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Broadcasting Notice of Consultation CRTC 2024-172

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Reference: 2024-172-1

Ottawa, 30 July 2024

Public record: 1011-NOC2024-0172

Notice of hearing

8 October 2024
National Capital Region

Deadline for submission of interventions/comments/answers: 29 August 2024

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

The Commission will hold a virtual hearing on 8 October 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. Maritime Broadcasting System Limited
    Truro, Nova Scotia and Bathurst, Woodstock, Grand Falls and Plaster Rock, New Brunswick
    Application 2024-0148-8
  2. Golden Horseshoe Broadcasting Limited
    Hamilton and St. Catharines, Ontario
    Application 2024-0150-4
  3. ZoomerMedia Limited
    Owen Sound, Ontario
    Application 2024-0149-6

  4. Freedom Mobile Inc.
    Various locations in Ontario
    Application 2024-0381-4

  5. Access Communications Co-operative Limited
    Regina, Saskatchewan
    Application 2024-0368-2
  6. Pattison Media Ltd.
    Kelowna, British Columbia
    Application 2024-0321-0

Summary of items 1 to 3

The Commission has received three applications (items 1 to 3) for the sale of radio assets currently owned by Bell Media Inc. or its subsidiaries.

Item 1: Application submitted by Maritime Broadcasting System Limited

The Commission will consider the application submitted by Maritime Broadcasting System Limited (MBS), on behalf of Bell Media Radio Atlantic Inc. (Bell Media Radio Atlantic), a wholly owned subsidiary of Bell Media Inc., to acquire from Bell Media Radio Atlantic the radio stations CKTO-FM and CKTY-FM Truro, Nova Scotia; as well as CKBC-FM Bathurst, CJCJ-FM Woodstock and CIKX-FM Grand Falls and its transmitter CIKX-FM-1 Plaster Rock, New Brunswick. MBS also requests new licences to operate these undertakings. The details of the application are found below.

Item 2: Application submitted by Golden Horseshoe Broadcasting Limited

The Commission will consider the application submitted by Golden Horseshoe Broadcasting Limited (Golden Horseshoe), on behalf of Bell Media Inc. (Bell Media), to acquire from Bell Media the radio stations CKLH-FM Hamilton, as well as CKTB, CHRE-FM, and CHTZ-FM St. Catharines, Ontario. Golden Horseshoe also requests new licences to operate these undertakings. The details of the application are found below.

Item 3: Application submitted by ZoomerMedia Limited

The Commission will consider the application by ZoomerMedia Limited (ZoomerMedia) to acquire from Bell Media Inc. (Bell Media) the radio station CJOS-FM Owen Sound, Ontario. ZoomerMedia also requests a new licence to operate this undertaking. The details of the application are found below.

The applications

1. Maritime Broadcasting System Limited
Truro, Nova Scotia; and Bathurst, Woodstock, Grand Falls and Plaster Rock, New Brunswick
Application 2024-0148-8

Application by Maritime Broadcasting System Limited (MBS), on behalf of Bell Media Radio Atlantic Inc. (Bell Media Radio Atlantic), a wholly owned subsidiary of Bell Media Inc., for authority to acquire from Bell Media Radio Atlantic ownership, by way of assets, of the following five English-language commercial radio stations: CKTO-FM and CKTY-FM Truro, Nova Scotia; as well as CKBC-FM Bathurst, CJCJ-FM Woodstock, and CIKX-FM Grand Falls and its transmitter CIKX-FM-1 Plaster Rock, New Brunswick.
MBS is also requesting new broadcasting licences to continue the operation of the undertakings under the same terms and conditions as those currently in effect.
MBS is owned by Robert L. Pace through the holding companies described in the application. As a result, effective control of MBS is exercised by Robert L. Pace.

Pursuant to the Asset Purchase Agreement, MBS would purchase the assets of the stations for $4,000,000, plus the potential assumption of certain liabilities. MBS proposes a total value of the transaction in the amount of $4,402,049, which includes the value of the leases to be assumed. MBS also proposed a tangible benefits package of $265,000, which is equal to 6% of the stated value of the transaction, the minimum percentage established by the Tangible Benefits Policy.

