ARCHIVED - Broadcasting Notice of Consultation CRTC 2010-146
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Additional reference : 2010-146-1, 2010-146-2, 2010-146-3 and 2010-146-4
Ottawa, 12 March 2010
Notice of hearing
12 May 2010
Toronto, Ontario
Deadline for submission of interventions/comments: 12 April 2010
The Commission will hold a hearing commencing 12 May 2010 at 9:00 a.m. at the Four Points by Sheraton Toronto Airport West, 6090 Dixie Road, Mississauga, Ontario, to consider the following applications:
[Broadcasting interventions/comments form]
Applicant/Licensee and Locality
CKLN Radio Incorporated
Toronto, Ontario
Reference No. 2010-0098-4Aboriginal Voices Radio Inc.
Application No. 2010-0186-7 – Toronto, Ontario
Application No. 2010-0185-9 – Vancouver, British Columbia
Application No. 2010-0188-3 – Calgary, Alberta
Application No. 2010-0191-6 – Edmonton, Alberta
Application No. 2010-0190-9 – Ottawa, OntarioPellpropco Inc.
St. Catharines, Ontario
Application No. 2010-0200-8Arctic Radio (1982) Limited
Flin Flon, Manitoba
Application No. 2010-0196-6The Ontario Educational Communications Authority
Across Canada
Application No. 2009-1714-8Hornby Community Radio Society
Hornby Island, British Columbia
Application No. 2009-1738-8Total Change Ministries Inc.
Campbell River, British Columbia
Application No. 2010-0030-7
PREAMBLE
Item 1
The Commission has received complaints regarding CKLN Radio Incorporated, licensee of the community-based campus radio programming undertaking CKLN-FM Toronto. According to these complainants, the station has been experiencing ongoing difficulties with its governance structure, day-to-day management and operations, programming and ability to remain on-air. Many of these complaints remain unanswered since February 2008. The most recent complaint was filed in November 2009.
In reviewing CKLN-FM's operation, it appears to the Commission that the station may be operating in non-compliance with the Radio Regulations, 1986. The Commission is also concerned that the manner in which CKLN-FM is currently being operated is inconsistent with the Commission's policies for campus-based community radio stations set out in Campus radio policy, Public Notice CRTC 2000-12, 28 January 2000.
The Commission calls CKLN Radio Incorporated to a public hearing to show cause why the Commission should not take steps to suspend or revoke the broadcasting licence in question or why the Commission should not issue a mandatory order requiring the licensee to comply with the Regulations and its conditions of licence.
Item 2
The Commission intends to examine the renewal of the broadcasting licences held by Aboriginal Voices Radio Inc. for its radio programming undertakings in Toronto, Vancouver, Calgary, Edmonton and Ottawa, expiring 31 August 2010.
It appears to the Commission that these stations may be operating in non-compliance with the Radio Regulations, 1986 and their conditions of licence related to the minimum level of local programming.
The Commission also intends to discuss various issues with the licensee at the hearing related to its programming orientation and its stations' funding.
As part of its licence renewal AVR will be required to show cause why the Commission should not issue a mandatory order requiring the licensee to comply with the Regulations, 1986 and its conditions of licence and why the Commission should not consider recourse to additional measures, such as short-term renewal, suspension, non-renewal or revocation of the licence in question.
Item 3
The Commission intends to examine the renewal of the broadcasting licence held by Pellpropco Inc. for CHSC St.Catharines, expiring 31 August 2010.
It appears to the Commission that the station may be operating in non-compliance with the Radio Regulations, 1986 and its conditions of licence.
The Commission also intends to clarify certain programming and technical issues related to CHSC's operation, including its programming service to the residents of St. Catharines and the Niagara region, its transmission facilities and the status of its studio facilities in the St. Catharines market.
