themes.

Applicant’s address:

333 Bloor Street East
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

12.         Across Canada
Application No. 2010-1127-0

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Home Made.

The applicant states that the programming would consist of programs that offer Canadians an interactive television experience and which provide immediate access to detailed step-by-step instructions, in-depth demonstrations and tips for do-it-yourself projects.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 2(b), 5(a), 5(b), 10, 11, 12, 13, and 14.

Applicant’s address:

333 Bloor Street East
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

13.         Across Canada
Application No. 2010-1128-8

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Luxury Living.

The applicant states that the programming would be dedicated to the finer things in life. This service would feature all things that can bring a taste of the luxurious into our lives, from vacations and leisure activities to home furnishings, food and fashion.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 2(b), 5(a), 5(b), 7(a), 7(b), 7(c), 7(d), 10, 11, 12, 13 and 14.

The applicant proposes the following conditions of licence:

• No more than 10% of all programming broadcast during the broadcast week shall be drawn from category 7.

• No more than 25% of all programming broadcast during the broadcast week shall be from any one programming genre (i.e., health, fashion, travel, food).

Applicant’s address:

333 Bloor Street East
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

14.         Across Canada
Application No. 2010-1130-4

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Puzzle.

The applicant states that the programming would be designed for Canadian adults 18-49. Programming would consist of horror, thriller, suspense and science fiction films as well as occasional game and magazine style shows focusing on these genres.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 2(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 11, 12, 13 and 14.

The applicant proposes the following condition of licence:

• No more than 25% of all programming broadcast during the broadcast week shall be devoted to programming from the thriller genre.

Applicant’s address:

333 Bloor Street East
6^th floor
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

15.         Across Canada
Application No. 2010-1131-1

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as The Competition Channel.

The applicant states that the programming would be devoted exclusively to reality-based programming, including competition-based reality and do-it-yourself makeover programs.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 1, 2(a), 2(b), 3, 4, 5(a), 5(b), 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13 and 14.

The applicant proposes the following conditions of licence:

• The licensee shall devote not more than 10% of the programming broadcast during the broadcast month to programs drawn from each of categories 2(a) and 6(a).

• The licensee shall devote not more than 10% of the programming broadcast during the broadcast year to programs drawn from category 6(b).

• The licensee shall devote not more than 10% of the programming broadcast during the broadcast month to programs drawn from category 7 as a whole.

• The licensee shall devote not more than 10% of the programming broadcast during the broadcast month to programs drawn from categories 8(b) and 8(c) combined.

• No more than 10% of all programming broadcast during the broadcast week shall be devoted to reality renovation shows. Reality renovation shows deal primarily with home improvements and modifications to homes and/or gardens.

• The licensee shall not broadcast any live sporting events, professional or amateur.

Applicant’s address:

333 Bloor Street East
6^th floor
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

16.         Across Canada
Application No. 2010-1134-5

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Gold.

The applicant states that the programming would feature classic programs from the beginnings of television. Programming would explore vintage television and the cultural impact of television on our society by providing a window on television history.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(b), 5(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 11, 12, 13 and 14.

The applicant proposes the following conditions of licence:

• Except as provided below, all programming from categories 7 or 8 shall have been copyrighted at least 15 years prior to the broadcast year in which it is aired by the service.

• All programming from category 7(d) shall have been copyrighted at least 25 years prior to the broadcast year in which it is aired by the service.

Applicant’s address:

333 Bloor Street East
6^th floor
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

17.         Across Canada
Application No. 2010-1135-3

Application by Rogers Broadcasting Limited for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Epic TV.

The applicant states that the programming would be devoted to classic television programming.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 7(a), 7(b), 7(c), 7(d), 7(g), 9, 10, 11, 13 and 14.

The applicant proposes the following conditions of licence:

• Except as provided below, all programming from categories 7, 8 or 9 shall have been copyrighted at least 15 years prior to the broadcast year in which it is aired by the service.

• All programming from category 7(d) shall have been copyrighted at least 25 years prior to the broadcast year in which it is aired by the service.

