Broadcasting Notice of Consultation CRTC 2021-114

PDF version

Reference: 2021-114-1

Ottawa, 22 March 2021

Public record: 1011-NOC2021-0114

Notice of hearing

27 May 2021
Gatineau, Quebec

Deadline for submission of interventions/comments/answers: 21 April 2021

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

The Commission will hold a hearing on 27 May 2021 at 11:00 a.m. at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider the following applications, subject to interventions, without the appearance of the parties:

Applicant/Licensee and Locality

1. 0971197 B.C. Ltd.
   Vancouver, British Columbia
   Application 2020-0535-5
2. 0971197 B.C. Ltd.
   Vancouver, British Columbia
   Applications 2021-0115-3 and 2021-0130-2
3. Intercity Broadcasting Network Inc.
   Toronto, Ontario
   Application 2021-0012-1
4. 2784486 Ontario Limited
   Toronto, Ontario
   Application 2020-0800-5
5. Native Evangelical Fellowship of Canada, Inc.
   Pickle Lake, Ontario
   Application 2021-0042-8
6. Radio Ntetemuk inc.
   Pessamit (Betsiamites), Quebec
   Application 2020-0738-5
7. Local Radio Lab Inc.
   Alliston, Milton and Orangeville, Ontario
   Application 2020-0880-5
8. Lakeside Radio Broadcasting Corp.
   Kincardine, Goderich and Port Elgin, Ontario
   Application 2021-0001-0
9. Muskoday Community Radio Corporation
   Muskoday, Saskatchewan
   Application 2020-0583-4
10. Abram Zacharias, on behalf of a not-for-profit corporation to be incorporated
    La Crête, Alberta
    Application 2020-0881-2

Preamble for items 1, 3 and 5

The Commission announces that it has received applications to renew the broadcasting licences for CIRH-FM Vancouver, CKFG-FM Toronto and CJTL-FM Pickle Lake expiring on 31 August 2021.

In accordance with the information contained in the renewal applications, the licensees, except for Intercity Broadcasting Network Inc., propose to continue the operation of their stations under the same terms and conditions as those in effect under the current licences, which includes the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009.

In the case of CIRH-FM, the station has been off air since May 2018. The licensee confirmed that it does not intend to operate the station in the next licence term and that it was seeking a purchaser (refer to item 2).

In the case of CKFG-FM’s renewal application, the licensee is also seeking an amendment to one of its conditions of licence.

The licensees of these three stations were found in non-compliance with one or more their regulatory requirements in the previous licence term. The licences for these stations were therefore renewed for short-term periods at the time of their last licence renewal to allow for an earlier review of their compliance with their regulatory requirements. In addition, for CJTL-FM Pickle Lake, the Commission imposed an additional requirement to broadcast an announcement regarding its non-compliance.

The Commission notes the serious and, in some cases, recurring nature of the apparent non-compliance in the current licence term. The three licensees were notified of their respective instances of apparent non-compliance and of the potential impact of that non-compliance on their current licence renewal applications. All of the licensees were given the opportunity to provide comments and respond to the Commission. This correspondence is available on the public record of each of the renewal applications set out in this notice.

The Commission intends to consider the renewal of the broadcasting licences for these stations in accordance with the approach set out in Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014 (Broadcasting Information Bulletin 2014-608). Subject to the requirements of the Broadcasting Act, the Commission will consider recourse to the following measures set out in paragraph 7 of that information bulletin, as appropriate, given the facts underlying each application:

• short-term licence renewal;
• imposing conditions of licence;
• requiring additional Canadian content development (CCD) contributions that are over and above those required by the Radio Regulations, 1986 or by existing conditions of licence;
• removing the ability to make CCD contributions to discretionary initiatives such as talent contests;
• requiring licensees to broadcast an announcement regarding their non-compliance, as set out in the appendix to Broadcasting Information Bulletin 2014-608;
• imposing mandatory orders;
• non-renewal of the licence; and
• suspension of the licence.

