ARCHIVED - Broadcasting Procedural Letter Addressed to Ian Lurie (8384860 Canada Inc.) and Katherine Hensel (Hensel Barristers Professional corporation)
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By E-mail: ilurie@ncc.ca and katherine@henselbarristers.com ;
Ottawa, 27 August 2015
Ian Lurie
Chief Operating Officer
8384860 Canada Inc.
745 windmill Road
Dartmouth, NS b3B 1C2
Katherine Hensel, Counsel for Aboriginal Voices Radio
Hensel Barristers Professional corporation
300-160 John Street
Toronto, ON M5V 2E5
office: 416.966.0404
fax: 416.966.2999
Procedural Letter: Part 1 application 2015-0688-3 – request to amend the condition of licence of CHLG-FM Vancouver, British Columbia
Dear Mr. Lurie and Ms. Hensel,
This is in reference to the above mentioned application to modify the condition of licence of CHLG-FM Vancouver following the issuance of the Broadcasting Decision 2015-282 (the Decision) in which the Commission revoked the broadcasting licences for the Type B Native radio stations CKAV-FM Toronto, CKAV-FM-2 Vancouver, CKAV-FM-3 Calgary, CKAV-FM-4 Edmonton and CKAV-FM-9 Ottawa held by Aboriginal Voices Radio Inc. (AVR), effective 25 July 2015.
In the application, 8384860 Canada Inc. (Newcap) requested an amendment to its condition of licence to redirect the remaining annual over and above Canadian Content Development contribution from AVR to eligible initiatives in Vancouver. The application was posted for comment on the Commission’s website from 3 July to 3 August 2015. The Commission did not receive any interventions in connection with this application.
On 21 August 2015, the Federal Court of Appeal (the Court) granted AVR leave to appeal the Decision and issued a stay of the Decision. The Court also ordered that “the licences granted to AVR in CRTC Broadcasting Decision 2012-653 shall remain in effect, subject to strict compliance to all the requirements and conditions outlined therein, until the final determination of this appeal.”
In light of the Court’s decision, AVR counsel submitted a procedural request dated 25 August 2015 to the Commission seeking that Newcap’s 2014-2015 CCD contribution be paid to AVR by 31 August 2015 or, in the alternative, that AVR be awarded an extension of time to comment on the application.
Commissions staff considers that, in light of the Court’s determinations and AVR’s procedural request, additional process is required to permit the parties to comment and provide a record with evidence and argument that would permit the Commission to dispose of the application. In order to develop such a record in as efficient a manner as possible, Commission staff announces the following procedural steps:
- Newcap may file a response to AVR’s procedural request, as well as any supplemental evidence, argument or relief with respect to its application to amend its condition of licence no later than 1 September 2015
- AVR may file a comments on Newcap’s submission no later than
8 September 2015 - Newcap may file a reply by no later than 11 September 2015
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.”
All documents must also be served on the other party, and a copy sent to Joe Aguiar at joe.aguiar@crtc.gc.ca .
A copy of this letter and all subsequent correspondence will be added to the public file of the above mentioned application.
Commission staff notes that Newcap filed its application on 3 July 2015, within a reasonable timeframe for the Commission to make a determination on an expedited basis before 31 August 2015, the date on which CCD funds for the 2014/2015 broadcast year are required to be paid pursuant to Newcap’s condition of licence. However, due to the need for additional comment, it is now the case that the record for this application will not be closed until after this date.
Commission staff notes AVR’s submissions that withholding the funds would cause serious damage to AVR. However, Commission staff considers that requiring payment of these funds during the consideration of the application and AVR’s procedural request would effectively render the matters that are the subject of the file moot. Therefore, given the unique circumstances of this case, Commissions staff considers that Newcap would have a strong argument that it should not be found in non-compliance with its condition of licence for failure to pay the funds until the Commission has rendered a decision on its application. Commission staff will take every reasonable effort to ensure that the application is considered as quickly as possible.
Yours truly,
Scott Hutton
Executive Director of Broadcasting
Cc Jamie Hill, Président of AVR, avrjamie@gmail.com
Sarah Clarke, Hensel Barristers, sarah@henselbarristers.com
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