• No more than 20% of all programming broadcast during the evening broadcast period and no more than 20% of all programming broadcast during the broadcast day shall be drawn from category 7(d).

Applicant’s address:

333 Bloor Street East
6^th floor
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

At the applicant’s address

18.         Across Canada
Application No. 2010-1392-9

Application by Airborne Mobile Inc. for a broadcasting licence to operate an English‑language Category 2 specialty television programming undertaking to be known as TxT-TV.

The applicant states that the service would provide content that inspires and provokes viewer participation and content contributions.

The service would provide content directed to all adults 18+ and would provide a platform for moderated interactive conversation on various topics and interactive games.

All programming would focus on user contributions of varying nature (for example, text, audio, video and data transmissions) and the content focus would cover a wide range of topics, games and subject matter.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 2(a), 5(b), 6(b), 7(e), 7(f), 8(b), 8(c), 9, 10, 11, 12, 13 and 14.

The applicant does not propose any maximum or minimum levels of programming for any of the proposed program categories.

Applicant’s address:

3575 Saint-Laurent Boulevard
Suite 750
Montréal, Quebec
H2X 2T7
Fax: 514-284-1484
E-mail: mstafford@txttv.ca

Examination of application:

At the applicant’s address

19.         Donnacona, Quebec
Application No. 2010-0584-3

Application by Mario Lacombe, on behalf of a not-for-profit corporation to be incorporated, for a broadcasting licence to operate a French-language FM Type B community radio programming undertaking in Donnacona.

The new station would operate at 89.5 MHz (channel 208LP) with an effective radiated power of 50 watts (non-directional antenna with an effective height of antenna above average terrain of 35 metres).

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

550 Route 138
Cap Santé, Quebec
G0A 1L0
Fax: 418-462-0560
E-mail: info@reseaufm.com

Examination of application:

At the applicant’s address

20.         Vaudreuil-Soulanges, Quebec
Application No. 2010-1185-8

Application by Claude Turcotte, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a regional, French‑language Category 2 specialty television programming undertaking to be known as Le Canal Information de Vaudreuil-Soulanges.

The applicant states that the programming would focus on local news, sports, weather, cultural events and traffic. Eventually, provincial, national and international news would also be broadcast.

The applicant proposes to offer programming from the following program categories set out in Item 6 of Schedule I of the Specialty Services Regulations, 1990: 1, 2(a), 2(b), 3, 6(b), 12, 13 and 14.

The applicant states that it intends to broadcast paid advertising material other than national paid advertising, since it would be operating a television station that offers local programming.

Applicant’s address:

1040 du Métayer Street
St-Lazare, Quebec
J7T 2N4
Fax: 450-424-5311
E-mail: claude@maestrovision.com

Examination of application:

12 St-Jean-Baptiste Avenue
Vaudreuil-Dorion, Quebec

21.         Cobourg, Ontario
Application No. 2010-1093-3

Application by United Christian Broadcasters Canada for a broadcasting licence to operate an English-language FM specialty radio programming undertaking in Cobourg.

The new station would operate at 90.7 MHz (channel 214A1) with an effective radiated power of 250 watts (non-directional antenna with an effective height of antenna above average terrain of 32.5 metres).

The applicant proposes a Christian Adult Contemporary music format with at least 95% of its music drawn from music sub-category 35 (non-classic Religious).

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant's address:

RPO Quinte Mall
P.O. Box 23095
Belleville, Ontario
K8P 5J3
Fax: 613-966-3211
E-mail: j.hunt@ucbcanada.com

Examination of application:

Canadian Tire Store
1125 Elgin Street West
Cobourg, Ontario

22.         Greater Toronto Area (including Ajax, Aurora, Brampton, Castlemore, Erin Mills, Gormley, Kleinberg, Maple, Markham, King City, Mississauga, Oak Ridges, Oshawa, Pickering, Port Credit, Richmond Hill, Scarborough, Thornhill, Toronto, Unionville, and Whitby) and Greater London Area (including Belmont, Dorchester, Ilderton, Lambeth, London, Mount Brydges, St. Thomas and Thorndale), Ontario
Application No. 2010-1105-6

Application by MediaTube Corp. for a Class 1 regional broadcasting licence to operate terrestrial broadcasting distribution undertakings to serve the above-noted locations in the Greater Toronto and in the Greater London Area.

