Broadcasting Notice of Consultation CRTC 2018-106

PDF version

Additional reference: 2018-106-1

Ottawa, 27 March 2018

Notice of hearing

31 May 2018
Gatineau, Quebec

Deadline for submission of interventions/comments/answers: 26 April 2018

[Submit an intervention/comment/answer or view related documents]

The Commission will hold a hearing on 31 May 2018 at 11 a.m. at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. Subject to interventions, the Commission intends to consider the following applications without the appearance of the parties:

Applicant/licensee and locality

  1. 3305670 Nova Scotia Company
    Across Canada
    Application 2017-0880-2
  2. WOW! Unlimited Networks Inc.
    Across Canada
    Application 2017-1027-8
  3. Newcap Inc.
    New Glasgow, Nova Scotia
    Application 2017-1026-0
  4. LS telcom Limited, on behalf of Aujourd’hui l’Espoir
    Lachute, Quebec
    Application 2017-0749-9
  5. Kebaowek First Nation, on behalf of a corporation to be incorporated
    Kipawa, Quebec
    Application 2017-0958-6
  6. Northern Radio Corp.
    Englehart, Ontario
    Application 2017-1077-3
  7. 5777152 Manitoba Ltd.
    Esterhazy, Saskatchewan
    Application 2017-1025-2
  8. Golden West Broadcasting Ltd.
    Cochrane, Alberta
    Applications 2017-0549-3 and 2017-0566-7
  9. Rogers Media Inc.
    Medicine Hat, Alberta
    Application 2017-1183-8
  10. International Harvesters for Christ Evangelistic Association Inc.
    Saskatoon, Saskatchewan
    Application 2017-0918-0
  11. International Harvesters for Christ Evangelistic Association Inc.
    Kelowna and Kamloops, British Columbia
    Application 2017-0079-0

1. 3305670 Nova Scotia Company
Across Canada
Application 2017-0880-2

Application by 3305670 Nova Scotia Company for a broadcasting licence to operate a national pay audio programming undertaking.

The applicant states that the programming would consist of at least 68 audio channels in a wide variety of music formats.

The applicant proposes to devote approximately 43% of its programming to content category 2 (Popular Music) music selections derived from a variety of genres, including pop, rock, dance and easy listening. The remainder of the programming would include oldies (7%); instrumental (11%); specialty music, including classical, world, jazz, blues and opera (36%); and programming directed to children (3%). In addition to English- and French-language channels, the service will offer a minimum of nine third-language channels.

Applicant’s address:

120 Amber Street
Markham, Ontario
L3R 3A3
Fax: 416-863-1515
Email: slavalevin@ethnicchannels.com
Website to view application: www.ethnicchannels.com

2. WOW! Unlimited Networks Inc.
Across Canada
Application 2017-1027-8

Application by WOW! Unlimited Networks Inc. (WOW) for authority to acquire from Bell Media Inc. (the vendor) the assets of the national English-language discretionary service known as Comedy Gold.

WOW is also requesting a new broadcasting licence to continue the operation of the service.

WOW states that it wishes to adhere to the standard conditions of licence for discretionary services set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016, rather than Comedy Gold’s current conditions of licence set out in Bell Media Inc. – Licence renewals for English-language television stations and services, Broadcasting Decision CRTC 2017-149, 15 May 2017.

In the first broadcast year following the acquisition and in each subsequent broadcast year, WOW would devote, by condition of licence, at least 10% of the previous year’s gross annual revenues of the undertaking to the acquisition of or investment in Canadian programming.

The vendor is wholly owned by Bell Canada, which is effectively controlled by BCE Inc.

WOW is a wholly owned subsidiary of Wow Unlimited Media Inc., which is effectively controlled by its board of directors.

Pursuant to the asset purchase and sale agreement, WOW would purchase the assets of the undertaking for $6,866,892. The applicant proposed a value of the transaction in the same amount and a tangible benefits package of $687,000, which is equal to 10% of the value of the transaction, to be paid in equal installments over a seven-year period.

Following the closing of the transaction, WOW! Unlimited Networks Inc. would become the licensee of Comedy Gold.

Applicant’s address:

200 – 2025 West Broadway Avenue
Vancouver, British Columbia
V6J 1Z6
Email: mshulman@wowunlimited.co
Email to request electronic version of application: mshulman@wowunlimited.co

3. Newcap Inc.
New Glasgow, Nova Scotia
Application 2017-1026-0

Application by Newcap Inc. (Newcap) for authority to acquire from Hector Broadcasting Limited (Hector) the assets of the English-language commercial FM radio stations CKEC-FM and CKEZ-FM New Glasgow.