Specifically, as set out in Broadcasting Information Bulletin 2014-608, each instance of non-compliance will be evaluated in its context and in light of factors such as the number, recurrence and seriousness of the instance of non-compliance. The Commission will also consider the circumstances, the arguments provided by the licensees, and the measures taken to rectify the situation so that they may continue operating their undertakings in compliance with their regulatory requirements.

Preamble for items 2 and 4

The Commission will also consider the applications received for authority to change the ownership and effective control of CIRH-FM Vancouver (Item 2), and CKFG-FM Toronto (Item 4).

In the case of CIRH-FM’s ownership application the licensee is also seeking amendments to some of its conditions of licence.

Additional information may be added to the public record for each of these applications as such information becomes available. The Commission encourages interested persons 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.

1. 0971197 B.C. Ltd.
Vancouver, British Columbia
Application 2020-0535-5

Application by 0971197 B.C. Ltd. (Roundhouse) to renew the broadcasting licence for the English-language commercial specialty radio station CIRH-FM Vancouver, expiring 31 August 2021.^{Footnote 1}

The Commission notes that it also has received an application by Durham Radio Inc. (DRI), on behalf of Roundhouse, for authority to change the ownership and effective control of Roundhouse, through the transfer of all the issued and outstanding shares of Roundhouse to DRI (application 2021-0115-3). DRI, on behalf of Roundhouse, is also seeking to amend certain conditions of licence of CIRH-FM (application 2021-0130-2). Both applications are to be considered as part of this proceeding (Item 2).

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with section 9(2) of the Radio Regulations, 1986 relating to the provision of annual returns as well as with condition of licence 6 relating to over-and-above Canadian Content Development contributions set out in Appendix 2 to Licensing of new radio stations to serve Surrey and Vancouver, Broadcasting Decision CRTC 2014-412, 6 August 2014 (Broadcasting Decision 2014-412).

Following a competitive public hearing held in January 2014, the Commission, in Broadcasting Decision 2014-412, approved the application by Roundhouse for a new specialty FM radio station to serve Vancouver. The station launched in October 2015. Due to severe financial challenges, the station ceased operations and has been off air since May 2018. In CIRH-FM Vancouver – Change in ownership and effective control and licence amendments, Broadcasting Decision CRTC 2019-204, 12 June 2019, the Commission approved an application by Roundhouse for authorization to change its ownership and effective control through the transfer of all issued and outstanding shares to South Fraser Broadcasting Inc. The Commission has not been informed by the licensee that the transaction closed. As part of its renewal application, the licensee has indicated that it does not intend to operate this station in the next licence term and that it was still seeking a purchaser.

The Commission intends to consider how the renewal of the broadcasting licence of CIRH-FM would be in the public interest with the station remaining off air and how this off-air status would serve to meet the objectives set out in the Broadcasting Act (the Act) and to provide a service to Vancouver, which it has been licensed to serve.
In addition, given the instances of apparent non-compliance noted above and the station’s continued off-air status without any planned resumption of service, the Commission may consider the possibility of suspending or not renewing the licence of CIRH-FM pursuant to sections 9 and 24 of the Act.

The Commission will also consider, as part of this processing, the applications for authority to change the ownership and effective control of CIRH-FM Vancouver and to amend one of its conditions of licence (Item 2 – 2021-0115-3 and 2021-0130-2).
This application was initially published as part of a public process under Part 1 of the CRTC Rules of Practice and Procedure. The Commission did not receive any interventions as part of the Part 1 process.

Licensee’s address:
244 Poplar Point Drive
Kelowna, British Columbia
V1Y 1Y1
Email: rickjpushor@gmail.com
Email to request electronic version of application: rickjpushor@gmail.com

2. 0971197 B.C. Ltd.
Vancouver, British Columbia
Applications 2021-0115-3 and 2021-0130-2

Application by Durham Radio Inc. (DRI), on behalf of 0971197 B.C. Ltd. (Roundhouse), for authority to change the ownership and effective control of Roundhouse, through the transfer of all the issued and outstanding shares of Roundhouse to DRI (application 2021-0115-3).

