ARCHIVED -  Letter

Ottawa, 15 November 2013
By E-mail: frogers@bell.net
Frank Rogers, Agent
105.9FM Ltd.
72 Dynamic Drive, Suite 10
Toronto, ON
M1V 3Z5

Dear Mr. Rogers:
Re: Part 1 application 2013-1484-8 for the temporary use of the frequency 102.7 MHz

This is in reference to 105.9FM Ltd.’s application for the temporary use of 102.7 MHz by CJVF-FM Scarborough, Ontario.

Present population estimates
In order for Commission staff to proceed with the analysis of this application, we require quantitative estimates of the population and households presently served by CJVF-FM Scarborough. Please provide this information, as requested in section 7.2 of the application form.
Serving of respondents
Section 22 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that an applicant must serve its application on a respondent defined as a person who is “adverse in interest.” Further, as set out in paragraph 59 of Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, a respondent is defined as “a person with an interest in the outcome of the proceeding.”The guidelines on the Rules of procedure also include a chart of persons generally considered to be respondents (paragraph 61). The list is not exhaustive since parties that can be considered respondents depend on the specific facts of the application.
In the application form, you have noted that the question in section 8, relating to the serving of respondents does not apply to this application. However, Commission staff is of the view that CJSA-FM Toronto, licenced to 3885275 Canada Inc. and CIWS-FM Whitchurch-Stouffville, licenced to WhiStle Community Radio, could be “adverse in interest.” Therefore, you are required to serve this application on the radio stations that could be “adverse in interest”, including CJSA-FM Toronto and CIWS-FM Whitchurch-Stouffville, by 20 November 2013.
Note that a document is not served until it is received by the intended recipient. Therefore, if you are serving a person by mail, you must send it in time for it to be delivered on or before 20 November 2013.
Furthermore, as per section 8 of the application form, Respondents, please revise the chart below with the required information as stated in the Rules of Practice and Procedure.

Request for an abbreviated process

As part of your application, 105.9FM Ltd. has also requested that the Commission conduct an abbreviated process. Specifically, that the standard 30-day intervention period be shortened due to the fact that CJVF-FM Scarborough is required to vacate the 105.9 MHz frequency upon commencement of operations on the same frequency by Bhupinder Bola (OBCI) in Markham, Ontario, which you have projected for 18 November 2013. In the event of a favourable decision by the Commission, you assert that an expedited process would reduce the amount of time that CJVF-FM would be off-air.
The Commission has reviewed the circumstances of this request and approves a shortened intervention period.
Accordingly, the timetable for the proceeding is changed as follows:

The information requested herein should be received by the Commission no later than
20 November 2013, failing which, your application may be returned to be completed and resubmitted with the Commission should you wish to pursue this proposal.
The Commission requires that you submit your documents electronically using the secured service My CRTC Account” (Partner Log In or GCKey) and fill in the “Broadcasting and Telecom Cover page” or the “Broadcasting Online Form and Cover Page” located on this web page. Also on this web page you will find information on the submission of applications to the Commission Submitting applications and other documents to the CRTC using My CRTC Account).
A copy of this letter and all related correspondence will be added to the public record of the proceeding.
Yours sincerely,
Original signed by Joe Aguiar
Manager, English Radio Policy and Applications

Date modified:

2013-11-15