As part of its renewal Pellpropco Inc. will be required to show cause why the Commission should not issue a mandatory order requiring the licensee to comply with the Regulations and its conditions of licence and why the Commission should not consider recourse to additional measures, such as short-term renewal, suspension, non-renewal or revocation of the licence in question.
Item 4
This involves the licence renewal application for CFAR Flin Flon. It appears to the Commission that the station may be operating in non-compliance with the Radio Regulations, 1986.
Items 5 to 7
The Commission intends to consider, subject to interventions, items 5 to 7 during the non-appearing phase of the public hearing.
1. Toronto, Ontario
Reference No. 2010-0098-4
Note: The information pertaining to the matters referred to below is only available in hard copy in the public examination file at the CRTC offices in Gatineau and Toronto. However, submissions received from the licensee and interveners during this public proceeding will be posted on the Commission's website.
The Commission has received numerous complaints regarding the operations and programming of CKLN Radio Incorporated, licensee of the community-based campus radio programming undertaking CKLN-FM Toronto. According to these complainants, the station is experiencing ongoing difficulties with its governance structure, day-to-day management and operations, programming and ability to maintain an on-air presence on its licensed frequency 88.1 MHz. Many of these complaints went unanswered since February 2008. The most recent complaint was filed in November 2009.
Correspondence and the licensee's file
In a letter dated 2 July 2009 ("July Staff Letter"), pursuant to section 8 of the Radio Regulations, 1986 (the Regulations) Commission staff requested that the licensee provide programming logs and records for the weeks of 7 to 13 June 2009 and 21 to 27 June 2009 along with an explanation for any periods during this time when the station was not broadcasting over-the-air. Commission staff also noted that the licensee had failed to respond to a number of outstanding complaints since February 2008 and had not filed its annual returns for 2007 or 2008. Commission staff requested that the licensee contact them as soon as possible to discuss the failure to respond to requests for information. No response to this letter was filed with the Commission before September 2009.
On 14 September 2009, representatives of the licensee1 met with representatives of the Commission's radio policy and legal directorates. Following this meeting, in a letter dated 17 September 2009 ("September Staff Letter"), Commission staff sent to the representatives of the licensee a summary of the meeting and a request that they provide the Commission with a report including the following information:
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details and documentation concerning the operations of CKLN-FM including its staff, funding, accounting, programming and other aspects;
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the programming logs requested in the July Staff Letter;
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details and documentation pertaining to access to the premises of the station CKLN-FM and its transmitting facilities; and
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details and documentation concerning the current structure of the board of directors of CKLN Radio Incorporated.
In response to the September Staff Letter, on 6 October 2009, representatives of the licensee filed a report of its current and planned operations and the requested documentation with the Commission. Representatives of the licensee requested confidentiality for certain third-party personal information found in the report and filed an abridged version for the public file.
In a letter dated 16 October 2009, Commission staff provided representatives of the licensee with a performance evaluation of the logger tapes provided in response to the 2 July 2009 request. Commission staff identified areas of apparent non-compliance, requested a response and that the records be re-filed. The licensee provided a response and re-filed the records in question.
In a letter signed by the Secretary General and dated 10 February 2010 (the Secretary General Letter), the Commission advised the licensee of a list of areas of apparent non-compliance with the Regulations and requested logger tapes and program logs for the week of 10 to 16 January 2010. Representatives of the licensee were also provided with a copy of CKLN-FM's public file and were asked to comment on its accuracy and completeness. Representatives of the licensee provided a response on 1 March 2010.
In the reply to the Secretary General Letter, representatives of the licensee did file the requested logger tapes and programming logs, which are currently being evaluated by the Commission.
The Secretary General Letter and the response filed by representatives of the licensee will be placed on the licensee's public file and will be considered by the Commission as part of this proceeding.
