Broadcasting Notice of Consultation CRTC 2018-388

PDF version

Ottawa, 4 October 2018

Public record: 1011-NOC2018-0388

Notice of hearing

6 December 2018
Gatineau, Quebec

Deadline for submission of interventions/comments/answers: 5 November 2018

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

The Commission will hold a hearing on 6 December 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. Bell Media Inc., on its behalf and on behalf of 8384819 Canada Inc.
    Across Canada
    Applications 2018-0483-1, 2018-0672-0, 2018-0673-8, 2018-0674-6, 2018-0675-4 and 2018-0676-2
  2. Bell Media Inc., on behalf of a corporation to be incorporated
    Across Canada
    Application 2018-0484-9
  3. Paqtnkek Radio Society
    Afton Station, Nova Scotia
    Application 2018-0342-9
  4. Five Amigos Broadcasting Inc.
    Listowel, Ontario
    Application 2018-0020-2
  5. Carlsbad Springs Community Association Inc.
    Carlsbad Springs and Vars, Ontario
    Application 2018-0096-2

1. Bell Media Inc., on its behalf and on behalf of 8384819 Canada Inc.
Across Canada
Applications 2018-0483-1, 2018-0672-0, 2018-0673-8, 2018-0674-6, 2018-0675-4 and 2018-0676-2

Applications by Bell Media Inc., on its behalf and on behalf of 8384819 Canada Inc., for authority to effect an intracorporate reorganisation that would change the ownership of the radio stations that they operate as partners in general partnerships carrying on business as Bell Media Windsor Radio Partnership, Bell Media Ontario Regional Radio Partnership, Bell Media Ottawa Radio Partnership, Bell Media Toronto Radio 2013 Partnership, Bell Media Canada Radio 2013 Partnership and Bell Media British Columbia Radio Partnership.

The reorganisation would be effected by the acquisition of the assets of the current partnerships by a general partnership to be formed by the same partners.

The reorganisation would not change the effective control of the services, which BCE Inc. would continue to exercise.

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

The applicant agrees that the new licensees would assume responsibility for any regulatory non-compliance of each station being acquired that may have occurred prior to the issuance of the new licences.

Applicant’s address:

299 Queen Street West
Toronto, Ontario
M5V 2Z5
Fax: 613-560-0472
Email: bell.regulatory@bell.ca
Website to view application: https://www.bellmedia.ca/regulatory-affairs/
Email to request electronic version of application: bell.regulatory@bell.ca

2. Bell Media Inc., on behalf of a corporation to be incorporated
Across Canada
Application 2018-0484-9

Application by Bell Media Inc., on behalf of a corporation to be incorporated (OBCI), for authority to effect an intracorporate reorganisation that would change the ownership of the radio and television stations operated by Bell Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership carrying on business as Bell Media Radio G.P. (GP).

The transaction would be effected through the acquisition by OBCI of the regulated assets operated by GP. After the acquisition, OBCI would amalgamate with Bell Media Inc. This amalgamation would include the partners in GP as well as Learning and Skills Television of Alberta Limited.

The reorganisation would not change the effective control of the services, which BCE Inc. would continue to exercise.

The applicant is also requesting new broadcasting licences to continue the operation of the stations under the same terms and conditions as those in effect under the current licences. The reorganization would not affect the composition of the designated Bell group of television services as set out in Bell Media Inc. – Licence renewals for English-language television stations and services, Broadcasting Decision CRTC 2017-149, 15 May 2017.

The applicant agrees that the new licensees would assume responsibility for any regulatory non-compliance of each station being acquired that may have occurred prior to the issuance of the new licences.

Applicant’s address:

299 Queen Street West
Toronto, Ontario
M5V 2Z5
Fax: 613-560-0472
Email: bell.regulatory@bell.ca
Website to view application: https://www.bellmedia.ca/regulatory-affairs/
Email to request electronic version of application: bell.regulatory@bell.ca

3. Paqtnkek Radio Society
Afton Station, Nova Scotia
Application 2018-0342-9

Application by Paqtnkek Radio Society for a broadcasting licence to operate a low-power, English-language Type B Native FM radio station in Afton Station.

The station would operate at 104.5 MHz (channel 283LP) with an effective radiated power of 50 watts (non-directional antenna with an effective height of antenna above average terrain of 6.5 metres).

The applicant proposes to broadcast 126 hours of local programming per broadcast week, including at least 5 hours of programming in the Mi’kmaq language.

The Commission may withdraw this application from the public 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:

7 Dillon Street
Afton Station, Nova Scotia
B0H 1A0
Email: richard.perry@paqtnkek.ca
Email to request electronic version of application: paqtnkekns@gmail.com

4. Five Amigos Broadcasting Inc.
Listowel, Ontario
Application 2018-0020-2

Application by Five Amigos Broadcasting Inc. for a broadcasting licence to operate an English-language commercial FM radio station in Listowel.

The station would operate at 100.1 MHz (channel 261B1) with an average effective radiated power (ERP) of 4,900 watts (maximum ERP of 8,000 watts with an effective height of antenna above average terrain of 83 metres).

The applicant proposes to offer an Adult Contemporary music format.

The Commission may withdraw this application from the public 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:

520 James Street
Wallaceburg, Ontario
N8A 2N9
Email: greg@ckxsfm.com
Email to request electronic version of application: greg@ckxsfm.com

5. Carlsbad Springs Community Association Inc.
Carlsbad Springs and Vars, Ontario
Application 2018-0096-2

Application by Carlsbad Springs Community Association Inc. for a broadcasting licence to operate a low-power, English- and French-language community FM radio station in Carlsbad Springs and a low-power rebroadcasting transmitter in Vars.

The radio station would operate at 107.7 MHz (channel 299LP) with an effective radiated power (ERP) of 14.8 watts (non-directional antenna with an effective height of antenna above average terrain (EHAAT) of 23 metres).

The rebroadcasting transmitter would operate at 107.9 MHz (channel 300LP) with an  ERP of 1.3 watts (non-directional antenna with an EHAAT of 10 metres).

The applicant proposes to broadcast at least 103 hours of local programming per broadcast week.

The Commission notes that the station launched in April 2017 and is currently operating as the exempt tourist radio station CJRO-FM Carlsbad Springs, using the same frequency and technical parameters as those proposed for the new station. The applicant has indicated that it will cease operating the station as a tourist information radio service upon the launch of the new community radio service.

This application was first scheduled to be considered at a hearing held on 12 July 2018 (Notice of hearing, Broadcasting Notice of Consultation CRTC 2018-154, 8 May 2018), 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 12 July 2018 hearing, as well as interventions and replies received in the context of the present proceeding.

The Commission may withdraw this application from the public 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:

5556 Piperville Road
Carlsbad Springs, Ontario
K0A 1K0
Email: dlabreche@rogers.com
Website to view application: www.carlsbadsprings.ca
Email to request electronic version of application: dlabreche@rogers.com

Procedure

Deadline for interventions, comments or answers

5 November 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 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, fax, 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 fax 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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