ARCHIVED - Broadcasting Notice of Consultation CRTC 2015-562

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Reference: 2015-561

Ottawa, 18 December 2015

Call for applications – Radio stations to serve Edmonton, Alberta

Introduction

  1. In Broadcasting Notice of Consultation 2015-135, the Commission announced that it had received applications by VMS Media Group Ltd., Neeti P. Ray, on behalf of a corporation to be incorporated, Antoine Karam, on behalf of a corporation to be incorporated and South Fraser Broadcasting Inc. for broadcasting licences to operate commercial ethnic radio stations to serve Edmonton, Alberta. In Broadcasting Decision 2015-561, also issued today, the Commission found that the Edmonton radio market could sustain, under certain circumstances, an additional radio station at this time. In the Commission’s preliminary view, the market would best be served by proposals targeting ethnic communities. The Commission hereby calls for applications from other parties wishing to obtain radio licences to serve this area. The public record leading to Broadcasting Decision 2015-561 will be considered as part of this proceeding.
  2. Persons interested in responding to this call must submit a duly completed application to the Commission no later than 6 April 2016 using the appropriate application form for a licence to operate a new radio station. Applicants are also required to submit all necessary technical documentation to the Department of Industry (the Department) by the same date.
  3. Given the interest expressed to serve the Edmonton radio market and the market’s capacity to sustain the addition of a radio station, as described in Broadcasting Decision 2015-561, the Commission’s preliminary view is that the Edmonton market would best be served by proposals targeting ethnic communities. However, it does not preclude any other type of application.

Factors for evaluation of applications

  1. In assessing applications for new commercial radio services in a market, the Commission will consider the following factors, which were first set out in Decision 99-480.

Quality of the application

  1. In its analysis, the Commission will evaluate the applicant’s programming proposal and commitments in a number of areas. These will include the manner in which the applicant will reflect the local community, including the community’s diversity and distinct nature. Accordingly, the Commission will consider commitments related to local programming and the benefits that such programming will bring to the community.
  2. The Commission will also consider commitments regarding the percentage of Canadian content of musical selections, contributions to Canadian content development (CCD) and, where applicable, the percentage of French-language vocal music.
  3. The Commission does not regulate the format of AM or FM stations that base their programming on popular music. The Commission will, however, assess the applicant’s business plan in light of the proposed format since the two are interrelated. The business plan should clearly demonstrate the applicant’s ability to fulfill its proposed programming plans and commitments. Further, the Commission will examine the programming proposals submitted by the applicants to determine which overall proposal best suits the market.

Diversity of news voices in the market

  1. The Commission seeks to strike a balance between its concerns for preserving a diversity of news voices in a market and the benefits of permitting increased consolidation of ownership within the radio industry.
  2. The Commission will therefore assess how approval of the application would add to or serve to maintain the diversity of voices available in the market, and how approval of the application would increase the diversity of programming available to listeners.

Market impact

  1. The possibility that licensing too many stations in a market could lead to a reduction in the quality of service to the local community remains of concern to the Commission. The economic condition of the market and the likely financial impact of the proposed station on existing stations in the market will therefore be relevant.
  2. The Commission will therefore evaluate how the proposed station’s programming, general and core target audience, and projected audience share overlaps stations already present in the market. While the Commission may also consider the profitability of existing station groups in the market in its assessment of the proposed station on existing ones, the profitability of existing stations will be only one factor in its evaluation.

Competitive state of the market

  1. In markets with fewer than eight commercial stations operating in a given language, the Commission’s common ownership policy permits a person to own a maximum of three stations, with a maximum of two in any one frequency band. In markets with eight commercial stations or more, a person may own a maximum of two FM and two AM stations in any given language. The concentration of ownership resulting from this policy may increase the possibility of competitive imbalance in a radio market.
  2. The Commission will therefore consider factors such as the number of radio stations that an applicant already owns in the market, the profitability of its station(s) and the concentration of ownership in that market in making its licensing decision.

Importance of factors

  1. The relative importance of each of the factors set out above will vary in each case, depending on the specific circumstances of the market.

Financial summary for the Edmonton market

  1. For the convenience of interested parties, the financial summary for the Edmonton radio market can be found at http://www.crtc.gc.ca/eng/publications/reports/BrAnalysis/radio2014/radio39.htm. The financial summary for the Edmonton ethnic radio market cannot be made available for confidentiality reasons as there is only one ethnic radio station serving that market.