Apparent non-compliance with the Regulations
As stated in the Secretary General Letter and based on the information found in the licensee's file it appears to the Commission that the licensee may be in non-compliance with the following sections of the Regulations:
Subsection 8(4) and (6) Logs and records – Clear and intelligible tape recordings
As described in the evaluation report from Commission staff, the licensee did not provide tapes of the broadcast weeks of 7 to 13 June 2009 and 21 to 27 June 2009, as requested in the July Staff Letter. Instead, the licensee did provide tapes of certain broadcasts during the periods of 8 to 14 June and 22 to 28 June 2009. Moreover, the tapes submitted for the week of 22 to 28 June 2009 were inaudible.
Subsection 9(2) Requests for information – Annual returns
The licensee has failed to file an annual return for the broadcasting years ending 31 August 2007 and 31 August 2008.
Subsection 9(4) Requests for information – Responding to any inquiry on a matter within the Commission's jurisdiction
The licensee did not respond to a number of complaints forwarded to the licensee by the Commission dating back to February 2008, and did not respond to the July Staff Letter until September 2009. The licensee did not file all documentation requested by Commission staff in the September Staff Letter, and did not respond within the deadlines provided.
Subsection 10(1) - Ownership and control of equipment and facilities
It appears that, during a period of seven months (from March through September 2009), the Ryerson Student Union (RSU) allowed no one to access the CKLN-FM transmitter site. It also appears that Brookfield Properties Management (the landlord of the transmitter site) allowed representatives of the licensee to obtain access to the transmitter site only after obtaining instructions from RSU. The Commission notes that RSU is not the licensee of CKLN-FM.
It therefore appears to the Commission that the licensee may not have been operating its transmitter as required by the Regulations.
Paragraph 11(4)(a) - Transfers of ownership and control
The record indicates that one or both of RSU and the Palin Foundation (administrator of the Ryerson Student Union building wherein the station CKLN-FM is housed):
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prohibited access by all but a few individuals to the CKLN-FM station facilities, in a way that appears to have prevented the licensee from controlling its programming;
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withheld student levies collected on behalf of the licensee, holding that money in trust and paying certain costs on behalf of the licensee;
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directed Brookfield Properties Management to control access to the transmitter site.
These actions suggest that one or both of RSU and the Palin Foundation may have exercised effective control of the undertaking, which would have required the licensee to gain Commission approval.
In addition to the apparent non-compliance with the five sections of the Regulations as listed above, the Commission is also concerned that the manner in which CKLN-FM is currently being operated is inconsistent with the Commission's policies for community and campus radio stations set out in Campus radio policy, Public Notice CRTC 2000-12, 28 January 2000. It appears to the Commission that, for many months, the station was offering a format focusing on Jazz music with no volunteer involvement. During this time, community reflection and involvement also appeared to be nonexistent.
Community-based campus stations are expected to have a balanced representation on their boards of directors of members from the student body, the associated college or university, station volunteers and the community at large. At present, CKLN Radio Incorporated's by-laws make no provision for the involvement of Ryerson's administration or other university representative on the board of directors. It is also noted that student involvement in the board of directors is minimal.
The Commission also notes its concerns with the lack of any paid staff involved in the operations of the station and notes that the station appears to be experiencing financial difficulties, all of which may affect the viability of the station in the future.
The Commission further acknowledges a number of complaints received about the programming and operations of CKLN-FM. Responses from the licensee have been received and are being examined by the Commission. The Commission will seek further clarification on these responses, if so required.
Process
The Commission intends to inquire into, hear and determine these matters. Therefore, pursuant to sections 12 and 24 of the Broadcasting Act, the Commission calls CKLN Radio Incorporated to a public hearing to be held at Four Points by Sheraton Toronto Airport West, 6090 Dixie Road in the city of Mississauga, Ontario commencing 12 May 2010 at 9:00 a.m. to show cause:
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why a mandatory order should not be issued pursuant to section 12 of the Broadcasting Act (the Act) requiring the licensee to comply with Regulations and its conditions of licence;
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why the Commission should not suspend or revoke the licensee's licence pursuant to sections 9 and 24 of the Act.
