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Ottawa, 10 February 2012

Mr. Kumarkulasingam Nadarajah
President & CEO
8041393 Canada Inc.
720 Tapscott Road, Suite 101
Scarborough, Ontario
M1X 1C6

Sent by Fax: 416 267-7707

Re: 2011-1636-9 Toronto, Ontario

Dear Mr. Nadarajah:

In Broadcasting Notice of Consultation CRTC 2011-625, Call for applications – Radio stations to serve Toronto, 28 September 2011 (the Call), the Commission announced a call for applications from parties wishing to obtain a radio licence to serve Toronto, Ontario. It was noted that persons interested in responding to this call must submit a duly completed application to the Commission.

In paragraph 20 of the Call, under the heading Essential information, the Commission specified what information each applicant must provide and stated:

“To assist it in the assessment of applications, the Commission requires each applicant to provide all the information requested in the appendices to this document for the type of service that it proposes to operate. An applicant must clearly demonstrate that its application includes the required information and submit the appropriate completed application. Requests for information by Commission staff will seek to clarify specific facts or to resolve minor discrepancies in the applicants’ proposals.”

Furthermore, in paragraph 21, the Commission noted that it “will return any application that fails to provide the required information and that application will not be considered as part of this process.”

It is noted that you submitted an application to operate an ethnic commercial specialty FM radio programming undertaking to serve Toronto. As such, you were required to provide the information requested in Appendix 1 of the Call, in addition to a duly completed application form.

The panel of the Commissioners presiding over the Toronto hearing (the Panel) notes that you have failed to provide complete ownership information for the following section of your application:

The Panel considers that this information is essential in determining the proposed governance of the undertaking.

Furthermore, the Panel notes that spoken word content such as news, weather, sports coverage, and programming of particular interest to the local community was not adequately addressed in the application as required by subsection 8.3b i) of the application form and Appendix 1 of the Call. The Panel notes that the applicant provided very limited details on these critical spoken word elements. Consequently, the Panel is not able to evaluate how the service would contribute to the diversity of programming in the market or assess how the service would meet the particular needs and interest of its listeners.

The Panel also notes that the following sections of your application were not provided:

The information required under subsection 6.1 allows the Commission to assess the level of market share an applicant plans to achieve as well as the impact the proposed station would have on incumbent stations in a given market.

With respect to the statement of net worth, the Panel considers that this information is essential as it attests to the availability of financing for the proposed undertaking.

In light of the above, the Panel has determined that your application is substantially incomplete in that key elements required to assess the application were not provided. Consequently, your application will not be retained or considered as part of the Toronto competitive application process.

Please note that this application is now considered closed and that the Commission has disposed of all related documents.

Should you require further information concerning your application, please do not hesitate to contact Lyne Cape, Manager, Radio Policy and Applications, by telephone at 819-997-9383 or by e-mail at


Original signed by

John Traversy,
Secretary General

c.c. Michel Mathieu –

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