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

Ottawa, 25 August 2020

Preet Pannu, Lawyer for:
8159203 Canada Limited
5500 Rose Cherry Place
Mississauga, ON
L4Z 4B6
preet@kpalawyers.ca

BY EMAIL

Subject: Part 1 Application 2019-0571-2 - CKNT Mississauga, ON - Request to increase 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 the English-language commercial AM radio station CKNT Mississauga, in order to increase the maximum ethnic programming level in each broadcast week.

As set out in paragraph 9 of Ethnic broadcasting policy, Public Notice CRTC 1999-117, 16 July 1999 (the Ethnic Broadcasting Policy), 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.

After examining the replies to staff correspondence as well as replies to the interventions received as part of the public process for this application, it would appear that the licensee is requesting an increase in the amount of ethnic programming in the English language that can be broadcast on CKNT in each broadcast week, and not a request to increase the amount of third-language ethnic programming, as previously noted in the application form.

Staff notes that, pursuant to the Ethnic Broadcasting Policy, at paragraph 50, the Commission does not impose limits on the amount of ethnic programming in French or English that non-ethnic stations may provide, unless they are established by condition of licence.

Therefore, as a non-ethnic commercial radio station, the Ethnic Broadcasting Policy does not impose limits on the amount of ethnic programming that can be broadcast on CKNT in the English language.

The Radio Regulations, 1986 provide obligations for ethnic programming and third language programming on ethnic stations (which CKNT is not) (sections 7(1) and (2)) as well as third language programming on non-ethnic stations (which CKNT is) (section 7(3)) (emphasis added):

Additionally, the Ethnic Broadcasting Policy states, at paragraph 14 that, for radio, the Commission will continue to exclude music, advertising, station contests, and community and emergency messages when determining whether a particular program qualifies as ethnic programming.

In light of the information above:

  1. Please submit a copy of your current complete program schedule for the entire broadcast week. For each program broadcast during the broadcast week, please indicate the language in which each program is broadcast, and whether the program contains ethnic programming.
  2. Please confirm that the licensee of CKNT Mississauga is requesting an increase in the amount of ethnic programming that can be broadcast in the English language in each broadcast week.
  3. If the answer to b) is yes, please confirm your understanding that CKNT Mississauga is not required to apply for a licence amendment in order to increase the amount of ethnic programming broadcast in the English language during the broadcast week.
  4. If the answer to b) is no, please indicate the language(s) in which the ethnic programming would be broadcast in.

The information requested herein should be submitted to the Commission by no later than 4 September 2020, 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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