Important
The Commission today issued a letter to the licensee setting out a number of procedural rights and obligations. This letter has been added to the licensee's public file.
The Commission notes that additional documents may be added to the public file subsequent to the issuance of this Notice of Consultation. Interested parties are accordingly advised to consult the public file for this item on an ongoing basis.
Licensee's address:
55 Gould Street
Toronto, Ontario
M5B 1E9
Fax: 416-595-0226
E-Mail: board@ckln.fm; stationmanager@ckln.fm; programdirector@ckln.fm
Examination of the licensee's public file:
At the CRTC offices in Gatineau and Toronto
2. Application No. 2010-0186-7 – Toronto, Ontario
Application No. 2010-0185-9 – Vancouver, British Columbia
Application No. 2010-0188-3 – Calgary, Alberta
Application No. 2010-0191-6 – Edmonton, Alberta
Application No. 2010-0190-9 – Ottawa, Ontario
Applications by Aboriginal Voices Radio Inc. (AVR) to renew the broadcasting licences for the Native Type B radio programming undertakings CKAV-FM Toronto, CKAV-FM-2 Vancouver, CKAV-FM-3 Calgary, CKAV-FM-4 Edmonton2 and CKAV-FM-9 Ottawa, expiring 31 August 2010.
Background
AVR appeared before the Commission at the 30 October 2006 Regina Public Hearing to discuss its apparent non-compliance with the Radio Regulations, 1986 (the Regulations) and with its condition of licence requiring that at least 25% of all programming broadcast during each broadcast week be spoken word programming. At the time, the Commission also had concerns regarding the local programming broadcast on AVR stations.
Following the Regina Public Hearing, the Commission, in CKAV-FM Toronto, CKAV-FM-2 Vancouver, CKAV-FM-3 Calgary and CKAV-FM-9 Ottawa – Licence renewals, Broadcasting Decision CRTC 2007-121, 27 April 2007, renewed the broadcasting licences for the Native Type B radio programming undertakings CKAV-FM Toronto, CKAV-FM-2 Vancouver, CKAV-FM-3 Calgary and CKAV-FM-9 Ottawa for a short term, from 1 May 2007 to 31 August 2010.
Non-compliance
During the current licence term, it appears to the Commission that the licensee may have failed to comply with subsection 9(2) of the Regulations, relating to the submission of the annual returns for the 2008 broadcasting year.
Following the Commission's monitoring of the stations' programming for the broadcast week of 5 to 11 July 2009, it appears to the Commission that the licensee may have failed to comply, for each of its stations, with its condition of licence regarding local programming.
Condition of licence 1 states that ‘‘the licensee shall devote a minimum of 25% of its weekly broadcast schedule to the broadcast of local programming within twelve (12) months of the date of this decision'' (Appendix to CKAV-FM Toronto, CKAV-FM-2 Vancouver, CKAV-FM-3 Calgary, CKAV-FM-4 Edmonton, CKAV-FM-8 Kitchener-Waterloo, CKAV-FM-9 Ottawa and CKAV-FM-10 Montréal – Licence amendments, Broadcasting Decision CRTC 2008-45, 25 February 2008).
With respect to this condition of licence, one original newscast was heard each day on each of the stations, repeated unaltered several times each day. This newscast contained one local item, in addition to other stories. However, the Commission's monitoring revealed no local weather or sports coverage on any of the stations, nor the promotion of local events and activities.
Other Commission concerns
In addition to the apparent non-compliance described above, the Commission intends to inquire at the hearing into the current staff levels of the stations, the stations' funding, the local newscasts, the continuity of the original proposed AVR service and the quality of that service provided in the markets.
The Commission expects the licensee to show cause at this hearing why a mandatory order should not be issued requiring the licensee to comply with the Regulations as well as its conditions of licence.
The Commission reminds the licensee that it may also consider recourse to additional measures, including short-term renewal, suspension, nonrenewal or revocation of the licence pursuant to sections 9 and 24 of the Broadcasting Act.
