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Broadcasting Information Bulletin CRTC 2010-28

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Other reference: 2010-28-1

Ottawa, 20 January 2010

Changes to certain practices for filing interventions

The Commission announces that applicants may now coordinate and organize joint supporting interventions to broadcasting applications announced in "Notices of Consultation" including both "Applications Received" and "Notices of Hearing". The Commission will now permit applicants to organize and file supporting interventions in a single submission. In addition, effective immediately, the Commission will generally provide interested parties with 30 days to file interventions on applications that are listed in a "Notice of Consultation – Notice of Hearing".

Previously, parties were generally allowed 35 days to file such interventions.

Introduction

1. Consistent with its ongoing objective of updating and improving its current practices in order to adapt them to the new realities of the communications industry, the Commission announces changes to its process for certain Notices of Consultation. As set out below, the Commission will now permit applicants to file a joint supporting intervention. It also changes the usual deadline for filing interventions.

Filing of a joint supporting submission

2. Applicants involved in licensing processes regularly coordinate the filing of letters in support of their applications. In some instances, applicants organize "write-in" campaigns, encouraging interested parties to file such interventions. Parties generally file these supporting interventions on paper or under a single fax cover sheet with multiple letters or forms attached to it.

3. Once filed, the Commission reviews each letter to determine, among other things, whether or not the writer of the letter wishes to appear at the public hearing. Currently, the Commission does not place the names of persons submitting letters or forms on its website due to privacy concerns, as it is not clear from the information filed whether these persons have been informed that their personal information would appear on the website.

4. With the view of continuing to improve the efficiency of the intervention process, effective immediately, the Commission will permit applicants to coordinate and organize supporting interventions into a joint supporting submission. As part of such a filing, the applicants will be required to submit the following to the Commission:

5. This approach will address the privacy concerns mentioned above because the interveners will now be given notice that their names will appear on the Commission's website. In addition, this approach increases the transparency of the process because the names of the supporting interveners will be available on the Commission's website.

6. While the Commission prefers applicants to use electronic filings by web form, it is prepared to permit applicants to file the list of names along with the supporting interventions by fax or by hardcopy. For convenience, the Commission has set out a template for the accompanying cover letter to be filed by the applicant. The template is attached as an appendix to this Information Bulletin and is also made available on the CRTC's website.

7. In accordance with the Commission's usual practice, all interventions filed under this new procedure must be dated after the date of the Notice of Consultation and must be received at the Commission on or before the deadline date for filing interventions set out in the Notice of Consultation.

8. The Commission notes that persons wishing to appear at a public hearing in support of a particular application must file their interventions separately, rather than as part of a joint supporting submission of the applicant, in accordance with the procedure set out in the Notice of Consultation. Further, interveners may continue to file their interventions in support of an application separately from the single supporting submission process set out above. However, such interventions should not also be included as part of a joint supporting submission process.

Change to intervention filing deadlines

9. The Commission's usual practice is to set the period for filing interventions at 35 days from the date that a broadcasting application is announced by a Notice of Consultation - Notice of Hearing. The Commission is of the view that the number of days provided for filing of interventions should be reduced.

10. A shortening of the intervention period will increase the number of days from the close of the intervention period to the date of the hearing thereby providing additional time to prepare for the hearing. Accordingly, effective immediately, the Commission will generally provide interested persons with 30 days to file interventions on broadcasting applications processed by a Notice of Consultation - Notice of Hearing. The filing deadlines for interventions for all other proceedings, including those that deal with policy related matters, will remain the same.

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.

Appendix to Broadcasting Information Bulletin CRTC 2010-28

Covering letter template for joint supporting interventions

In Changes to certain practices for filing interventions, Broadcasting Information Bulletin CRTC 2010-28, 20 January 2010, the Commission announced that it will permit applicants to organize and file in a single submission supporting interventions to broadcasting applications announced in Notices of Consultation. In accordance with the procedure set out in that Information Bulletin, a template for the covering letter to be filed by an applicant is provided below.

List of supporting interventions

The following list of persons have provided interventions in support of application 20xx-xxxx-x (application number) by ____________________ (name of applicant), announced in Broadcasting Notice of Consultation CRTC 20xx-xx. This is to confirm that:

  1. the persons named on this list have requested that this applicant submit the attached interventions on their behalf;
  2. each person named on this list has been informed by this applicant that their name will be posted on the Commission's website as part of the public record of this proceeding and that all information provided by this person becomes part of a publicly accessible file, including personal information such as full name, e-mail address, postal/street address, telephone and facsimile number(s) and any other personal information provided; and
  3. no person named on this list requested to appear at the hearing.

_____________________________ (name of representative of applicant), on behalf of _______________________ (name of applicant), _________________ (date)

  1. _____________________________________________________________
    (name of person supporting this application)
  2. _____________________________________________________________
    (name of person supporting this application)
  3. _____________________________________________________________
    (name of person supporting this application)
    (continue list as necessary)
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