However, MBS requested that all funds be allocated to the Nova Scotia Community College’s radio and television journalism program, which would constitute an exception to the Simplified approach to tangible benefits and determining the value of the transaction, Broadcasting Regulatory Policy CRTC 2014-459, 5 September2014, and the Revised Commercial Radio Policy, Broadcasting Regulatory Policy CRTC 2022-332, 7 December 2022 (the Revised Commercial Radio Policy). Should the Commission deny this exception, MBS proposed that the total amount be allocated as prescribed in the Revised Commercial Radio Policy.

Should the Commission approve the transaction, it proposes to order that the new licensee adhere to the obligations that currently apply to the stations listed in the application, as updated in the Revised Commercial Radio Policy. All licensees of commercial radio stations are subject to this regulatory policy.

Additional obligations may also be imposed by way of orders. This proceeding will provide the opportunity for the public to comment on these proposed orders.
The specific obligations of each of the stations subject to this application can be found here:

  1. CJCJ-FM, CKBC-FM and CKTY-FM: Various commercial radio stations in New Brunswick and Nova Scotia – Licence renewals, Broadcasting Decision CRTC 2023-165, 1 June 2023
  2. CIKX-FM and CIKX-FM-1: CHBE-FM Victoria; and CIKX-FM Grand Falls and its transmitter CIKX-FM-1 Plaster Rock – Licence renewals, Broadcasting Decision CRTC 2021-75, 19 February 2021
  3. CKTO-FM: Various commercial radio stations – Licence renewals, Broadcasting Decision CRTC 2020-405, 21 December 2020

In accordance with subsection 9.1(4) of the Broadcasting Act, the Commission invites parties to comment on these proposed orders.

Following the closing of the transaction, MBS would become the licensee of the above-listed undertakings in New Brunswick and Nova Scotia.

Applicant's address:

90 Lovett Lake Court
Suite 101
Halifax, Nova Scotia
B3S 0H6
Fax: 902-423-2093
E-mail: corinne.crockett@mbsradio.com
E-mail to request electronic version of application: corinne.crockett@mbsradio.com

2. Golden Horseshoe Broadcasting Limited
Hamilton and St. Catharines, Ontario
Application 2024-0150-4

Application by Golden Horseshoe Broadcasting Limited (Golden Horseshoe), on behalf of Bell Media Inc. (Bell Media), for authority to acquire from Bell Media ownership, by way of assets, of the following four English-language commercial radio stations in Ontario: CKLH-FM Hamilton, as well as CKTB, CHRE-FM and CHTZ-FM St. Catharines.

Golden Horseshoe is requesting new broadcasting licences to continue the operation of the undertakings under the same terms and conditions as those currently in effect.

Golden Horseshoe is ultimately owned by Michael Caine through the holding corporations identified in the application. As a result, effective control of Golden Horseshoe is exercised by Michael Caine.

Pursuant to the Asset Purchase Agreement, Golden Horseshoe would purchase the assets of the stations for $22,500,000, plus the potential assumption of certain liabilities. Golden Horseshoe proposes a total value of the transaction in the amount of $23,036,250, which includes the value of the leases to be assumed. Golden Horseshoe also proposes a tangible benefits package of $1,382,205, which is equal to 6% of the stated value of transaction, the minimum percentage established by the Tangible Benefits Policy.

Should the Commission approve the transaction, it proposes to order that the new licensee adhere to the obligations that currently apply to the stations listed in the application, as updated in Revised conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2022-334, 7 December 2022. All licensees of commercial radio stations are subject to this regulatory policy.

Additional obligations may also be imposed by way of orders. This proceeding will provide the opportunity for the public to comment on these proposed orders.

The specific obligations of each of the stations subject to this application can be found here:

  1. CKLH-FM, CHRE-FM, CHTZ-FM and CKTB: Various commercial radio stations – Licence renewals, Broadcasting Decision CRTC 2020-407, 22 December 2020

In accordance with subsection 9.1(4) of the Broadcasting Act, the Commission invites parties to comment on these proposed orders.

