Broadcasting Procedural Letter addressed to Preet Pannu (8159203 Canada Limited)

Ottawa, 13 August 2019

VIA EMAIL: preet@kpalawyers.ca

Preet Pannu, Lawyer for:
8159203 Canada Limited
5500 Rose Cherry Place
Mississauga, ON
L4Z 4B6

Subject: Application 2019-0571-2 – CKNT Mississauga, ON - Request to increase third-language ethnic programming

Dear Ms. Pannu,

This is in reference to the above-noted application by 8159203 Canada Limited for an amendment to the broadcasting licence of CKNT Mississauga, in order to increase the maximum third-language ethnic programming level to 22% in each broadcast week.

In order to assess this application, please address the following:

English and third-language ethnic programming

Please note that, for the Commission’s purposes, ethnic programming means programming provided in any language, that is specifically directed to any culturally or racially distinct group other than one that is Aboriginal Canadian or from France or the British Isles.  Ethnic programming may be in English, French, a third-language or a combination of languages.  Third-language programming means ethnic programming in languages other than French, English or those of Aboriginal Canadians.

  1. Please provide a schedule when the periods of English-language ethnic programming and third language ethnic programming will be broadcast during the broadcast week on CKNT.
  2. Please identify what percentage of the broadcast week schedule is currently devoted to third-language ethnic programming.
  3. In light of your request to devote more than 15% (i.e.: 22%) of the broadcast week to third-language ethnic programming, please indicate the language(s) in which the proposed third-language ethnic programming would be provided and the ethnic groups to which this programming would be devoted.
Note that a "broadcast week" refers to the total number of hours devoted to broadcasting during the 126-hour period extending from 6:00 a.m. to midnight, for seven consecutive days beginning on Sunday.  Percentages should be based on the total number of hours of programming broadcast by the station in a broadcast week (i.e., the total number of hours of programming by the station in a broadcast week may be less than or equal to 126 hours).
In determining the languages of ethnic programming, DO NOT consider music, advertising, station contests and community and emergency messages during a particular ethnic program.  However, in calculating the actual duration of each program, those elements must be counted.
  1. Please clarify whether the licensee is requesting the addition of a condition of licence to dedicate 22% of its programming in a broadcast week to third-language ethnic programming (as defined above). Please provide your proposed wording for this condition of licence. Please note that this wording must indicate whether the programming is ethnic programming, English language ethnic programming, or third language ethnic programming.

Serving respondents

  1. Section 22 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that an applicant must serve its application on a respondent defined as a person who is “adverse in interest.” The guidelines on the Rules of procedure include a chart of persons generally considered to be respondents (paragraph 61). The list is not exhaustive since parties that can be considered respondents depend on the specific facts of the application.
    Commission staff notes that you have indicated in section 5 of the application that no respondents have been served. However, as your proposed amendment request could have an impact on ethnic radio stations in Mississauga, Commission staff is of the view that CJMR Mississauga, licensed to Trafalgar Broadcasting Limited, and CINA Mississauga, licensed to 1760791 Ontario Inc. could be considered “adverse in interest.”
    In light of the above facts related to the application, you are required to serve the application on CJMR and CINA, and any other respondents the applicant identifies, by 27 August 2019. Note that a document is not served until it is received by the intended recipient. Therefore, if you are serving a person by mail, you must send it in time for it to be received on or before 27 August 2019. For greater clarity, you are required to provide them with the complete application materials, which includes your responses to this letter and the letter filed for the licensee on 1 August 2019.
    Furthermore, as per section 5 of the application form, “Respondents”, please complete the chart below (adding as many lines as necessary) with the required information as stated in the Rules of Practice and Procedure and provide it to the Commission.
*Respondent   *Mail or E-mail Address      *Date Served
1.    
2.    

Commission staff views it as necessary to obtain the above information from the applicant in order to provide for a complete record and to make a determination with respect to the proposed licence amendment.

The information requested herein should be submitted to the Commission by no later than 27 August 2019, failing which, the application may be returned to be completed and resubmitted with the Commission should 8159203 Canada Limited wish to pursue this application.

Considering the above request, the timetable for the proceeding is changed as follows:

The Commission requires the response or other documents to 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 Cover Page” located on this web page.   Also on this web page you will find information on the submission of applications to the Commission “Filing Broadcasting and Canadian Program Certification documents with the CRTC: Privacy and Security”.

A copy of this letter and all related correspondence will be added to the public record of the proceeding.

Should you need further information concerning this application, please do not hesitate to contact me by telephone at 819-639-3173, by fax at 819-994-0218 or by e-mail at angie.blakeney@crtc.gc.ca.

Sincerely,

Angie Blakeney
Analyst, Radio Policy & Applications

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