Technical approval from the Department of Industry

  1. The Commission intends to consider the applications at a public hearing. However, the Commission advises applicants that it will withdraw any application from the public hearing if it is not advised by the Department, at least twenty days prior to the first day of the hearing, that the application is technically acceptable. The Commission must also be advised by the Department, at least twenty days prior to the first day of the hearing, that any alternative frequencies proposed by the applicant are technically acceptable. Otherwise those frequencies shall not be considered as part of the proceeding.

Eligibility of applicant

  1. The Commission also reminds applicants that they must comply with the eligibility requirements set out in the Direction to the CRTC (Ineligibility of Non-Canadians), and the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences).

Update of applications

  1. VMS Media Group Ltd., Neeti P. Ray, on behalf of a corporation to be incorporated, Antoine Karam, on behalf of a corporation to be incorporated and South Fraser Broadcasting Inc. will be given the opportunity to update their applications and to provide the essential information set out below within the same period provided for the submission of applications by other parties.

Essential information that applicants must provide

  1. To assist it in the assessment of applications, the Commission requires eachapplicant 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.
  2. The Commission will return any application that fails to provide the required information and that application will not be considered as part of this process.
  3. At a later date, the Commission will announce the public process for considering applications and how the applications may be examined by the public. As part of that process, the public will be given the opportunity to comment on any application by submitting written interventions to the Commission.
  4. Notice of eachapplication will also be published in newspapers of general circulation within the area to be served.
  5. Applications filed in response to this call must be submitted in electronic form by using the secured service “My CRTC Account” (Partner Log In or GCKey) and by filling in the “Broadcasting Online Form and Cover Page” located on this web page. On this web page, applicants will also find information on submitting applications to the Commission: “Submitting applications and other documents using My CRTC Account.” Applicants who are unable to file their applications using Partner Log In or GCKey should contact the Commission’s single point of contact for small undertakings at 1-866-781-1911.
  6. The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) set out, among other things, the rules for filing, content, format of applications, as well as the procedure for filing confidential information and requesting its disclosure. Accordingly, the procedure set out in the Notice of Consultation announcing the public hearing 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.”

Secretary General

Related documents

Appendix 1 to Broadcasting Notice of Consultation CRTC 2015-562

Requirements for new commercial radio licences

Applicants should provide the information set out below so that the Commission may evaluate their applications in light of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.

Programming information

Musical content
Contributions to Canadian content development:
Local programming

In addition, applicants for new ethnic commercial radio licences should provide the following information so that the application can be evaluated according to the Ethnic Broadcasting Policy, Public Notice CRTC 1999-117, 16 July 1999:

Commitments as conditions of licence

Applicants are required to provide their views on the possibility of the Commission imposing any or all of the above commitments as conditions of their licence.

Technical information

Applicants are required to provide the following information:

Financial information

Applicants must provide an overall business plan that includes the following information:

Ownership information

Appendix 2A to the application form

All of the information requested below must be provided:

Important: In addition to the information requested in Table 2.2 (Shareholding) of Appendix 2A to the application form, the following information must be filed in the event of the situation below:

Important: In addition to the information requested in Table 2.2 of Appendix 2A to the application form, the following information must be filed in the event of the situation below:

Appendix 2B to the application form

The applicant must provide a statement regarding who controls/will control the licensee and by what means. If the control is to be held by a shareholder corporation, a statement regarding who controls/will control the shareholder corporation and by what means must be provided.

Appendix 2C to the application form

The applicant must provide a copy of the constituting documents (certificate and articles of incorporation or amendment, amalgamation documents, by-laws, partnership agreements, etc.) that are not already on file with the Commission, for:

Appendix 2 to Broadcasting Notice of Consultation CRTC 2015-562

Requirements for new community or campus radio licences

Applicants should provide the information set out below so that the Commission may evaluate the application in light of the Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010.

Community support

Programming information

Musical content

Local programming

In addition, applicants for new community stations that intend to devote at least 60% of their programming to ethnic programming and at least 50% of their programming to third-language programming should provide the information set out below so that the Commission can evaluate the application according to the Ethnic Broadcasting Policy, Public Notice CRTC 1999-117, 16 July 1999.

Commitments as conditions of licence
Applicants are also required to provide their views on the possibility of the Commission imposing any or all of the above commitments as conditions of their licence.

Technical information

Applicants are required to provide the following information:

Financial information

Applicants must provide:

Ownership information

Directors and officers, and corporate documents

If the corporation is not yet incorporated, a list of proposed directors and officers, as well as draft documents, must be provided.

Appendix 3 to Broadcasting Notice of Consultation CRTC 2015-562

Application for a technical amendment

Applicants wishing to file a technical amendment application as part of this call for applications must complete application form 303. All of the information required in form 303 must be included.

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