Licensee's address:
P.O. Box 87
Station E
Toronto, Ontario
M6H 4E1
Fax: 416-703-4328
E-Mail: avrjason@gmail.com
Examination of applications:
CKAV-FM Toronto
2010 Winston Park Drive
Suite 301
Oakville, Ontario
CKAV-FM-2 Vancouver
300-380 West 2nd Avenue
Vancouver, British Columbia
CKAV-FM- 3 Calgary
8717 Old Banff Coach Road South-West
Calgary, Alberta
CKAV-FM-4 Edmonton
500 Wye Road
Sherwood Park, Alberta
CKAV-FM-9 Ottawa
486 Donald Street
Ottawa, Ontario
3. St. Catharines, Ontario
Application No. 2010-0200-8
Application by Pellpropco Inc. to renew the broadcasting licence for the English-language commercial radio programming undertaking CHSC St. Catharines, expiring 31 August 2010.
It appears to the Commission that the licensee may have failed to comply with the Radio Regulations, 1986 (the Regulations) and Broadcasting Mandatory Order CRTC 2009-395 regarding:
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the filing of annual returns;
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its conditions of licence to provide a minimum of 20 minutes of English-language news content, subcategory 11 News, each Saturday and each Sunday, of which 50% each day must be of direct and particular relevance to listeners in the St. Catharines and Niagara Region;
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the Regulations and its condition of licence regarding Canadian talent development (CTD) obligations for the broadcast years 2006-2007 and 2007-2008; and,
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the Regulations regarding the filing of information requested by the Commission, namely audited financial statements for the broadcasting years 2004-2005, 2005-2006, 2006-2007 and 2007-2008 and proof of payment for the CTD shortfall for 2006-2007 and 2007-2008.
Pellpropco Inc. appeared before the Commission at the 26 January 2009 Orillia Public Hearing pursuant to section 12 of the Broadcasting Act, to show cause why a mandatory order requiring the licensee to conform with the Regulations concerning Canadian content, the broadcasting of third-language programming, the filing of complete annual returns, and the provision of logger tapes, program logs and music lists should not be issued. Other issues discussed with the licensee included the amount and quality of its service to the residents of St. Catharines and the Niagara region, CTD arrears and ownership concerns.
Following the licensee's appearance at the public hearing, the Commission issued CHSC St. Catharines – Issuance of mandatory orders, Broadcasting Decision CRTC 2009-391, 30 June 2009 (Broadcasting Decision 2009-391). The decision included a number of mandatory orders that were set out in Broadcasting Mandatory Orders CRTC 2009-392 to 2009-395 (Mandatory Orders 2009-392 to 2009-395) pertaining to Canadian content, third-language programming, logs and records and the filing of annual returns.
As well, the decision set out additional conditions of licence that required the licensee to refrain from broadcasting any ethnic or third-language programming between 6 a.m. and noon Monday to Friday on CHSC and to provide a minimum of 20 minutes of English-language news content, subcategory 11 News, each Saturday and each Sunday, of which 50% each day must be of direct and particular relevance to listeners in the St. Catharines and Niagara region.
The licensee was also directed to file a completed annual return for the broadcast year 2007-2008; audited financial statements for the broadcast years 2004-2005, 2005-2006, 2006-2007 and 2007-2008; and proof of CTD shortfall payments for each of the broadcast years 2006-2007 and 2007-2008. In addition, while proof of payment of CTD was filed for the broadcast year 2008-2009, Commission records indicate that no proof of payment was filed for broadcast years 2006-2007 or 2007-2008.
Following further monitoring of the station in September 2009, the licensee appears to be in compliance with Mandatory Order 2009-392 - Canadian content (Appendix 1 Decision 2009-391), Mandatory Order 2009-393 - Third-language programming (Appendix 2 Decision 2009-391) and Mandatory Order 2009-394– Logs and Records (Appendix 3 Decision 2009-391), as well as the condition of licence requiring CHSC to refrain from broadcasting any ethnic or third-language programming between 6 a.m. and noon Monday to Friday (Appendix 5 Broadcasting Decision 2009-391).
