Broadcasting Notice of Consultation CRTC 2019-341
Ottawa, 30 September 2019
Public record: 1011-NOC2019-0341
Notice of hearing
3 December 2019
Deadline for submission of interventions/comments/answers: 30 October 2019
[Submit an intervention/comment/answer or view related documents]
The Commission will hold a hearing on 3 December 2019 at 11:00 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider the following application, subject to interventions, without the appearance of the parties:
Applicant/Licensee and Locality
1. Stingray Group Inc., on behalf of Stingray Radio Inc.
Application by Stingray Group Inc. (Stingray), on behalf of Stingray Radio Inc. (Stingray Radio), for authority to acquire from R.B. Communications Ltd. (R.B.) the assets of the English-language commercial radio programming undertakings CIXL-FM Welland and CKYY-FM Welland.
Stingray 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.
Stingray is a widely held Canadian public company effectively controlled by Eric Boyko, pursuant to the Nomination Rights Agreement and the Voting Trust Agreement.
Stingray Radio is a wholly-owned subsidiary of Stingray.
R.B. is a corporation owned by Katlynx Communications Corporation and effectively controlled by David Holgate.
Pursuant to the asset purchase and sale agreement, Stingray Radio would purchase the assets of the undertakings for $6,500,000. The applicant proposed a value of the transaction of $6,868,940 and a tangible benefits package of $412,136, which is equal to 6% of the value of the transaction.
Following the closing of the transaction, Stingray Radio would become the licensee of CIXL-FM Welland and CKYY-FM Welland.
730 Wellington Street
Email to request electronic version of application: email@example.com
Deadline for interventions, comments or answers
30 October 2019
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
by mail to
CRTC, Ottawa, Ontario K1A 0N2
by fax at
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 the 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.
Although the public hearing will be held in Gatineau, Quebec, the Commission will consider providing videoconference or teleconference links should it receive requests to do so.
Persons requiring communications support, such as assistance listening devices and sign language interpretation, are requested to inform the Commission at least 20 days before the commencement of the public hearing so that the necessary arrangements can be made.
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 or 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
An electronic version of the application is available on the Commission’s website at www.crtc.gc.ca by selecting the application number within this notice. It is also available from the applicant, either on its website or upon request by contacting the applicant at its email address, 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 “Consultations and hearings – Have your say!” section, then selecting “our applications and processes that are open for comment.” 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
1 Promenade du Portage
Toll-free telephone: 1-877-249-2782
Toll-free TTY: 1-877-909-2782
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