For the undertaking in the Greater Toronto Area, the applicant requests the following conditions of licence :

a)     The licensee is authorized to distribute, at its option, as part of the basic service, the signals WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC), WUTV (FOX) and WNED-TV (PBS) Buffalo, New York, or, alternatively for each signal, the signal of a different affiliate of the same network included in the List of eligible satellite services, as amended from time to time.

b)     The licensee is authorized to distribute, at its option, as part of the basic service the signals of WNLO, and WNYO Buffalo, New York, or, alternatively, the signal of another US independent network included in the List of Part 2 Eligible Satellite Services, as amended from time to time.

c)     The licensee is authorized to distribute the following signals on a digital discretionary basis:

• any of the distant Canadian television signals set out in the List of Part 3 eligible satellite services; and

• a second set of signals that provides the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and the non‑commercial PBS network (referred to as the U.S. 4+1 signals).

The distribution on a discretionary basis on the licensee's digital service of a second set of U.S. 4+1 signals and distant Canadian signals is subject to the provision that the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations. The Commission may suspend the application of this provision, with respect to the signals to be distributed, upon its approval of an executed agreement between the licensee and broadcasters. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 signals and distant Canadian signals solely on the licensee's digital service.

For the undertaking in the Greater London Area, the applicant requests the following conditions of licence:

a)     The licensee is authorized to distribute, at its option, as part of the basic service, the signals WWJ-TV (CBS), WDIV (NBC), WXYZ-TV (ABC), WJBK (FOX) Detroit, Michigan and WQLN (PBS) Erie, Pennsylvania, or, alternatively for each signal, the signal of a different affiliate of the same network included in the List of Eligible Satellite Services.

b)     The licensee is authorized to distribute, at its option, as part of the basic service, the signals WICU-TV (NBC) and WJET-TV (ABC) Erie, Pennsylvania.

c)     The licensee is authorized to distribute, at its option, as part of basic service, the signal WUAB-TV (IND) Cleveland, Ohio.

d)     The licensee is authorized to distribute the following signals on a digital discretionary basis:

• any of the distant Canadian television signals set out in the List of Part 3 eligible satellite services; and

• a second set of signals that provides the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and the non‑commercial PBS network (referred to as the U.S. 4+1 signals).

The distribution on a discretionary basis on the licensee's digital service of a second set of U.S. 4+1 signals and distant Canadian signals is subject to the provision that the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations. The Commission may suspend the application of this provision, with respect to the signals to be distributed, upon its approval of an executed agreement between the licensee and broadcasters. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 signals and distant Canadian signals solely on the licensee's digital service.

Additional information may be placed on the public examination file as it becomes available. The Commission encourages interested parties to monitor the public examination file and the Commission’s website for additional information that they may find useful when preparing their comments.

Applicant’s address:

8500 Leslie Street
Suite 380
Thornhill, Ontario
L3T 7M8
Fax: 905-881-8600
E-mail: tchislett@mediatube.tv

Examination of application:

At the applicant’s address

and

148 York Street
London, Ontario

23.         Toronto, Ontario
Application No. 2010-1191-5

Application by CTV Limited for authority to acquire, from Milestone Radio Inc., the assets of the English-language FM radio programming undertaking CFXJ-FM Toronto, known as “The New Flow 93.5.”

The applicant also requests a new broadcasting licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

The purchase price for the transaction, pursuant to the terms of the Asset Purchase Agreement, is $27,000,000. The applicant proposes a tangible benefits package representing 6% of the value of the transaction, to be paid over a seven-year period.

Applicant’s address:

299 Queen Street West
Toronto, Ontario
M5V 2Z5
Fax: 416-384-4580
E-mail: david.spodek@ctv.ca

Examination of application:

At the applicant’s address

and

211 Yonge Street
Suite 400
Toronto, Ontario

24.         London, Ontario
Application No. 2010-1193-1

Application by Rogers Broadcasting Limited for authority to acquire, from CTV Limited, the assets of the English-language FM radio programming undertaking CHST‑FM London, known as BOB-FM.