However, the Commission's monitoring also revealed that the licensee may be in breach of its condition of licence requiring it to broadcast 20 minutes of English-language, category 11 News, each Saturday and each Sunday (Appendix 5 Broadcasting Decision 2009-391).
Further, the Commission's records show that, while the licensee has filed its annual return for the broadcast year 2008-2009, it was filed on 4 February 2010 indicating an apparent breach of subsection 9(2) of the Regulations and Mandatory Order 2009-395, which require the filing of the 2008-2009 annual return by 30 November 2009 (Appendix 4 to Broadcasting Decision 2009-391).
It also appears to the Commission that the licensee has failed to comply with the directions in Broadcasting Decision 2009-391 to file completed annual returns and audited financial statements as well as proof of CTD shortfall payments. The Commission notes that, although the licensee did provide an annual return for broadcast year 2007-2008, the return was filed on 4 February 2010 indicating an apparent breach as the Commission had directed in Decision 2009-391 that this annual return be filed by 30 November 2009. Further, the financial statements for the broadcast years 2004-2005, 2005-2006, 2006-2007 and 2007-2008 were unaudited and similarly filed beyond the 30 November 2009 date identified in Decision 2009-391, indicating further non-compliance.
Therefore, in view of the licensee's apparent continued non-compliance, the Commission will discuss at the hearing these issues with the licensee as part of its application to renew the broadcasting licence for CHSC
In addition, Pellpropco requested in its renewal application that the Commission amend the broadcasting licence for CHSC by deleting a portion of the condition of licence set out in Appendix 5 to Broadcasting Decision 2009-391. Specifically, the licensee is requesting that the requirement to refrain from broadcasting any ethnic or third-language programming on CHSC between 6 a.m. and noon Monday to Friday not be re-imposed.
The Commission will also wish to clarify certain programming and technical issues related to the operation of CHSC, including its programming service to the residents of St. Catharines and the Niagara region, its transmission facilities and the status of CHSC's studio facilities in the St. Catharines market.
As noted in Broadcasting Decision 2009-391 and given the apparent continued non-compliance, the Commission reminds the licensee that it may also consider recourse to additional measures, including short-term renewal, suspension, non-renewal or revocation of the licence pursuant to sections 9 and 24 of the Broadcasting Act.
The Commission notes that additional documents may be added to the public file subsequent to the issuance of this Notice of Consultation. Interested parties are accordingly advised to consult the public file for this item on an ongoing basis.
Licensee's address:
111 Zenway Boulevard
Unit 39
Woodbridge, Ontario
L4H 3H9
Fax: 905-850-9055
E-Mail: fabpell@hotmail.com
Examination of application:
1835 Turner Road
Thorold, Ontario
and
111 Zenway Boulevard
Unit 39
Woodbridge, Ontario
4. Flin Flon, Manitoba
Application No. 2010-0196-6
Application by Arctic Radio (1982) Limited to renew the broadcasting licence for the commercial radio programming undertaking CFAR Flin Flon, expiring 31 August 2010.
It appears to the Commission that the licensee may have failed to comply with subsection 9(2) of the Radio Regulations, 1986 (the Regulations) relating to the filing of its annual return for the broadcast year 2008-2009.
The Commission intends to inquire into this matter at the hearing. The Commission expects the licensee to show cause at this hearing why a mandatory order should not be issued requiring the licensee to comply with subsection 9(2) of the Regulations.
The Commission notes that, in CFAR Flin Flon – Licence renewal, Broadcasting Decision CRTC 2008-149, 28 July 2008, the station was issued a two-year short term renewal to 31 August 2010 based on its failure to comply with the Regulations relating to the broadcast of Canadian content for category 2 music and its condition of licence to broadcast a minimum of two hours of Cree-language programming during each broadcast week.