Following the closing of the transaction, Golden Horseshoe would become the licensee of the above-listed undertakings in Ontario.

Applicant's address:

309 Church Street
Oakville, Ontario
L6J 1N9
E-mail: mattcaine@whiteoaksgroup.ca
E-mail to request electronic version of application: mattcaine@whiteoaksgroup.ca

3. ZoomerMedia Limited
Owen Sound, Ontario
Application 2024-0149-6

Application by ZoomerMedia Limited (ZoomerMedia), on behalf of Bell Media Inc. (Bell Media), for authority to acquire from Bell Media ownership, by way of assets, of CJOS-FM Owen Sound, an English-language commercial radio station in Ontario.

ZoomerMedia is also requesting a new broadcasting licence to continue the operation of the station under the same conditions as those currently in effect. ZoomerMedia has requested a seven-year licence term.

ZoomerMedia is a publicly traded corporation. A majority of the voting interests of ZoomerMedia is owned by Olympus Management Limited (60%), a corporation wholly owned by Moses Znaimer. As a result, effective control of ZoomerMedia is exercised by Moses Znaimer.

Pursuant to the Asset Purchase Agreement, ZoomerMedia would purchase the assets of the station for $1,500,001, plus the assumption of certain liabilities. The applicant proposes a total value of the transaction in the amount of $1,881,950, which includes the value of the leases to be assumed by the purchaser. The applicant also proposes a tangible benefits package of $112,917, which is equal to 6% of the stated value of the transaction, the minimum percentage established by the Tangible Benefits Policy.

Should the Commission approve the transaction, it proposes to order that the new licensee adhere to the obligations that currently apply to the station listed in the application, as updated in Revised conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2022-334, 7 December 2022. All licensees of commercial radio stations are subject to this regulatory policy.

Additional obligations may also be imposed by way of orders. This proceeding will provide the opportunity for the public to comment on these proposed orders.
The specific obligations of the station subject to this application can be found here:

  1. CICZ-FM Midland, CICX-FM Orillia, CJOS-FM Owen Sound and CICS-FM Sudbury: - Acquisition of assets, Broadcasting Decision CRTC 2018-57, 14 February 2018

In accordance with subsection 9.1(4) of the Broadcasting Act, the Commission invites parties to comment on these proposed orders.

Following the closing of the transaction, ZoomerMedia would become the licensee of the above-listed undertaking in Ontario.

Applicant's address:

70 Jefferson Avenue
Toronto, Ontario
M6K 1Y4
E-mail: serge@zoomer.ca 
E-mail to request electronic version of application: serge@zoomer.ca

4. Freedom Mobile Inc.
Various locations in Ontario
Application 2024-0381-4

Application by Quebecor Media Inc. (Quebecor), on behalf of 2251723 Ontario Inc. (2251723) and Freedom Mobile Inc. (Freedom), for authority to transfer from 2251723 to Freedom,Footnote 1 as part of a corporate reorganization, the assets of the terrestrial broadcasting distribution undertakings (BDUs) serving the Greater Toronto Area (including Ajax, Aurora, Bolton, Brampton, Caledon, Claremont, Etobicoke, Georgetown, King City, Markham, Milton, Mississauga, Nobleton, North York, Pickering, Richmond Hill, Scarborough, Toronto, Vaughan and Woodbridge), as well as Barrie, Hamilton-Niagara and Oshawa, and the national video-on-demand (VOD) service.

2251723 is wholly owned by VMedia. Both VMedia and Freedom are wholly owned by Videotron, which is wholly owned by Quebecor.

Effective control of Quebecor is ultimately exercised by Pierre Karl Péladeau.

The steps of the proposed intra-corporate reorganization would be as follows:

The applicant is requesting new broadcasting licences and confirms that the undertakings involved in this transaction would continue to be operated under the same terms and conditions as those in effect under the current licences.

The above transaction would not affect the effective control of the BDUs and the VOD service, which will continue to be exercised by Pierre Karl Péladeau.

Following the closing of the transaction and the issuance of new broadcasting licences, Freedom would become the licensee of the aforementioned BDUs and VOD service.