The applicant is requests a new broadcasting licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

The purchase price for the transaction, pursuant to the Letter of Agreement, is $16,000,000. The applicant proposes a tangible benefits package representing 6% of the value of the transaction, to be paid over a seven-year period.

Applicant’s address:

333 Bloor Street East
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

1 Communication Road
London, Ontario

25.         Leask, Saskatchewan
Application No. 2010-0675-0

Application by Louis Ledoux, in his capacity as director of operations of Mistawasis First Nations Radio, for a broadcasting licence to operate an English- and Cree-language, Native Type B radio programming undertaking in Leask.

The new station would operate at 93.7 MHz (channel 229LP) with an effective radiated power of 47 watts (non-directional antenna with an effective height of antenna above average terrain of 23 metres).

The applicant proposes to broadcast programming in the English and Cree languages. Programming would include educational and music programs.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

P.O. Box 148
Leask, Saskatchewan
S0J 1M0
Fax: 306-466-2220
E-mail: allen.dreaver@mistawasis.ca

Examination of application:

Band Administration Office
Leask, Saskatchewan

26.         Province of Saskatchewan
Application No. 2010-1379-7

Application by Bluepoint Investments Inc. for authority to acquire from Saskatchewan Communications Network Corporation, the assets of Saskatchewan Communications Network (SCN), a non-commercial, satellite-to-cable programming undertaking, for the purpose of distributing educational programming in Saskatchewan.

The applicant is a corporation wholly owned and controlled by Mr. Bruce G. Claassen.

The purchase price of this transaction, based on the terms of the Purchase and Sale Agreement, is $350,000.

The applicant has committed to spend $12.25 million over the licence term to fund Saskatchewan productions. It further commits to spend $7 million, over the licence term for the development and production of digital content.

The applicant requests a seven-year licence term to continue the operation of this undertaking, with changes to the existing conditions of licence of SCN.

The applicant proposes to modify the SCN licence by introducing advertising while ensuring a balance between new commercial content and old or familiar content genres. The daytime period would remain dedicated to children’s and educational programming which would run commercial free. Other periods during the day, including the access period, (between 6:00 p.m. and 8:00 p.m.) and the evening period would contain educationally and culturally themed programming as well as popular programming designed to attract advertising revenues.

The applicant specifically requests to be allowed to broadcast 14 minutes of advertising per hour during the 63 hours per week where it proposes that commercial content might run, so that the service could run a total of 882 minutes per week of advertising.

Additional information may be placed on the public examination file as it becomes available. The Commission encourages interested parties to monitor the public examination file and the Commission’s website.

Applicant’s address:

157 Dianne Avenue
Oakville, Ontario
L6J 4G8
Fax: 647-439-0818
E-mail: bruce.claassen@bluepointinvestment.com

Examination of application:

Saskatchewan Communications Network
Suite E313
2440 Broad Street
Regina, Saskatchewan

27.         Edmonton, Alberta
Application No. 2010-1192-3

Application by Rogers Broadcasting Limited for authority to acquire, from CTV Limited and Milestone Media Broadcasting (Edmonton) Limited, partners in a general partnership carrying on business as Edmonton Urban Partnership (EUP), the assets of the English-language FM radio programming undertaking CHBN-FM Edmonton, known as “The Bounce.”

The applicant also requests a new broadcasting licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

The purchase price for the transaction, pursuant to the terms of the Letter of Agreement, is $22,000,000. The applicant proposes a tangible benefits package representing 6% of the value of the transaction, to be paid over a seven-year period.

