Broadcasting Notice of Consultation CRTC 2022-331
Reference: 2022-331-1
Ottawa, 5 December 2022
Public record: 1011-NOC2022-0331
Notice of hearing
23 February 2023
National Capital Region
Deadline for submission of interventions/comments/answers: 23 January 2023
[Submit an intervention/comment/answer or view related documents]
The Commission will hold a virtual hearing on 23 February 2023 at 11:00 a.m. in the National Capital Region. The Commission intends to consider the following applications, subject to interventions, without the appearance of the parties:
Applicant/Licensee and Locality
- Radio Boréale
La Sarre, Quebec
Application 2020-0185-8 - Radio Boréale
Rouyn-Noranda, Quebec
Application 2020-0187-4 - Pickering College Campus Radio
Newmarket, Ontario
Application 2020-0036-3 - Pattison Media Ltd.
Brandon, Manitoba
Application 2022-0668-0 - Kenner Media (Edmonton) Limited
Fort Saskatchewan, Alberta
Application 2022-0878-5 - Four Senses Entertainment Inc.
Squamish, British Columbia
Application 2019-1225-4
1. Radio Boréale
La Sarre, Quebec
Application 2020-0185-8
Application by Radio Boréale to amend the broadcasting licence for the French-language community FM radio station CHOW-FM Amos.
The licensee proposed to add an FM transmitter in La Sarre, expanding the coverage of its station.
The rebroadcasting transmitter would operate at frequency 106.1 MHz (channel 291B1) with an average effective radiated power (ERP) of 706 watts (maximum ERP of 12,600 watts with an effective height of the antenna above average terrain [EHAAT] of 53.2 metres).
The licensee indicated that the application is intended to address the lack of a community radio station in the city of La Sarre. The proposed amendment is also intended to improve the financial health of the undertaking, since the extension of the main station’s signal coverage should result in increased, albeit modest, advertising revenues and the creation of new points of service. Thus, the proposed change could improve the long-term viability of the undertaking while providing the regional and local coverage desired by the municipal populations involved.
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.
Licensee’s address:
43 1st Avenue East
Amos, Quebec
J9T 1H2
E-mail: real.bordeleau@radioboreale.com
E-mail to request electronic version of application: real.bordeleau@radioboreale.com
2. Radio Boréale
Rouyn-Noranda, Quebec
Application 2020-0187-4
Application by Radio Boréale to amend the broadcasting licence for the French-language community radio station CHOW-FM Amos.
The licensee proposed to add an FM transmitter in Rouyn-Noranda, expanding the coverage of its station.
The rebroadcasting transmitter would operate at frequency 104.9 MHz (channel 285B1) with an average effective radiated power (ERP) of 4,721 watts (maximum ERP of 7,300 watts with an effective height of the antenna above average terrain [EHAAT] of 67 metres).
The licensee indicated that the application is intended to address the lack of a community radio station in the city of Rouyn-Noranda. The proposed amendment is also intended to improve the financial health of the undertaking, since the extension of the main station’s signal coverage should result in increased, albeit modest, advertising revenues and the creation of new points of service. Thus, the proposed change could improve the long-term viability of the undertaking while providing the regional and local coverage desired by the municipal populations involved.
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.
Licensee’s address:
43 1st Avenue East
Amos, Quebec
J9T 1H2
E-mail: real.bordeleau@radioboreale.com
E-mail to request electronic version of application: real.bordeleau@radioboreale.com
3. Pickering College Campus Radio
Newmarket, Ontario
Application 2020-0036-3
Application by Pickering College Campus Radio for a broadcasting licence to operate an English-language community FM radio station in Newmarket.
The station would operate at 102.7 MHz (channel 274A1) with an average effective radiated power (ERP) of 33.5 watts (maximum ERP of 100 watts, and an effective height of the antenna above average terrain [EHAAT] of 9 metres).
The applicant proposed to broadcast 126 hours of local programming per broadcast week.
The applicant is currently operating an English-language low-power campus radio station using the same frequency and the same transmission site as the ones proposed for the new community radio station. The applicant indicated that it will cease operating the station as a low-power campus radio station upon the launch of the new community radio station.
This application is published as part of this non-appearing hearing pursuant to the Commission’s determination in Findings regarding market capacity in the Newmarket radio market, Broadcasting Decision CRTC 2022-198, 27 July 2022.
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:
16945 Bayview Avenue
Newmarket, Ontario
L3Y 4X2
Telephone: 905-895-1700
Fax: 905-895-9076
E-mail: gsturrup@pickeringcollege.on.ca
E-mail to request electronic version of application: gsturrup@pickeringcollege.on.ca
4. Pattison Media Ltd.
Brandon, Manitoba
Application 2022-0668-0
Application by Pattison Media Ltd. (Pattison Media) for authority to acquire from Westman Radio Ltd. (Westman Radio) the assets of its English-language commercial radio stations CKLF-FM Brandon, and CKLQ-FM Brandon and its transmitter CKLQ Brandon.
Pattison Media also requested new broadcasting licences to continue the operation of the undertakings under the same terms and conditions as those in effect under the current licences.
Pattison Media is wholly owned by Jim Pattison Industries Ltd., which in turn is wholly owned by Jim Pattison Ltd., which is owned and controlled by James A. Pattison.
