Application for addition to the list of non-Canadian programming services authorized for distribution - Form 304

Sample form only: do not complete

This form is for reference purposes only. It is not to be completed in this format.

To complete this form online and submit it to the CRTC, log in to My CRTC Account via the Broadcasting Online Form and Cover Page.

Part 1 of the Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, provides the basic structure for a written proceeding that is initiated by an applicant who files an application with the Commission and serves any respondents. The Commission posts these applications on its website. The public is given an opportunity to file submissions as Interveners or Respondents within 30 days, and the applicant is given an additional 10 days to respond. The Commission examines all of the written submissions and issues a decision. These proceedings are generally referred to as “Part 1 proceedings.”

Applicants that have any questions related to this application form may contact a Commission specialist at 1-866-781-1911.

Important notice: 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 identifies all regulatory issues raised in the application and provides supporting documentation. All information with an * is required.

1. General information

* Name of proposed service to be sponsored:
* Origin of the service to be sponsored:

* 1.1 Identification of the sponsor

Corporation ( ) Other ( ) (please specify): ___________________

* Name of sponsor:
* Call sign or name of service:
* Address:
* City/Town:
* Province/Territory:
* Postal code:
* Telephone:
Facsimile:

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

Name:
Title:
E-mail:
Telephone:

1.2 Designated representative

I, _________________________, the sponsor, 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: (not required when submitting electronically)
Address of agent:
Title:
Telephone:
Facsimile:
Email:

* 1.3 Declaration of the sponsor or its designated representative

I, ___________________________________ solemnly declare that:

  1. I am the designated representative of the sponsor 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, the broadcasting regulations and policies relevant to this application.

And I have signed
Signature: (not required when submitting electronically)
* Date:

Witnessed by
Signature: (not required when submitting electronically)
* Name:
* Date:
* At: (Example: city, province)

2. Procedural Request

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 the Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959 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:

3. 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, identifies all regulatory issues raised in the application and 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

3.1 Description of application

* Please provide a detailed description of the service including the nature and genre of programming:

  1. * Is the service considered:

    General interest ( ) News ( ) Niche ( )

  2. Programming language(s)

    1. * Indicate the percentage of programming, if any, to be provided for each additional language:

      * French: %
      * English: %
      * Other - Please specify percentage for each language: %

    2. * Will the service be providing subtitles in languages other than the main language of the service?

      Yes ( ) No ( )

      * If yes, please specify which language and percentage for each additional language:

      * French: %
      * English: %
      * Other - Please specify percentage for each language: %

    3. * Will the service be providing a secondary audio program (SAP) in a language other than the main language of programming?

      Yes ( ) No ( )

      * If yes, please specify which language and percentage for each additional language:

      * French: %
      * English: %
      * Other - Please specify percentage for each language: %

  3. What is the target audience of the service?

  4. What is the original source of programming for the service?

Please confirm that the service you are requesting to be added to the list must be the original feed of the service and not a feed specifically modified for Canada ( )

3.2 Accordance with Acts, Regulations and Policies

It is important to remember that no matter what type of application you are filing, it will be reviewed not only in light of the Acts and their regulations, but also in light of the Commission’s policies. Therefore, you must research any policies that might apply to your type of application and explain how the application addresses the policy. If your application proposes something that is not in line with the policy, you must explain why the policy is not appropriate in your circumstances. You may consult the related documents of your application under Forms and My CRTC Account for a list of Commission policies and regulations.

  1. * Are there any Commission regulations, policies or practices that are relevant to your application?

    Yes ( ) No ( )

    If no, proceed to section 3.

    If yes, the following two questions must be answered:

  2. * List any Commission regulations, policies or practices that are relevant to your application:

  3. * Is your application consistent with these regulations, policies or practices?

    Yes ( ) No ( ) N/A ( )

    If no, provide detailed rationale for why the Commission should grant you an exception:

4. Respondents

Pursuant to section 22(1)b) of the CRTC Rules of Procedure (“The Rules”), an application must be served on any respondent. A respondent is defined in section 1 of the Rules as “a person that is adverse in interest to an applicant”.

The onus is on applicants to clearly identify and provide service of the application to all respondents.

Determining who is a respondent to a particular application depends on the specific facts of the application. You can find additional information in the Guidelines on the CRTC Rules of Practice and Procedure, Information Bulletin CRTC 2010-959 that could greatly assist you in the determination of who could potentially be a respondent.

The table below lists the most common examples of respondents who must be served with an application. This list is not exhaustive, nor is it determinative, as the type of respondents may vary according to the particular circumstances of each application (e.g. technical, economic or other).

A person that believes it should have been served as a respondent may file a procedural request with the Commission requesting that they be considered as such. Such request may however cause delays in processing certain applications.