DRI, on behalf of Roundhouse, is also seeking to amend certain conditions of licence of CIRH-FM (application 2021-0130-2).

The Commission will also consider, as part of this proceeding, the application received by Roundhouse, licensee of the English-language commercial specialty radio station CIRH-FM Vancouver, to renew its licence (Item 1 – 2020-0535-5).

DRI is owned by Douglas E. Kirk (82.6%), Mary L. Kirk (10.9%) and other shareholders (6.5%), and controlled by Douglas E. Kirk.

Pursuant to the purchase agreement dated 18 February 2021, the purchase price for the shares and the shareholder loans would be either $701,000 (if the applications are approved on terms and conditions acceptable to the purchaser) or $551,000 (if the applications are denied or approved on terms and/or conditions that are not acceptable to the purchaser). The purchaser has requested an exception from the requirement to pay tangible benefits. In the alternative, the applicant has proposed that the value of the transaction should not be higher than $151,000.

DRI is also seeking the Commission’s authorization to amend certain conditions of licence of CIRH-FM, as set out in Appendix 3 to Licensing of new radio stations to serve Surrey and Vancouver, Broadcasting Decision CRTC 2014-412, 6 August 2014, as follows:

• replace the station’s condition of licence 3 relating to spoken word programming:
  3. The licensee shall devote more than 50% of the programming broadcast each broadcast week to programming drawn from category 1 (Spoken Word).

with the following:

The licensee shall ensure that a minimum of 50% of all musical selections broadcast during each broadcast week shall be devoted to selections drawn from category 3 (Special Interest Music).

• amend conditions of licence 4 and 5 by lowering the level of Canadian content required for musical selections broadcast in each broadcast week from 50% to 40%, which would read as follows:
  4. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986, in any broadcast week:
     1. devote, in that broadcast week, a minimum of 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety; and
     2. devote, between 6:00 a.m. and 6:00 p.m., in the period from Monday to Friday of the same broadcast week, a minimum of 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety.
  5. The licensee shall, as an exception to the percentage of Canadian musical selections set out in section 2.2(3) of the Radio Regulations, 1986, as amended from time to time, devote, in each broadcast week, a minimum of 40% of its musical selections from content category 3 (Special Interest Music) to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

• amend condition of licence 6 involving CIRH-FM’s annual over-and-above Canadian content development (CCD) requirement over a period of seven years, which would read as follows:
  6. In addition to the required basic annual contribution to Canadian content development (CCD), set out in section 15 of the Radio Regulations, 1986, as amended from time to time, the licensee shall, upon resumption of operations, make a total contribution of $1,127,000 over seven consecutive broadcast years to the promotion and development of Canadian content to be allotted each year as follows:

  Year 1                         $161,000
  Year 2                         $161,000
  Year 3                         $161,000
  Year 4                         $161,000
  Year 5                         $161,000
  Year 6                         $161,000
  Year 7                         $161,000

  The licensee shall allocate the following amounts of its additional annual CCD contribution to FACTOR:

  Year 1                         $32,200
  Year 2                         $32,200
  Year 3                         $32,200
  Year 4                         $32,200
  Year 5                         $32,200
  Year 6                         $32,200
  Year 7                         $32,200

• add a condition of licence for a one-time over and above CCD contribution of $200,240 upon the station’s resumption of operations to address the station’s apparent CCD shortfall relating to its current condition of licence involving over-and-above CCD contributions.

The above-proposed condition of licence would maintain CIRH-FM’s current seven-year over-and-above CCD contribution total of $1,327,240.

As part of Roundhouse’s renewal application for CIRH-FM (Item 1 – 2020-0535-5), the Commission sets out the licensee’s apparent instances of non-compliance for the current licence term.

Any instances of apparent non-compliance will be examined as part of the renewal application (2020-0535-5) and in the context of these applications (2021-0115-3 and 2021-0130-2). These instances of apparent non-compliance will be examined in accordance with the Commission’s approach set out in Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014.

Roundhouse’s comments related to instances of apparent non-compliance, including its plans to pay any CCD shortfalls, form part of the record of the renewal application (2020-0535-5).