Newcap is also requesting new broadcasting licences to continue the operation of the undertakings under the same terms and conditions as those in effect under the current licences.

Newcap is wholly owned by Newfoundland Capital Corporation Limited and controlled by Harold R. Steele.

Pursuant to the asset purchase and sale agreement, the applicant would purchase the assets of the undertakings for $2,700,000. The applicant proposed a value of the transaction in the amount of $3,086,292 and a tangible benefits package of $185,178, which is equal to 6% of the value of the transaction.

According to Commission records, the current licensee (Hector) appears to be in non-compliance with the following regulatory obligations:

For CKEZ-FM:

For CKEC-FM:

These instances of apparent non-compliance will be examined in the context of this application and in accordance with Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014.

Following the closing of the transaction, Newcap Inc. would become the licensee of CKEC-FM and CKEZ-FM.

Applicant’s address:

8 Basinview Drive
Dartmouth, Nova Scotia
B3B 1G4
Fax: 902-468-5661
Email: gspenrath@ncc.ca
Website to view application: www.ncc.ca
Email to request electronic version of application: ncc@ncc.ca

4. LS telcom Limited, on behalf of Aujourd’hui l’Espoir
Lachute, Quebec
Application 2017-0749-9

Application by LS telcom, on behalf of Aujourd’hui l’Espoir, for a broadcasting licence to operate a French-language specialty (Christian music) FM radio station in Lachute.

The station would operate at 101.7 MHz (channel 269A) with an effective radiated power of 300 watts (non-directional antenna with an effective height of antenna above average terrain of -26.7 metres).

The applicant proposes to broadcast 100 hours of local programing each broadcast week, of which 70 hours would be devoted to spoken word programming. All of its music would be drawn from content subcategory 35 (Non-classic religious).

The Commission may withdraw this application from the hearing if it is not advised by the Department of Industry at least 20 days prior to the hearing that the application is technically acceptable.

Applicant’s address:

6640 3rd Avenue West
Québec, Quebec
G1H 6H4
Email: eperron@espoir.ca
Email to request electronic version of application: priemann@lstelcom.com

5. Kebaowek First Nation, on behalf of a corporation to be incorporated
Kipawa, Quebec
Application 2017-0958-6

Application by Kebaowek First Nation , on behalf of a corporation to be incorporated, for a broadcasting licence to operate an English-language Native Type B FM radio station in Kipawa.

The station would operate at 104.1 MHz (channel 281A) with an effective radiated power of 6,000 watts (non-directional antenna with an effective height of antenna above average terrain of 55.5 metres).

The applicant proposes to broadcast 126 hours of local programming each broadcast week, of which 111 hours would be devoted to musical selections and 15 hours to spoken word and news programming. The applicant also proposes that 35% of its musical selections, as well as 15% of the remaining of its programming, be broadcast in the Algonquin language.

The Commission may withdraw this application from the hearing if it is not advised by the Department of Industry at least 20 days prior to the hearing that the application is technically acceptable.

Applicant’s address:

4 Ogima Street
Kipawa, Quebec
J0Z 2H0
Fax: 819-627-9428
Email: jroy@kebaowek.ca
Website to view the application: www.chunfm.ca
Email to request electronic version of application: denisk7@chunfm.ca

6. Northern Radio Corp.
Englehart, Ontario
Application 2017-1077-3

Application by Northern Radio Corp. (Northern Radio) for authority to acquire from 1353151 Ontario Inc. the assets of the English-language commercial FM radio station CJBB-FM Englehart.

Northern Radio is also requesting a new broadcasting licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

Northern Newspaper Corp. is the parent corporation of Northern Radio, which is effectively controlled by Raymond C. Stanton.

Pursuant to the asset purchase and sale agreement, Northern Radio would purchase the assets of the undertaking for $100,000. The applicant proposed a value of the transaction in the same amount and a tangible benefits package of $6,000, which is equal to 6% of the value of the transaction.

Following the closing of the transaction, Northern Radio Corp. would become the licensee of CJBB-FM.

Applicant’s address:

5405 Eglinton Avenue West
Suite 214
Etobicoke, Ontario
M9C 5K6
Fax: 416-595-1044
Email: rays@londonproperty.ca
Website to view application: www.londonproperty.ca
Email to request electronic version of application: rays@londonproperty.ca

7. 5777152 Manitoba Ltd.
Esterhazy, Saskatchewan
Application 2017-1025-2

Application by 5777152 Manitoba Ltd. for a broadcasting licence to operate an English-language commercial FM radio station in Esterhazy.