Following an analysis of the station's Canadian talent development (CTD) contributions, the Commission has determined that the current licensee may not have complied with condition of licence number 2 set out in Broadcasting Decision 2004-133 which states as follows:

In each year of the licence term, the licensee shall contribute $571,429 to specific direct Canadian talent development (CTD) initiatives. These annual contributions shall be allocated as follows:

• $192,858 to the Foundation to Assist Canadian Talent on Record (FACTOR), $96,428 of which will be earmarked to support Alberta Urban music artists,

• $200,000 for a Quadruple Urban-Mix Series,

• $50,000 for a national television showcase for Alberta Urban musicians,

• $50,000 for a CTD co-ordinator staff member,

• $20,000 for a series of summer concerts,

• $30,000 for live club concerts in Edmonton,

• $18,571 for a Canadian Urban music website separate from the station's own website, and

• $10,000 for an education fund to support the study of broadcast journalism or music by Edmonton-based members of the designated groups (women, Aboriginal peoples, disabled persons and visible minorities).

In particular, it would appear that EUP may have failed to contribute the total annual CTD amount for the 2007 and 2008 broadcast years. Furthermore, it appears that the specific contributions for each initiative outlined in the condition of licence may not have been met for the 2005, 2006, 2007, 2008 and 2009 broadcast years. At present, the Commission does not have CHBN-FM's annual return for the 2010 broadcast year.

The Commission also notes that the undertaking is in its first licence term.

Applicant’s address:

333 Bloor Street East
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-mail: susan.wheeler@rci.rogers.com

Examination of application:

10212 Jasper Avenue
Edmonton, Alberta

28.         100 Mile House, British Columbia
Application No. 2010-1006-6

Application by Gerhard Loeffeler, on behalf of a corporation to be incorporated, for a broadcasting licence to operate an English‑language FM commercial radio programming undertaking in 100 Mile House.

The new station would operate at 101.7 MHz (channel 269B) with an effective radiated power of 1,800 watts (non-directional antenna with an effective height of antenna above average terrain of 568 metres).

The applicant proposes a music format consisting of a mix of New Country and Pop Rock.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

P.O. Box 38
Canim Lake, British Columbia
V0K 1J0
Fax: 250-397-2836
E-mail: caribooradio@loeffeler.org

Examination of application:

City Hall
385 Birch Avenue
100 Mile House, British Columbia

Public participation

Deadline for interventions

27 October 2010

The intervention must be received by the Commission and by the applicant on or before the above‑mentioned date. The Commission cannot be held responsible for postal delays and will not notify a party whose intervention is received after the deadline date. The intervention will not be considered by the Commission and will not be part of the public file.

Interventions will be considered by the Commission and will form part of the public record of the proceeding without further notification to intervening parties, provided the procedure set out below has been followed. Parties will be contacted only if their submissions raise procedural questions.

Written interventions should be submitted to the Secretary General of the Commission in only one of the following formats:

by using the
[Broadcasting interventions/comments form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy must be sent to the applicant, and proof that this has been done must accompany the intervention sent to the Commission.

The Commission advises those who file and serve by electronic mode to exercise caution when using e‑mail for service of documents or notification, as it may be difficult to establish that service has occurred.

Parties must ensure that, before initiating service through electronic mode, they will be able to satisfy the Commission, upon request, that service of the notification was completed.

Submissions longer than five pages should include a summary.

Each paragraph of the submission should be numbered. In addition, where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.

Interventions should clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

Important notice

All information that parties provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, e‑mail or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, e‑mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third‑party search engine will not provide access to the information that was provided as part of this public process.

The Commission encourages interested parties to monitor the public examination file and the Commission’s website for additional information that they may find useful when preparing their interventions.

Examination of documents

An electronic version of the applications is available from the Commission’s website by selecting the application number within this notice.

A list of all interventions will also be available on the Commission’s website. An electronic version of all interventions submitted will be accessible from this list. To access the list, select “Lists of interventions/comments” under “Public Proceedings” from the Commission’s website.

Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications, or, upon request, within two (2) working days, at any other Commission offices and documentation centres.

Location of Commission offices

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage, Room 206
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional offices

Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel.: 514-283-6607

55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
R3B 2B3
Tel.: 204-983-6306
Fax: 204-983-6317

2220 – 12^th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422

10405 Jasper Avenue
Suite 520
Edmonton, Alberta
T5J 3N4
Tel.: 780-495-3224

858 Beatty Street
Suite 290
Vancouver, British Columbia
V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General

Date modified:

2010-09-27