Licensee's address:
316 Green Street
Flin Flon, Manitoba
R8A 0H2
Fax: 204-687-6786
E-Mail: cfar@articradio.ca
Examination of application:
At the licensee's address
5. Across Canada
Application No. 2009-1714-8
Application by The Ontario Educational Communications Authority for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as TVO Kids+.
The applicant states that the service will be devoted to young learners from Junior Kindergarten to Grade 5 with programming linked to or based on the Learning Expectations set out in the Ontario Curriculum and complementary to the formal in-classroom educational experience of young learners. The service will encompass the major areas of Curriculum including: Literacy/language, Math/problem solving/Science and technology, the Arts, Health education, Social studies and Personal and Social Development/Citizenship.
The applicant proposes that the service will not broadcast any commercial messages other than sponsorship programming.
The applicant proposes to offer programming from the following categories: 2(a), 5(a), 5(b), 7(a), 7(d), 7(e), 9, 11 and 12, as set out item 6 of Schedule I to the Specialty Services Regulations, 1990 and that no more than 15% of the broadcast week shall be devoted to the exhibition of programming from categories 7(a) and 7(d).
Applicant's address:
2180 Yonge Street
Box 200
Station Q
Toronto, Ontario
M4T 2T1
Fax: 416-484-2828
E-Mail: jdunk@tvo.org
Examination of application:
At the applicant's address
6. Hornby Island, British Columbia
Application No. 2009-1738-8
Application by Hornby Community Radio Society for a broadcasting licence to operate an English-language FM developmental community radio programming undertaking at Hornby Island.
The new station would operate on frequency 96.5 MHz (channel 243 VLP) with an effective radiated power of 5 watts (non-directional antenna with an effective height of the antenna above average terrain of 32.31 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:
3520 Strachan Road
Hornby Island, British Columbia
V0R 1Z0
Fax: 250-335-1787
E-Mail: hornbyradio@yahoo.ca
Examination of application:
3851 Central Road
Hornby Island, British Columbia
7. Campbell River, British Columbia
Application No. 2010-0030-7
Application by Total Change Ministries Inc. for a broadcasting licence to operate an English-language, low power Specialty non-commercial FM radio programming undertaking in Campbell River.
The new station would operate on frequency 88.7 MHz (channel 204 LP) an effective radiated power of 26 watts (non-directional antenna with an effective height of the antenna above average terrain of 88 metres).
The applicant plans to broadcast a Christian 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:
100 Jones Road
Campbell River, British Columbia
V9W 2V1
Fax: 250-276-3362
E-Mail: terrysomerville@gmail.com
Examination of application:
Cornerstone Books and Music
1430 Ironwood Street
Campbell River, British Columbia
Public participation
Deadline for interventions
12 April 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.
The intervention must include one of the following statements in either the first or the last paragraph:
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I request to appear at the public hearing.
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I do not want to appear at the public hearing.
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.
In the event that the application is brought to the oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions are not sufficient and why an appearance is necessary.
Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.
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 – 12th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422
10405 Jasper Avenue
Suite 520
Edmonton, Alberta
T5J 3N4
Tel.: 780-495-3224
580 Hornby Street
Suite 530
Vancouver, British Columbia
V6C 3B6
Tel.: 604-666-2111
Fax: 604-666-8322
Secretary General
This document is available in alternative format upon request and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca.
Footnotes
1 The Commission notes that the legitimacy of this group of individuals as representatives of the licensee is contested. Use of the term “representatives of the licensee” does not indicate the Commission's approval of this group of individuals as the legitimate Board of Directors of the licensee.
2 The Edmonton FM radio station, approved in Native FM radio station in Edmonton, Broadcasting Decision CRTC 2004-134, 5 April 2004, is at its first licence renewal.
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