The station would operate at 99.5 MHz (channel 258LP) with an effective radiated power of 50 watts (non-directional antenna with an effective height of antenna above average terrain of 30 metres).

The applicant proposes a country, pop and rock music format.

The Commission may withdraw this application from the hearing if it is not advised by the Department of Industry at least 20 days prior to the hearing that the application is technically acceptable.

Applicant’s address:

513 Main Street
P.O. Box 168
Swan River, Manitoba
R0L 1Z0
Fax: 204-734-5897
Email: bill@83north.ca
Website to view application: www.cjradio.ca
Email to request electronic version of application: crtc@cjradio.ca

8. Golden West Broadcasting Ltd.
Cochrane, Alberta
Applications 2017-0549-3 and 2017-0566-7

Application by Golden West Broadcasting Ltd. (Golden West) for a broadcasting licence to operate an English-language commercial FM radio station in Cochrane (2017-0549-3).

The station would replace CFIT-FM-1 Cochrane, the existing rebroadcasting transmitter of the radio station CFIT-FM Airdrie. In this regard, Golden West states that its application for a new English-language commercial FM radio station in Cochrane is non-severable from its application to remove CFIT-FM-1 as a rebroadcasting transmitter of CFIT-FM (2017-0566-7).

The station would operate at 91.5 MHz (channel 218), the frequency currently used by CFIT-FM-1 but with a change to the class from A1 to B1 and with an average effective radiated power (ERP) of 4,700 watts (maximum ERP of 10,000 watts with an effective height of antenna above average terrain of 118.1 metres).

The applicant proposes a hybrid Country music format consisting of music from the 80’s, 90’s and today.

The Commission may withdraw this application from the hearing if it is not advised by the Department of Industry at least 20 days prior to the hearing that the application is technically acceptable.

Applicant’s address:

9 Centre Avenue
P.O. Box 950
Altona, Manitoba
R0G 0B0
Fax: 204-346-5323
Email: lfriesen@goldenwestradio.com, rhildebrand@goldenwestradio.com
Email to request electronic version of application: rhildebrand@goldenwestradio.com

9. Rogers Media Inc.
Medicine Hat, Alberta
Application 2017-1183-8

Application by Rogers Media Inc. (Rogers) for authority to acquire from Clear Sky Radio Inc. (Clear Sky) the assets of the English-language commercial radio station CJCY-FM Medicine Hat.

Rogers is also requesting a new broadcasting licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

Rogers is wholly owned and controlled by Rogers Communications Inc.

Clear Sky is a corporation jointly controlled by Paul Larsen and Mary McKinnon Mills.

Pursuant to the asset purchase agreement, Rogers would purchase the assets of the undertaking for $4,000,000. The applicant proposed a value of the transaction in the same amount and a tangible benefits package of $240,000, which is equal to 6% of the value of the transaction.

Following the closing of the transaction, Rogers Media Inc. would become the licensee of CJCY-FM.

Applicant’s address:

1 Mount Pleasant Road
Toronto, Ontario
M4Y 2Y5
Fax: 416-935-8203
Email: susan.wheeler@rci.rogers.com 
Email to request electronic version of application: susan.wheeler@rci.rogers.com

10. International Harvesters for Christ Evangelistic Association Inc.
Saskatoon, Saskatchewan
Application 2017-0918-0

Application by International Harvesters for Christ Evangelistic Association Inc. for a broadcasting licence to operate an English-language specialty (Christian music) FM radio station in Saskatoon.

The station would operate at 103.1 MHz (channel 276A) with an effective radiated power of 2,000 watts (non-directional antenna with an effective height of antenna above average terrain of 39.9 metres).

The applicant proposes a Christian music format.

The Commission may withdraw this application from the hearing if it is not advised by the Department of Industry at least 20 days prior to the hearing that the application is technically acceptable.

Applicant’s address:

645 Pinewood Road
Unit 4
Riverview, New Brunswick
Fax: 506-872-2234
Email: jeff@jefflutes.com
Website to view application: www.harvestersfm.com
Email to request electronic version of application: jeff@jefflutes.com

11. International Harvesters for Christ Evangelistic Association Inc.
Kelowna and Kamloops, British Columbia
Application 2017-0079-0

Application by International Harvesters for Christ Evangelistic Association Inc. for a broadcasting licence to operate an English-language specialty (Christian music) FM radio station in Kelowna with a rebroadcasting transmitter in Kamloops.