Persons generally considered respondents
Broadcasting
Type of application Respondents
Radio amendments to remove specialty format Existing radio stations (low-power or otherwise) licensed to serve the proposed market
Television and radio technical amendments All television or radio stations whose originating or rebroadcasted signal would suffer interference or that would be required to vacate their frequency or be impacted economically
Television and radio amendments to add, remove or amend a condition of licence requiring expenditures to a specifically named initiative (i.e. Canadian content development contributions, tangible benefits) The persons responsible for the named initiative(s) where the expenditures would be reduced or payment schedule altered
Amendment to the nature of service of a pay or specialty service Category A television services with which the proposed service could be considered competitive
Broadcasting distribution undertaking amendments to distribute a distant signal The local television station whose distant signal is proposed to be carried
Addition to the list of non-Canadian programming services authorized for distribution Licensed Canadian pay and specialty television services with which the proposed service could be considered competitive

* In light of this table, have you provided service of your application on all respondents?

Yes ( ) No ( ) N/A ( )

If yes, fill in the chart below with the required information as stated in the Guidelines on the CRTC Rules of Practice and Procedure:

If no, explain why respondents were not served under the circumstances. (i.e. the application may cause the Commission to generate a call and the applicant would therefore be at a competitive disadvantage with potential applicants seeking the same frequency).

Respondent Mail or Email address Date served

NOTE: Pursuant to section 17 of the Rules, you must serve a person on or before the day you file the document with the Commission. Note that a document is not served until it is received by the intended recipient. Therefore, if you are serving a person by mail, you must send it in time for it to be delivered on or before the day you intend to file the document.

5. Request for documents to be designated as confidential

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

* 5.1 Are you requesting for some information to be designated as confidential?

Yes ( ) No ( )

  1. If yes, provide a detailed rationale to explain why the disclosure of the information is not in the public interest:

You may submit any additional documents as part of your application after selecting the “Submit” option below.

6. Documents to be appended to the application and naming convention of electronic documents

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

As part of your application, the Commission requires that you submit all the following documents in order to process your application. Failure to do so will result in the Commission returning your application.

  1. Appendix 2
    Agreement of Sponsorship

    Provide evidence that the non-Canadian service has agreed to be sponsored by the Canadian party filing the proposal.

  2. Appendix 3
    Rights for distribution in Canada

    Provide a statement from the service provider that it has obtained all necessary rights for distribution of its programming in Canada.

  3. Appendix 4
    Preferential or Exclusive Rights

    Provide evidence from the non-Canadian service provider that it does not hold nor will it try to obtain, exercise, preferential or exclusive programming rights in relation to the distribution of programming in Canada. For example, the provider of a non-Canadian service would have to satisfy the Commission that it does not currently, nor will it in future, deal in rights to programming in a manner that unduly precludes a Canadian programming undertaking from acquiring that programming.

  4. Appendix 5
    Program Supply

    Provide a statement indicating whether or not the service provider currently has a program supply agreement with any Canadian service and whether or not it has terminated any such agreement(s) within the previous twelve months. If such an agreement exists, the Commission requires a description of the agreement from the service provider, including the period of time covered by the agreement and the number of hours of programming to be supplied under the agreement's term. Where any such agreement has been terminated by the service provider within the preceding twelve months, the Commission requires, as well as a description of the agreement, the rationale for its termination.

  5. Appendix 6
    Programming Schedule

    1. Provide a program schedule for a recent week that would be representative of the non-Canadian service over the year with program descriptions for all of the programs included on the schedule.

    2. Provide a breakdown of programming in the following genres (with reference to the Commission's program categories), expressed as both the total number of hours per week and as a percentage of the overall weekly programming schedule:

      • News (categories 1, 2a and 3)
      • Documentaries (category 2b)
      • Lifestyle/human interest/recreation / leisure and reality (categories 5b, 11a and 11b)
      • Sports (categories 6a and 6b)
      • Drama/fiction/comedy (category 7)
      • Music/variety (categories 8 and 9)
      • Religious (category 4)
      • Other (e.g. categories 5a and 10)
  6. Appendix 7
    Demand for Service

    Provide evidence of potential demand for the service as gathered through discussions with distributors.

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 document name should not exceed 150 characters or include any special characters (%, $, &, /, ( ), #, etc).
The document should not be submitted in .xhtml format.

Document Electronic file name Appended Confidential
Appendix 1 (Optional) Doc3 - Appendix 1 - Supplementary brief
* Appendix 2 Agreement of Sponsorship Doc 4 - Appendix 2 -Agreement of Sponsorship
* Appendix 3 Rights for distribution in Canada Doc 5 - Appendix 3 -Rights for distribution in Canada
* Appendix 4 Preferential or Exclusive Rights Doc 6 - Appendix 4 - Preferential or Exclusive Rights
* Appendix 5 Program Supply Doc 7 - Appendix 5 - Program Supply
* Appendix 6 Programming Schedule Doc 8 - Appendix 6 - Programming Schedule
* Appendix 7 Demand for Service Doc 9 - Appendix 7 - Demand for Service
Additional documents (Optional) Doc#- “Specify name of document”
Each confidential document NOT WEB - Doc# - CONFDOC - "brief description of the document"
Abridged version of each confidential document Doc# - ABRIDGED VERSION - "same description of document for which confidentiality is requested"

CRTC 304 (2015-06-11) - Application for addition to the list of non-Canadian programming services authorized for distribution

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