Westman Radio is wholly owned by Westman Media Cooperative Ltd. and is effectively controlled by its board of directors pursuant to the terms of the Unanimous Shareholders Agreement dated 24 October 1997.
Pursuant to the asset purchase and sale agreement, Pattison Media would purchase the assets of the undertakings for $5,073,781. The applicant proposed a value of the transaction of $5,527,861, which includes the value of the leases and ancillary agreements assumed by the purchaser. As per the Simplified approach to tangible benefits and determining the value of the transaction, Broadcasting Regulatory Policy CRTC 2014-459, 5 September 2014, the applicant also proposed a tangible benefits package of $331,672, which is equal to 6% of the value of the transaction, payable over seven consecutive broadcast years.
Pattison Media confirmed that it would be responsible, by condition of licence, for the remaining payment to Canadian content development of $2,500 for the 2022-2023 broadcast year pursuant to CKLQ Brandon – Conversion to the FM band, Broadcasting Decision CRTC 2017-2, 6 January 2017, in which the Commission approved an application to operate an English-language commercial FM radio station in Brandon to replace its AM station CKLQ Brandon and to operate an AM transmitter in Brandon to rebroadcast the programming of the FM station.
The Commission reminds the applicant that any instance of apparent non-compliance that could be identified during the current licence terms will be examined in the context of each broadcasting undertaking’s licence renewal.
Following the closing of the transaction, Pattison Media would become the licensee of CKLF-FM, and of CKLQ-FM and its transmitter CKLQ.
Applicant’s address:
460 Pemberton Terrace
Kamloops, British Columbia
V2C 1T5
Fax: 250-374-0445
E-mail: rod.schween@pattisonmedia.com
E-mail to request electronic version of application: rod.schween@pattisonmedia.com
5. Kenner Media (Edmonton) Limited
Fort Saskatchewan, Alberta
Application 2022-0878-5
Application by Kenner Media (Edmonton) Limited (Kenner Media) for authority to acquire from Golden West Broadcasting Ltd. (Golden West) the assets of the English-language commercial radio station CKFT-FM Fort Saskatchewan.
Kenner Media also requested 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.
Kenner Media will be owned by Kenner Media Ltd. (94.28% of voting shares) and R.E.B. Investment Holdings Limited (5.72% of voting shares). Kenner Media will be controlled by Kenner Media Ltd., its majority shareholder, which is itself owned and controlled by Stephen Craig Fee, its sole shareholder.
Golden West is owned by Elmer Hildebrand Ltd. (60.55% of voting shares) and other Canadians (39.45% of voting shares) and is effectively controlled by Elmer Hildebrand.
Pursuant to the asset purchase and sale agreement, Kenner Media would purchase the assets of the undertaking as well as other non-regulated assets for $800,000. The applicant proposed a value of the transaction of $1,022,455, which includes the value of the leases and ancillary agreements assumed by the purchaser. As per the Simplified approach to tangible benefits and determining the value of the transaction, Broadcasting Regulatory Policy CRTC 2014-459, 5 September 2014, the applicant also proposed a tangible benefits package of $61,347, which is equal to 6% of the proposed value of the transaction.
Following the closing of the transaction, Kenner Media would become the licensee of CKFT-FM.
Applicant’s address:
123B Pioneer Drive
Suite 20012
Kitchener, Ontario
N2P 2A3
Fax: 416-865-1018
E-mail: kennermedialimited@gmail.com
E-mail to request electronic version of application: mlewis@lbhmedialaw.com
6. Four Senses Entertainment Inc.
Squamish, British Columbia
Application 2019-1225-4
Application by Four Senses Entertainment Inc. for a broadcasting licence to operate an English-language commercial FM radio station in Squamish.
The station would operate at 99.7 MHz (channel 259A) with an average effective radiated power (ERP) of 2,449 watts (maximum ERP of 5,000 watts, and an effective height of the antenna above average terrain [EHAAT] of -1,739 metres).
The applicant proposed to broadcast 126 hours of local programming per broadcast week.
The applicant also proposed a mix of news, talk and adult alternative music targeting the adult population of Squamish.
This application is published as part of this non-appearing hearing pursuant to the Commission’s determination set out in Findings regarding market capacity in the Squamish radio market, Broadcasting Decision CRTC 2022-199, 27 July 2022.
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:
1414 29th Street East
North Vancouver, British Columbia
V7J 1T1
Telephone: 604-771-2307
E-mail: rob@whistlerfm.ca
E-mail to request electronic version of application: rob@whistlerfm.ca
Procedure
Deadline for interventions, comments or answers
23 January 2023
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 e-mail 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 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 the National Capital Region, 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 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, e-mail 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, e-mail 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 e-mail addresses, provided above.
Links to interventions, replies and answers filed for this proceeding, as well as other documents referred to in this notice, are available on the Commission’s “Consultations and hearings: have your say” page.
Documents are available upon request during normal business hours by contacting:
Documentation Centre
examinationroom@crtc.gc.ca
Telephone: 819-997-4389
Fax: 819-994-0218
Client Services
Toll-free telephone: 1-877-249-2782
Toll-free TTY: 1-877-909-2782
Secretary General
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