The station would operate at 88.1 MHz (channel 201C) with an effective radiated power (ERP) of 4,200 watts (non-directional antenna with an effective height of antenna above average terrain (EHAAT) of 500 metres).

The rebroadcasting transmitter would operate at 99.1 MHz (channel 256B1) with an ERP of 3,000 watts (non-directional antenna with an EHAAT of 148.6 metres).

The applicant proposes a Christian music format.

This application was first scheduled to be considered at a hearing held on 11 January 2018 (Notice of hearing, Broadcasting Notice of Consultation CRTC 2017-381, 25 October 2017), but was withdrawn to be rescheduled at a later date. The Commission will consider the interventions and the reply already accepted and filed on the public record for the 11 January 2018 hearing, as well as interventions and replies received in the context of the present proceeding.

Applicant’s address:

645 Pinewood Road
Unit 4
Riverview, New Brunswick
Fax: 506-872-2234
Email: jeff@jefflutes.com
Website to view application: www.harvestersfm.com
Email to request electronic version of application: jeff@jefflutes.com

Procedure

Deadline for interventions, comments or answers

26 April 2018

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) apply to the present proceeding. The Rules of Procedure set out, among other things, the rules for content, format, filing and service of interventions, answer, replies and requests for information; the procedure for filing confidential information and requesting its disclosure; and the conduct of public hearings. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and related documents, which can be found on the Commission’s website under “Statutes and Regulations.” Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, provides information to help interested persons and parties understand the Rules of Procedure so that they can more effectively participate in Commission proceedings.

An intervention or an answer from a respondent must be filed with the Commission and served on the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

Interventions and answers must clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

Parties are permitted to coordinate, organize, and file, in a single submission, interventions by other interested persons who share their position. Information on how to file this type of submission, known as a joint supporting intervention, as well as a template for the covering letter to be filed by the parties, can be found in Changes to certain practices for filing interventions – Expansion of filing practices to include the filing of joint supporting comments for broadcasting policy proceedings, Broadcasting Information Bulletin CRTC 2010-28-1, 10 December 2010.

The Commission encourages interested persons and parties to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Submissions longer than five pages should include a summary. Each paragraph of all submissions should be numbered, and the line ***End of document*** should follow the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

Pursuant to Filing submissions for Commission proceedings in accessible formats, Broadcasting and Telecom Information Bulletin CRTC 2015-242, 8 June 2015, the Commission expects incorporated entities and associations, and encourages all Canadians, to file submissions for Commission proceedings in accessible formats (for example, text-based file formats that allow text to be enlarged or modified, or read by screen readers). To provide assistance in this regard, the Commission has posted on its website guidelines for preparing documents in accessible formats.

Submissions must be filed by sending them to the Secretary General of the Commission using only one of the following means:

by completing the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

Parties who send documents electronically must ensure that they will be able to prove, upon Commission request, that filing, or where required, service of a particular document was completed. Accordingly, parties must keep proof of the sending and receipt of each document for 180 days after the date on which the document is filed or served. The Commission advises parties who file or serve documents by electronic means to exercise caution when using email for the service of documents, as it may be difficult to establish that service has occurred.

In accordance with the Rules of Procedure, a document must be received by the Commission and all relevant parties by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. Parties are responsible for ensuring the timely delivery of their submissions and will not be notified if their submissions are received after the deadline. Late submissions, including those due to postal delays, will not be considered by the Commission and will not be made part of the public record.

The Commission will not formally acknowledge submissions. It will, however, fully consider all submissions, which will form part of the public record of the proceeding, provided that the procedure for filing set out above has been followed.

In the event that an application to be considered during the non-appearing phase of the hearing is brought to an oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions or answers are not sufficient and why an appearance is necessary. Parties requiring communication support must state their request on the first page of their intervention. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, facsimile, email or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, email addresses, postal/street addresses, telephone and facsimile numbers, etc.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

Availability of documents

Electronic versions of the applications are available on the Commission’s website at www.crtc.gc.ca by selecting the application number within this notice. They are also available from the applicants, either on their websites or upon request by contacting the applicants at their email addresses, provided above.

Electronic versions of the interventions and answers, as well as of other documents referred to in this notice, are available on the Commission’s website at www.crtc.gc.ca by visiting the “Have your say!” section, then selecting “our open processes.” Documents can then be accessed by clicking on the links in the “Subject” and “Related Documents” columns associated with this particular notice.

Documents are also available at the following address, upon request, during normal business hours.

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Secretary General

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