ARCHIVED - Broadcasting Procedural Letter addressed to David Murray (Newcap Inc.)

Ottawa, 24 February 2015

David Murray
Newcap Inc.
745 Windmill Road
Dartmouth, NS
B3B 1C2

By Email: dmurray@ncc.ca

Re: Broadcasting application 2015-0103-1 (CILV-FM Ottawa)

Dear Mr. Murray,

This letter is in reference to the Part 1 application by Newcap Inc. for a technical amendment to CILV-FM Ottawa. In order to pursue the analysis of the above noted application, please address the following:

Financial Projections

1. In section 6.1 of the application form, you indicated that the proposed amendment would not result in a change to existing financial projections, however in section 7.2, you state that the proposed amendment would increase the population served by 306,028 (40%) in the primary contour and by 103,848 (9%) in the secondary contour.

   Please elaborate on the reasons why the requested amendment would not result in any increase in revenues given the increase in the population to be served by CILV-FM.

2. Please file 3-year financial projections:
   • under a scenario where your application is approved;
   • under a scenario where your application is denied.

Respondents

3. Pursuant to section 22(1)b) of the CRTC Rules of Procedure (“The Rules”), an application must be served on any respondent. A respondent is defined in section 1 of the Rules as “a person that is adverse in interest to an applicant”. The onus is on applicants to clearly identify and provide service of the application to all respondents.

   The guidelines on the Rules of procedure  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.

   Commission staff notes that you have indicated in your application that no respondents have been served. However, in light of the potential financial impact in the market, Commission staff is of the view that the other incumbent radio stations currently licensed to serve the Ottawa-Gatineau market could be adverse in interest.

   In light of the above facts related to the application, you are required to serve the application on the incumbent radio stations currently licensed to serve the Ottawa-Gatineau market no later than 5 March 2015. 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 5 March 2015.

   Furthermore, please revise the chart below with the required information as stated in the Rules of Practice and Procedure.

   Respondent	Mail or E-mail Address	Date Served

Timeline change

Considering the above request, the timetable for the proceeding is changed as follows:

Deadline for response

The information requested herein should be received at the Commission no later than 5 March 2015, failing which, your application may be returned to be completed and resubmitted with the Commission should you wish to pursue this proposal.

A copy of this letter and your reply should be added to your application to be made available for public examination.

We also ask that you repeat each question in your reply.

The Commission requires that your response and/or other documents be submitted electronically by using the secured service “My CRTC Account” (Partner Log In or GCKey) and filling 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.”

Should you need further information concerning your application, please do not hesitate to contact me by telephone at 819-997-4724 or by fax at 819-994-0218.

Yours truly,

André Joly
Senior Analyst
Radio Policy & Applications

Date modified:

2015-02-24