Broadcasting Notice of Consultation CRTC 2023-369

PDF version

Ottawa, 16 November 2023

Public record: 1011-NOC2023-0369

Notice of hearing

8 February 2024
National Capital Region

Deadline for submission of interventions/comments/answers: 18 December 2023

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

The Commission will hold a virtual hearing on 8 February 2024 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

  1. Comité de la radio Communautaire Huronne-Wyandot inc.
    Wendake, Quebec
    Application 2023-0522-6
  2. Harvest Ministries Sudbury
    Cochrane, Ontario
    Application 2023-0480-7
  3. Neeti P. Ray, on behalf of corporations to be incorporated
    Windsor and Hamilton, Ontario
    Applications 2023-0534-1, 2023-0629-0 and 2023-0630-8

1. Comité de la radio Communautaire Huronne-Wyandot inc.
Wendake, Quebec
Application 2023-0522-6

Application by Comité de la radio Communautaire Huronne-Wyandot inc. (Comité Radio Huronne-Wyandot) for a broadcasting licence to operate an Indigenous (Type B Native) FM radio station in Wendake.

The station would operate at 100.3 MHz (channel 262A) with an average effective radiated power (ERP) of 239 watts (maximum ERP of 400 watts with an effective height of the antenna above average terrain of 18.9 metres).

The proposed station would serve the needs of the Indigenous community of the Wendake (Nation Huronne-Wendat) area.

The applicant proposes to broadcast 126 hours of local programming per broadcast week.

The applicant also proposes to broadcast, per broadcast week, 102 hours of programming in the French-language, and 24 hours of diverse Aboriginal-languages programming including Wendat, Innu and Atikamekw.

In Various Indigenous radio programming undertakings – Administrative renewals of licences expiring 31 August 2019, 2020 and 2021, Broadcasting Decision CRTC 2019-112, 24 April 2019, Comité Radio Huronne-Wyandot was granted an administrative licence renewal to 31 August 2022. Since 1 September 2022, according to Commission records, no decision to renew the licence of the station has been rendered to extend its broadcast authority. This application seeks to rectify the situation.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry (also known as Innovation, Science and Economic Development Canada), at least 20 days prior to the hearing, that the application is technically acceptable.

Applicant's address:

102 Bastien Boulevard
Wendake, Quebec
G0A 4V0
E-mail: maxime.picard@wendake.ca
E-mail to request electronic version of application: maxime.picard@wendake.ca

2. Harvest Ministries Sudbury
Cochrane, Ontario
Application 2023-0480-7

Application by Harvest Ministries Sudbury (Harvest), for authority to acquire from Cochrane Christian Radio, the assets of the English-language low-power commercial specialty (Religious music) FM radio station CFCJ-FM Cochrane.

Harvest 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.

Harvest is a not-for-profit corporation controlled and operated by its board of directors.

Pursuant to the Purchase and Sale Agreement, Harvest would purchase the assets of the undertaking for $1. The applicant proposed a value of the transaction in the same amount and has agreed to pay tangible benefits, should the Commission deem it necessary.

Following the closing of the transaction, Harvest would become the licensee of CFCJ-FM Cochrane.

Applicant's address:

2150 Lasalle Street
Sudbury, Ontario
P3A 2A7
E-mail: mail@kfmradio.ca
E-mail to request electronic version of application: mail@kfmradio.ca

3. Neeti P. Ray, on behalf of corporations to be incorporated
Windsor and Hamilton, Ontario
Applications 2023-0534-1, 2023-0629-0 and 2023-0630-8

Applications by Neeti P. Ray, on behalf of three corporations to be incorporated (Neeti P. Ray OBCI #1, #2, and #3), for authority to acquire the assets of the English-language commercial AM radio station CKWW Windsor (application 2023-0534-1) from Bell Media Regional Radio Partnership, and to acquire the assets of the English-language commercial AM radio stations CHAM Hamilton (application 2023-0629-0) and CKOC Hamilton (application 2023-0630-8) from Bell Media Inc.

The applicant 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.

Neeti P. Ray OBCI #1, #2, and #3 would be corporations wholly-owned and controlled by the Neeti P. Ray Family Trust, of which Neeti P. Ray is the sole Trustee.

Pursuant to the Asset Purchase Agreement, Neeti P. Ray OBCI #1, #2, and #3 would purchase the assets of the undertakings for $445,000. The applicant proposed a value of the transaction of $772,219.20, which includes the value of leases 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 $46,333.15, which is equal to 6% of the value of transaction. The total amount is to be allocated as prescribed in Revised Commercial Radio Policy, Broadcasting Regulatory Policy CRTC 2022-332, 7 December 2022.

Following the closing of the transaction, Neeti P. Ray OBCI #1, #2, and #3 would, respectively, become the licensee of CKWW Windsor, CHAM Hamilton and CKOC Hamilton.

Applicant’s address:

65 International Boulevard
Suite 200
Toronto, Ontario
M9W 6L9
Telephone: 416-777-1650
Fax: 416-679-1899
E-mail: neetiray@gmail.com
E-mail to request electronic version of application: neetiray@gmail.com

Procedure

Deadline for interventions, comments or answers

18 December 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, answers, 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 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.

Interested persons 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.

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.

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.

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
Tel.: 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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