Applicant's address:

207-1200 Airport Boulevard
Oshawa, Ontario
L1J 8P5
Fax: 905-486-3760
Email: steve@kx96.fm
Email to request electronic version of application: steve@kx96.fm or jennifer@everythingpodcasts.com

3. Intercity Broadcasting Network Inc.
Toronto, Ontario
Application 2021-0012-1

Application by Intercity Broadcasting Network Inc. (Intercity) to renew the broadcasting licence for the English-language commercial specialty radio station CKFG-FM Toronto, expiring 31 August 2021.

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following sections of the Radio Regulations, 1986 (the Regulations) and the following conditions of licence set out in CKFG-FM Toronto – Licence renewal and amendment, Broadcasting Decision CRTC 2018-325, 28 August 2018 (Broadcasting Decision 2018-325), and in CKFG-FM Toronto – Licence amendments, Broadcasting Decision CRTC 2020-79, 28 February 2020 (Broadcasting Decision 2020-79):

section 9(4) of the Regulations relating to the requirement for the licensee to respond to any inquiry regarding compliance with its regulatory obligations;

• sections 15(2) and 15(5) of the Regulations relating to the requirement to make basic annual contributions to eligible Canadian content development (CCD) initiatives;
• condition of licence 3 (set out in the Appendix to Broadcasting Decision 2018-325) relating to the broadcast of musical content from subcategory 33 (World beat and international) for the broadcast week of 4 to 10 October 2020;
• condition of licence 4 (set out in the Appendix to Broadcasting Decision 2018-325) relating to the broadcast of spoken word programming for the broadcast week of 4 to 10 October 2020;
• condition of licence 5 (set out in the Appendix to Broadcasting Decision 2018-325) relating to the broadcast of news for the broadcast week of 4 to 10 October 2020;
• condition of licence 8 (set out in the Appendix to Broadcasting Decision 2018-325) relating to the filing of an annual report by 30 November of each year setting out specific details on the manner in which it has fulfilled its programming requirements to serve the Caribbean and African communities of Toronto with its spoken word programming and musical format; and
• condition of licence 6 (set out in Broadcasting Decision 2020-79) relating to the contribution of CCD to cover shortfalls from the previous licence term.

Intercity is requesting an amendment to its condition of licence 7 set out in Broadcasting Decision 2020-79 by extending the deadline for its contribution of $72,060 to CCD to 31 August 2022, which would read as follows:

7. In addition to the required basic annual contribution to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986, as amended from time to time, and in addition to the CCD contribution required in condition of licence 6, the licensee shall make a contribution of $72,060 to CCD by no later than 31 August 2022 to remedy the harm caused to the Canadian broadcasting system resulting from the licensee’s non-compliance with its regulatory obligations relating to CCD from the previous licence term, with supporting documentation (including sufficient proof of payment and eligibility) to be submitted to the Commission by no later than 30 November 2021.

   Of this amount, the licensee shall allocate no less than $32,427 to FACTOR and no less than $10,809 to the Community Radio Fund of Canada. The remaining amounts of this additional CCD contribution shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.

In Broadcasting Decision 2018-325, the Commission renewed the broadcasting licence of CKFG-FM for a short-term period. The Commission noted in this decision that it is gravely concerned by Intercity’s unprecedented levels of non-compliance in terms of the number of instances and their severity, and about whether the licensee is able to operate CKFG-FM in a compliant manner. The Commission further noted that should the licensee continue to be in non-compliance with its regulatory requirements, the Commission may consider recourse to additional measures as part of the next licence renewal process, including the issuance of mandatory orders, or the revocation or non-renewal of the licence pursuant to sections 9 and 24 of the Broadcasting Act.

Should the Commission once again find the licensee in non-compliance, this would be the second consecutive licence term in which CKFG-FM will have been found in non-compliance with its regulatory requirements.

The Commission will also consider, as part of this proceeding, the application for authority to change the ownership and effective control of CKFG-FM Toronto (Item 4 – 2020-0800-5).

