ARCHIVED - Broadcasting Notice of Consultation CRTC 2013-568-1

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Additional reference: 2013-568, 2013-568-2 and 2013-568-3

Ottawa, 4 December 2013

Notice of hearing

27 January 2014
Surrey, British Columbia

Addition of an application

Deadline for submission of interventions/comments/answers for item 18 only: 6 January 2014
Deadline for submission of the reply for item 18 only: 13 January 2014

[Submit an intervention/comment/answer or view related documents]

Further to Broadcasting Notice of Consultation 2013-568, the Commission announces the addition of the following item at the appearing phase of the hearing commencing on 27 January 2014 at 9:00 a.m. at the Sheraton Vancouver Guildford Hotel, 15269 104th Avenue, Surrey, British Columbia:

Preamble for item 18

The Commission intends to consider item 18 during the appearing phase of the hearing.

18. Salt Spring Island Radio Corp.
Salt Spring Island, British Columbia
Reference 2013-1415-3

Salt Spring Island Radio Corp. is the licensee of the specialty FM radio programming undertaking CFSI-FM Salt Spring Island.  The licensee is controlled by Sukhdev Singh Dhillon through his wholly owned subsidiary Satnam Media Group (BC) Ltd.

Since May 2013, the Commission has attempted on several occasions to obtain from Salt Spring Island Radio Corp. the logger tapes, music lists and program logs for CFSI-FM in order to analyze them in preparation for the station’s licence renewal. The licence for this station expires 31 August 2014.

In a letter dated 18 September 2013, the Commission informed the licensee that it was in apparent non-compliance with sections 8(5), 8(6), 9(3) and 9(4) of the Radio Regulations, 1986 (the Regulations) with respect to the filing of logger tapes and music lists, and with the requirement to provide information relating to, among other things, compliance with its regulatory obligations, at the Commission’s request. Further, in a letter dated 7 November 2013, the Commission informed the licensee that it was also in apparent non-compliance with sections 8(1) and 8(4) of the Regulations with respect to the filing of program logs.

The Commission intends to inquire into these matters at the hearing. Therefore, pursuant to section 12 of the Broadcasting Act (the Act), the Commission calls Salt Spring Island Radio Corp. to this public hearing to show cause why the Commission should not issue a mandatory order requiring the licensee to comply with sections 8(1), 8(4), 8(5), 8(6), 9(3) and 9(4) of the Regulations as well as why the Commission should not consider recourse to the suspension or revocation of its licence under sections 24 and 9, respectively of the Act.

The Commission reminds interested persons that interventions must be filed with the Commission and served on the licensee by 6 January 2014 and that any such submission must relate solely to the above-mentioned instances of non-compliance.

Additional information may be added to the public examination file as it becomes available. The Commission encourages interested persons to monitor the public examination file and the Commission’s website for additional information that they may find useful when preparing their comments.

Licensee’s address:

Salt Spring Island Radio Corp.
315 Upper Ganges Road
Suite 19A
Salt Spring Island, British Columbia
V8K 2X4
Fax: 604-648-8381
Email: cihsfm@gmail.com

Satnam Media Group (BC) Ltd.
207 – 8334 128th Street
Surrey, British Columbia
V3W 4G2
Fax: 604-648-8381
Email: cihsfm@gmail.com

Procedure

Deadline for interventions, comments or answers

6 January 2014

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277 (the Rules of Procedure), set out, among other things, the rules for content, format, filing and service of interventions and answers of respondents, the procedure for filing confidential information and requesting its disclosure, and the conduct of the public hearing. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and its accompanying documents, which can be found on the Commission’s website under “CRTC Rules of Practice and Procedure.”

An intervention or an answer from a respondent must be filed with the Commission and served on the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

In accordance with the Rules of Procedure, a document must be filed with, not merely sent to, the Commission by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. The Commission takes no responsibility for postal delays and will not notify a party whose submission is received after the deadline date. Late submissions will not be considered by the Commission and will not be made part of the public file.

For applications to be considered during the appearing phase of the hearing, the intervention or answer must include one of the following statements in either the first or the last paragraph:

1. I request to appear at the public hearing.

2. I do not want to appear at the public hearing.

The applicant, respondents and interveners are permitted to coordinate, organize and file, in a single submission, interventions of other interested persons who share their position but do not wish to appear at the hearing as a “Joint Supporting Intervention.” More information on how to do so and a template for the covering letter to be filed by the parties can be found in Changes to certain practices for filing interventions – Expansion of filing practices to include the filing of joint supporting comments for broadcasting policy proceedings, Broadcasting Information Bulletin CRTC 2010-28-1, 10 December 2010.

Interventions and answers will be considered by the Commission and will form part of the public record of the proceeding without further notification to parties, provided the procedures set out in the Rules of Procedure and this notice have been followed. Parties will be contacted only if their submissions raise procedural questions.

Submissions must be filed by sending them to the Secretary General of the Commission by only one of the following means:

by using the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents, 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 was completed. The sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed.

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 altered during electronic transmission.

Interventions and answers must 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 an application to be considered during the non-appearing phase of the hearing is brought to the oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions or answers are not sufficient and why an appearance is necessary. Parties requiring communication support must state their request on the first page of their intervention. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

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 designated confidential, 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 parties and interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Examination of documents

An electronic version of the applications is available on the Commission’s website by selecting the application number within this notice. It is also available from the applicants, either on their websites or upon request by contacting the applicants at their email addresses, provided above.

A list of all interventions and answers will also be available on the Commission’s website. The list is accessible by selecting “View all proceedings open for comment” from the “Public Proceedings” section of the Commission’s website and clicking on the “Interventions/Answers” link associated with this notice.

Documents are also available during normal office hours 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

Nova Scotia

Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

Quebec

505 De Maisonneuve Blvd. West
Suite 205
Montréal, Quebec
H3A 3C2
Tel.: 514-283-6607

Ontario

55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096

Manitoba

360 Main Street
Suite 970
Winnipeg, Manitoba
R3C 3Z3
Tel.: 204-983-6306
Fax: 204-983-6317

Saskatchewan

2220 – 12th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422

Alberta

100 – 4th Avenue South-West
Suite 403
Calgary, Alberta
T2P 3N2
Tel.: 403-292-6660
Fax: 403-292-6686

British Columbia

858 Beatty Street
Suite 290
Vancouver, British Columbia
V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General

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