ARCHIVED - Broadcasting Procedural Letter addressed to Peter Miller (105,9 FM Ltd.)

Ottawa, 30 September 2015

Peter Miller
105.9 FM Ltd.
2370 Midland Ave., Suite B17
Toronto, ON
M1S 5C6

By Email: peter@petermiller.ca
cc. siva@svmedia.ca

Re: Broadcasting Application 2014-1332-7 (CJVF-FM Scarborough)

Dear Mr. Miller,

This letter is in reference to a procedural request dated 21 August 2015 made by Mr. B. Sathiyanathan on behalf of 105.9 FM Ltd. (the applicant) in the context of its application to change the frequency and authorized contours of the low-power, ethnic radio programming undertaking CJVF-FM Scarborough.

In the procedural request, the applicant provided amended technical parameters to its original application and requested that the revised application be considered without further public comment. The applicant submitted that no party to the proceeding would be prejudiced if its request was granted. In the alternative the applicant requested that interested persons be given a seven day period to comment on the revised application, with the applicant given a three day reply period.

Commission staff notes that the submitted revisions include changes to the transmission site, the effective height of antenna above average terrain (EHAAT) and the effective radiated power (ERP) proposed in the application. The procedural request states that these revisions are necessary due to objections raised by CIUX-FM regarding the original parameters in the application.

Commission staff has placed the revised documents in the procedural request onto the public record for application 2014-1332-7.  In order to pursue the analysis of the application in light of these revisions, please address the following.

Proof of Transmission Site Availability

With respect to the new transmission site proposed in the 21 August 2015 procedural request, please provide documents demonstrating the availability of this new site as per Appendix C of the application form.

Confirmation of Information Provided in the Application Form

Commission staff notes that the proposed population to be served, as detailed in the revised technical brief, has changed from the figures initially provided in the application form. Please confirm whether the change in transmitter site impacts the establishment costs (section 5), financial analysis and considerations, including financial projections (section 6), or marketing, including details concerning the target audience (section 7) for the station, or any other information previously submitted, and provide updated information if necessary.

Serving Procedural Request

In Broadcasting and Telecom Information Bulletin CRTC 2010-959, Guidelines on the CRTC Rules of Practice and Procedure, the Commission has set out that a procedural request should be served on all parties to the proceeding, including respondents and interveners.

Commission staff notes that the applicant served six respondents with its original application.  Furthermore, the intervention deadline for this proceeding closed on 6 February 2015 with a total of sixteen interveners submitting interventions.

In light of the above, and given the amount of time that has passed since the intervention period closed for this proceeding, 105.9 FM Ltd. is required to serve the procedural request on all parties to the application, along with a copy of this letter, on or before 7 October 2015. Note that a document is not served until it is received by the intended recipient.

Timeline Change (Intervention / Comments Deadline)

Considering the new information added to the public record, Commission staff will re-open the intervention period for this proceeding for additional comments from all parties with respect to the new information only.

As such, 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 7 October 2015, the date by which service of the procedural request must also be effected, 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 all related correspondence will be added to the public record of the proceeding for this application.

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.”

Sincerely,

John Fernandez
Analyst, Radio Policy & Applications

Date modified:

2015-09-30