Licensee’s address:

34 Kern Road
Toronto, Ontario
M3B 1T1
Email: duke6446@gmail.com
Email to request electronic version of application: duke6446@gmail.com

4. 2784486 Ontario Limited
Toronto, Ontario
Application 2020-0800-5

Application by 2784486 Ontario Limited (2784486) for authority to acquire from Intercity Broadcasting Network Inc. (Intercity) the assets of the English-language commercial specialty radio station CKFG-FM Toronto.

2784486 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. 2784486 has also indicated its commitment to continue offering programming to the Caribbean and African communities of Toronto.

Intercity is a corporation that was previously controlled by its majority shareholder, the late Fitzroy Gordon, and is now the subject of a court-appointed receivership exercised by A. Farber & Partners Inc.

2784486 is a corporation wholly owned and controlled by Neeti P. Ray.

Pursuant to the Asset Purchase Agreement between 2784486 and Intercity dated 25 September 2020, 2784486 would purchase the assets of the undertaking for $5,000,000. This transaction has been approved pursuant to an Approval and Vesting Order enacted by the Ontario Superior Court of Justice dated 19 October 2020. The applicant proposed a value of the transaction of $6,232,235, which includes the value of the leases assumed by the purchaser. It also proposed a tangible benefits package of $373,934 to be expended over seven consecutive broadcast years, representing 6% of its proposed value of the transaction.

The Commission will also consider, as part of this proceeding, the application received by Intercity to renew its licence for CKFG-FM Toronto (Item 3 – 2021-0012-1).

As part of Intercity’s renewal application for CKFG-FM (Item 3 – 2021-0012-1), the Commission sets out the licensee’s apparent instances of non-compliance for the current licence term.

Any instances of apparent non-compliance will be examined as part of the renewal application (2021-0012-1) and in the context of this application (2020-0800-5). These instances of apparent non-compliance will be examined in accordance with the Commission’s approach set out in Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014.

Should the Commission once again find the licensee in non-compliance, this would be the second consecutive licence term in which CKFG-FM will have been found in non-compliance with its regulatory requirements.

2784486 has provided its comments related to the apparent non-compliance including its plans to pay any Canadian content development shortfalls.

Following the closing of the transaction, 2784486 would become the licensee of CKFG-FM Toronto.

Applicant's address:

65 International Blvd.
Suite 200
Toronto, Ontario
M9W 6L9
Fax: 416-679-1899
Email: neetiray@gmail.com
Email to request electronic version of application: neetiray@gmail.com

5. Native Evangelical Fellowship of Canada, Inc.
Pickle Lake, Ontario
Application 2021-0042-8

Application by Native Evangelical Fellowship of Canada, Inc. to renew the broadcasting licence for the low-power English- and Indigenous-language specialty (religious) radio station CJTL-FM Pickle Lake and its transmitter CJTL-FM-1 Thunder Bay, expiring 31 August 2021.

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following sections of the Radio Regulations, 1986 (the Regulations) and condition of licence 5 set out in CJTL-FM Pickle Lake and its transmitter CJTL-FM-1 Thunder Bay – Licence renewal, Broadcasting Decision CRTC 2019-283, 8 August 2019 (Broadcasting Decision 2019-283):

• section 8(1) of the Regulations relating to the requirement to provide a complete and accurate program log;
• section 8(5) of the Regulations relating to the requirement to retain a clear and complete audio recording;
• section 9(3)(a) of the Regulations relating to the requirement to provide an accurate self-assessment report for the week of 30 August to 5 September 2020;
• section 9(3)(b) of the Regulations relating to the requirement to provide a complete and accurate music list; and
• condition of licence 5 relating to the broadcast of an on-air message and the filing of the audio recordings and attestation to the Commission within 14 days following the final broadcast of that announcement.