Should the Commission approve the application, the Commission also proposes to issue orders pursuant to subsection 9.1(1) of the Broadcasting Act (the Act) requiring the licensee to adhere to the standard conditions of service set out in Review of exemption orders and transition from conditions of exemption to conditions of service for broadcasting online undertakings, Broadcasting Regulatory Policy CRTC 2023-331 and Broadcasting Order CRTC 2023-332, 29 September 2023, Standard requirements for on-demand services, Broadcasting Regulatory Policy CRTC 2017-138, 10 May 2017, as well as applicable requirements set out in the Broadcasting Distribution Regulations that were made under paragraph 10(1)(a) or under paragraph 10(1)(i) of the old Act.

Consistent with subsection 9.1(4) of the Act, interested persons may, as part of this process, make representations to the Commission with respect to these proposed orders.

Applicant's address:

612 Saint-Jacques Street
Montréal, Quebec
H3C 4M8
Fax: 514-380-4664
E-mail: peggy.tabet@quebecor.com
E-mail to request electronic version of application: peggy.tabet@quebecor.com

5. Access Communications Co-operative Limited 
Regina, Saskatchewan
Application 2024-0368-2 

Application by Radius Communications Inc. (Radius), on behalf of Access Communications Co-operative Limited (Access) for authority to acquire ownership, by way of assets, of CJTR-FM Regina, an English-language community radio station in Saskatchewan.

The applicant is also requesting a new broadcasting licence to continue the operation of the undertakings under the same terms and conditions as those currently in effect.

Access is a not-for-profit co-operative incorporated in Saskatchewan and controlled by its board of directors.

Should the Commission approve the transaction, it proposes to order that the new licensee adhere to the obligations that currently apply to the station listed in the application, as updated in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012. All licensees of campus and community radio stations are subject to this regulatory policy.

The specific obligations of the station subject to this application can be found here:

  1. CJTR-FM: Various commercial radio stations – Licence renewals, Broadcasting Decision CRTC 2023-77, 16 March 2023

In accordance with subsection 9.1(4) of the Broadcasting Act, the Commission invites parties to comment on these proposed orders.

Access currently exercises effective control of the licensee via a temporary management agreement in place until such time as the asset transfer application can be completed or, if not completed by that time, 9 July 2025. The application in respect of the temporary management agreement, and its approval in Broadcasting Administrative Decision Letter L2024-0039, are added to the public record of the proceeding.

Following the closing of the transaction, Access would become CJTR-FM’s licensee.

Applicant's address:

2250 Park Street
Regina, Saskatchewan
S4N 7K7
E-mail: derrick.thue@myaccess.coop
E-mail to request electronic version of application: derrick.thue@myaccess.coop

6. Pattison Media Ltd.
Kelowna, British Columbia
Application 2024-0321-0

Application by Pattison Media Ltd. (Pattison) for authority to acquire from Radius Holdings Inc. (Radius), as part of a corporate reorganization, ownership by way of assets of the English-language commercial FM radio station, CKOV-FM Kelowna.

Pattison and Radius are wholly owned and controlled by James A. Pattison through the holding corporations identified in the application.
The steps of the proposed intra-corporate reorganization affecting the licensed broadcasting undertaking would be as follows:

Pattison is requesting a new broadcasting licence under the same terms and conditions as those currently in effect.

The above transaction would not affect the effective control of the broadcasting undertaking, which would continue to be exercised by James A. Pattison.

Following the closing of the transaction and the issuance of a new broadcasting licence, Pattison would become the licensee of CKOV-FM Kelowna.

The Commission notes that the applicant has committed to assume any unfulfilled tangible benefits resulting from previous transactions. The Commission will review Pattison’s compliance with its conditions of service and regulatory requirements (including those currently in effect for Radius) at the time of licence renewal.

Applicant's address:

460 Pemberton Terrace
Kamloops, British Columbia
V2C 1T5
Fax: 250-374-0445
E-mail: info@pattisonmedia.com
E-mail to request electronic version of application: info@pattisonmedia.com

Procedure

Deadline for interventions, comments or answers

29 August 2024

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, 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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