ARCHIVED - Broadcasting Decision CRTC 2013-369
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Route reference: 2013-154
Ottawa, 6 August 2013
Evan Kosiner, on behalf of a corporation to be incorporated
Application 2012-1458-5, received 9 November 2012
Public hearing in the National Capital Region
27 May 2013
Popular – Specialty audio service
The Commission approves an application to operate a national, English-language specialty audio service.
1. Evan Kosiner, on behalf of a corporation to be incorporated (Evan Kosiner (OBCI)) filed an application to operate a national, English-language specialty audio service to be known as Popular. The Commission did not receive any interventions regarding this application.
2. Evan Kosiner (OBCI) will be wholly owned and directly controlled by Evan Kosiner.
3. According to the applicant, the service would target males between the ages of 18 and 34 and would broadcast popular and special interest music including Motown, classic party hits and music mixed by DJs for use in bars, restaurants and night clubs.
4. Evan Kosiner (OBCI) proposed that during daytime periods, it would draw music from prior decades where available Canadian content may be limited. It indicated that it would offset such limitations by using primarily the Top 40 charts and popular music currently being produced to promote and develop Canadian artists and musical talent.
5. The applicant submitted that its proposed service would promote and develop Canadian artistic and musical talent by providing Canadian DJs with opportunities to showcase their on-air skills to a larger market primarily in bars and restaurants and by providing music to bars and clubs, which actively receive Canadian content played on its service, in a format that most broadcast services are unable to use. It also expressed its intention to draw most of its Canadian content from new, developing and breakthrough artists.
6. The Commission is satisfied that the application conforms with all applicable terms and conditions set out in New licensing framework for specialty audio programming services, Broadcasting Public Notice CRTC 2002-53, 12 September 2002. Accordingly, the Commission approves the application by Evan Kosiner, on behalf of a corporation to be incorporated for a broadcasting licence to operate the national, English-language specialty audio service Popular. The terms and conditions of licence are set out in the appendix to this decision.
Appendix to Broadcasting Decision CRTC 2013-369
Terms, conditions of licence and encouragement for the national, English-language specialty audio service Popular
The licence will come into effect 1 September 2013 and expire 31 August 2020.
The Commission requires the applicant to file, within 12 months of the date of the incorporation, a copy of its amended and executed by-laws demonstrating that it is in compliance with the Direction to the CRTC (Ineligibility of non-Canadians) at all times.
The Commission will issue a licence once the applicant has satisfied the Commission, with supporting documentation, that all of the following requirements have been met:
- an eligible Canadian corporation has been incorporated in accordance with the application in all material respects;
- the applicant has entered into a distribution agreement with at least one licensed distributor; and
- the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 6 August 2015. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
Conditions of licence
1. The licensee shall adhere to the conditions of licence and the licensing framework for specialty audio services set out in Appendix 1 to New licensing framework for specialty audio programming services, Broadcasting Public Notice CRTC 2002-53, 12 September 2002.
2. The licensee shall provide a national, English-language specialty audio service that broadcasts popular and special interest music including Motown, classic party hits and music mixed by DJs for use by bars, restaurants and night clubs.
3. The licensee shall adhere to the Broadcast code for advertising to children and the Equitable Portrayal Code, as amended from time to time and approved by the Commission.
4. The licensee shall adhere to sections 2.2, 3, 4, 6, 7, 8, 9(2) and 11 of the Radio Regulations, 1986.
5. The licensee shall adhere to the Broadcasting Licence Fee Regulations, 1997 if its revenues derived from broadcasting activities exceed the threshold amount of $2 million.
For the purposes of these conditions of licence, broadcast day and broadcast week shall have the same meaning as that set out in the Radio Regulations, 1986.
In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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