In Broadcasting Decision 2019-283, the Commission renewed the broadcasting licence for CJTL-FM for a short-term period due to the licensee’s non-compliance with section 9(2) of the Regulations. Among other concerns, the Commission noted the seriousness and repeated nature of CJTL-FM’s non-compliance and the fact that this was the licensee’s second consecutive licence term in non-compliance with its requirements relating to the filing of annual returns. The Commission also specified that any future non-compliance could lead to additional measures, including the imposition of a mandatory order or the suspension, non-renewal or revocation of the broadcasting licence for the station pursuant to sections 9 and 24 of the Broadcasting Act.

Should the Commission once again find the licensee in non-compliance, this would be the third consecutive licence term in which CJTL-FM will have been found in non-compliance with its regulatory requirements.

Licensee’s address:

83 Henderson Highway
Winnipeg, Manitoba
R2L 1L2
Fax: 204-661-3982
Email: Nefc@mymts.net
Email to request electronic version of application: Nefc@mymts.net

6. Radio Ntetemuk inc.
Pessamit (Betsiamites), Quebec
Application 2020-0738-5

Application by Radio Ntetemuk inc. for a broadcasting licence to operate an Indigenous (Type B Native) FM radio station in Pessamit (Betsiamites).^{Footnote 2}

The station would operate at 95.1 MHz (channel 236A) with an average effective radiated power (ERP) of 173 watts (maximum ERP of 1,100 watts with an effective height of the antenna above average terrain of 8.8 metres).

The proposed station would serve the needs of the Indigenous community of the Pessamit (Betsiamites) area.

The applicant proposes to broadcast predominantly in the Innu language, featuring news, religious, educational, children’s/youth, and music programming. The applicant also proposes to broadcast English- and French-language programming.

In CICU-FM Eskasoni Indian Reserve and CIMB-FM Betsiamites – Administrative renewals, Broadcasting Decision CRTC 2013-212, 3 May 2013, Radio Ntetemuk inc. was granted an administrative licence renewal to 31 August 2014. According to Commission records, no subsequent renewal application was submitted to extend the station’s broadcast authority. This application seeks to rectify this situation.
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:

8 Laletaut Street
Pessamit, Quebec
G0H 1B0
Fax: 418-567-8559
Telephone: 418-567-4642
Email: jerome.labbe@live.ca
Email to request electronic version of application: jerome.labbe@live.ca

7. Local Radio Lab Inc.
Alliston, Milton and Orangeville, Ontario
Application 2020-0880-5

Application by Local Radio Lab Inc. (LRL) for authority to acquire from My Broadcasting Corporation (MBC) the assets of the English-language commercial radio stations CIMA-FM Alliston, CJML-FM Milton and CKMO-FM Orangeville.

LRL 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.

LRL is a corporation wholly owned by Christopher Grossman, who is exercising effective control of LRL.

MBC is a corporation for which all of the issued and outstanding shares are currently held by several shareholders according to the following breakdown: 2695872 Ontario Inc. (35.05%), 2695873 Ontario Inc. (35.05%), and Blackburn Radio Inc. (29.9%). Andrew Dickson and Jon Pole jointly exercise effective control of MBC.

Pursuant to the Asset Purchase Agreement, LRL would acquire the assets of the undertakings for $2,750,000. The applicant proposed a value of the transaction of $3,256,716, which includes the cost of leases assumed by the purchaser. LRL also proposed a tangible benefits package of $195,402, which is equal to 6% of the value of the transaction.

Following the closing of the transaction, LRL would become the licensee of CIMA-FM Alliston, CJML-FM Milton, and CKMO-FM Orangeville.

Applicant’s address:

32 Dale Avenue
Toronto, Ontario
M4Q 1K5
Fax: 416-922-7588
Email: grossmanchristopher@gmail.com
Email to request electronic version of application: grossmanchristopher@gmail.com

8. Lakeside Radio Broadcasting Corp.
Kincardine, Goderich and Port Elgin, Ontario
Application 2021-0001-0

Application by Lakeside Radio Broadcasting Corp. (Lakeside Radio) for authority to acquire from My Broadcasting Corporation (MBC) the assets of the English-language commercial radio station CIYN-FM Kincardine and of its transmitters CIYN-FM-1 Goderich and CIYN-FM-2 Port Elgin.

Lakeside 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 in the current licence.

Lakeside Radio is a corporation owned by London Publishing Corp. (50%) and Greg Hetherington (50%). London Publishing Corp. is a corporation wholly owned by Ray Stanton. The effective control of Lakeside Radio is therefore exercised jointly by Greg Hetherington and Ray Stanton.

MBC is a corporation for which all of the issued and outstanding shares are currently held by several shareholders according to the following breakdown: 2695872 Ontario Inc. (35.05%), 2695873 Ontario Inc. (35.05%), and Blackburn Radio Inc. (29.9%). Andrew Dickson and Jon Pole jointly exercise effective control of MBC.

Pursuant to the Asset Purchase Agreement, Lakeside Radio would acquire the assets of the undertaking for $400,000. The applicant proposed a value of the transaction of $663,774, which includes the cost of leases assumed by the purchaser. Lakeside Radio also proposed a tangible benefits package of $39,826, which is equal to 6% of the value of the transaction.

Following the closing of the transaction, Lakeside Radio would become the licensee of CIYN-FM Kincardine and its transmitters CIYN-FM-1 Goderich and CIYN-FM-2 Port Elgin.

Applicant’s address:

5405 Eglinton Avenue West
Office 214
Toronto, Ontario
M9C 5K6
Fax: 416-595-1044
Email: rays@londonproperty.ca
Email to request electronic version of application: andrew@mbcmedia.ca

9. Muskoday Community Radio Corporation
Muskoday, Saskatchewan
Application 2020-0583-4

Application by Muskoday Community Radio Corporation for a broadcasting licence to operate a low-power Indigenous (Type B Native) radio station in Muskoday.^{Footnote 3}

The station would operate at 92.3 MHz (channel 222LP) with an effective radiated power of 44.2 watts (non-directional antenna with an effective height of the antenna above average terrain of 15.3 metres).

The applicant proposes to broadcast 126 hours of programming per broadcast week, of which 42 hours would be devoted to local programming. The remaining hours would consist of wrap-around programming originating from Missinipi Broadcasting Corporation. The applicant indicated that, per broadcast week, approximately 60 hours would be devoted to spoken word programming and 66 hours to musical content, of which 60% would be performed or composed by Indigenous creators.

The applicant also proposes to broadcast 113 hours of programming in the English-language and 13 hours of Indigenous-language programming in the Cree language per broadcast week.

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:

P.O. Box 582
Prince Albert, Saskatchewan
S6V 5R8
Fax: 306-953-8257
Email: LSCSI@hotmail.com
Email to request electronic version of application: LSCSI@hotmail.com

10. Abram Zacharias, on behalf of a not-for-profit corporation to be incorporated
La Crête, Alberta
Application 2020-0881-2

Application by Abram Zacharias, on behalf of a not-for-profit corporation to be incorporated, for a broadcasting licence to operate a low-power ethnic commercial FM radio station in La Crête.

The station would operate at 99.9 MHz (channel 260LP) with an average effective radiated power (ERP) of 47.2 watts (maximum ERP of 50 watts with an effective height of the antenna above average terrain of 23.8 metres).

The applicant states that it would adhere to a condition of licence requiring it to direct ethnic programming to a minimum of one cultural group (Mennonites) in at least two different languages each broadcast week, namely Low German (Plautdietsch) and English.

The applicant also states that 60% of the total programming broadcast each broadcast week would be devoted to ethnic programming and 56% would be devoted to third-language programming.

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:

10501 103 Avenue
La Crête, Alberta
T0H 2H0
Email: lawenmethopninj@gmail.com and ajfriesen93@gmail.com
Email to request electronic version of application: lawenmethopninj@gmail.com and ajfriesen93@gmail.com

Procedure

Deadline for interventions, comments or answers
21 April 2021

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.

Although the public hearing will be held in Gatineau, Quebec, the Commission will consider providing videoconference links to enable remote participation (audio or video), 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.

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 “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
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 TTY: 1-877-909-2782

Secretary General

Date modified:

2021-03-22