Application to Obtain a Broadcasting Licence to Operate a Television Programming Undertaking (including low-power) - Form 102

General instructions

Filing

File electronically via My CRTC Account by attaching the application to the Cover page. My CRTC Account allows you to securely submit documents to the Commission with a user ID and password. Therefore, a signature is not required when using My CRTC Account. Applicants who file their application in this manner are not required to submit a hard copy of the application and its related documents.

Applicants who cannot send their application electronically with My CRTC Account can contact the Commission at 1-877-249-CRTC (2782).

Instructions

The following questionnaire is in HTML format and may be downloaded to the word processing software of your choice. This enables you to complete the downloaded questionnaire by inserting your response in bold letters immediately following the question. You may add lines to the tables if necessary but do not alter or delete any text from the questionnaire.

The application must be divided into sections as set out in the questionnaire and include the numbered questions followed by the corresponding response. Responses must be provided, at a minimum, in a size 10 font.

Naming conventions for electronic documents

The following documents should be submitted as separate electronic documents using the naming convention specified below. The document number (Doc#) indicates the ascending order in which the documents should appear on the public file.

1. General information

Type of station Check here if low-power^{Footnote *} (  )

Location of undertaking:  ________________________

1.1 Identification of applicant

Individual ( ) Company ( ) Company to be incorporated ( ) Other ( )

If other, specify:_______________

Name:
Address:
City:
Province/Territory:
Postal code:
Telephone:
Fax:
Email:

Contact person representing the applicant
(if there is no appointed designated representative under question 1.2)

Name:
Title:
Telephone:
Email:

1.2 Appointment of designated representative

I, _________________________, the applicant, hereby designate____________________ as my designated representative for and on my behalf and in my name to sign, file and complete (if necessary) an application with the Canadian Radio-television and Telecommunications Commission and to sign and file a reply with respect thereto and I do hereby ratify, confirm and adopt as my own act, such application and all replies made thereto.

Date:
At: Example: city, province
Signature (a signature is not required when submitting electronically):
Address of designated representative:
Title:
Telephone:
Fax:
Email:

1.3 Declaration of the applicant or its designated representative

I, ___________________________________ , solemnly declare that:

1. I am the designated representative of the applicant named in this application brief and as such have knowledge of all matters declared therein.

2. The statements made in this application or in any document filed pursuant to any request for further information by the Commission are (will be) to the best of my knowledge and believed to be true in all respects.

3. The opinions and estimates given in this application or in any document filed pursuant to any request for further information by the Commission are (will be) based on facts as known to me.

4. I have examined the provisions of the Broadcasting Act and the broadcasting regulations and policies relevant to this application.

And I have signed

Signature (a signature is not required when submitting electronically):
Date:

Witnessed by

Signature (a signature is not required when submitting electronically):
Name:
Date:
At: Example: city, province

1.4 Procedural request

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) allow an interested person to request that the Commission exercise a power under the Rules of Procedure or change the Rules of Procedure for a specific proceeding (sections 5 and 7). This is generally called a procedural request. You may consult Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and Guidelines on the CRTCRules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, for more information.

Is the applicant requesting that the Commission make an exception to its Rules of Procedure in the treatment of this application?

Yes (  ) No (  )

If yes, please indicate which section of the Rules of Procedure you wish to vary and provide a detailed rationale as to why this request should be granted:

1.5 Application

The Commission will return the application if it has not been duly completed. The onus will be on the applicant to submit a complete application that provides all of the relevant information, to identify all regulatory issues raised in the application and to provide supporting documentation.

Submit a website address or email address where an electronic copy of the application may be requested:

Website:
Example: www.mycompany.com

Email:
Example: no-reply@no-reply.com

2. Ownership

Definitions:

Complete the following table relating to the directors and officers, including the Chief Executive Officer, of the applicant company. The table should reflect the present and the proposed board of directors and officers.

State name of the company to which the following table pertains:

2.2

1. Complete the following table relating to the shareholders holding 10% or more of the voting shares and/or votes (participating and common shares) of the applicant company.

   State name of the company to which the following table pertains:

   Capital Structure and Shareholders

   Shares/ Units	Votes	Authorized	Issued	Name of ShareholdersFootnote 1 (company: provide jurisdiction) (individual: provide complete home address)	No. Held	% of Votes	CanadianFootnote 2Footnote 5 (X)

2. Provide a list of the ownership of the remaining voting shares and/or votes (participating and common shares) not accounted for in a), by class of shares, identifying whether the shares are owned and controlled by Canadians or non-Canadians, if applicable.

   Class of Shares	Shareholders	Total Number of Voting Shares	Total Number of Votes	CanadianFootnote 2Footnote 5 (X)

2.3

1. Complete the following table relating to each corporation or other legal entity holding, directly or indirectly, 20% or more of the voting shares and/or votes (participating and common shares) of the applicant.  Provide the respective Chief Executive Officer(s), if any.

   State name of the company to which the following table pertains:

   Directors and Officers

   NameFootnote 1	Complete Home Address	CitizenshipFootnote 2	DirectorsFootnote 3: Date of Appointment	OfficersFootnote 4: Position Held

2. Complete the following table relating to the shareholders holding 20% or more of the voting shares and/or votes (participating and common shares) of the applicant.

   State name of the company to which the following table pertains:

   Capital Structure and Shareholders

   Shares/ Units	Votes	Authorized	Issued	Name of ShareholdersFootnote 1 (company: provide jurisdiction) (individual: provide complete home address)	No. Held	% of Votes	CanadianFootnote 2Footnote 5 (X)

2.4

1. Complete the following table relating to each corporation or other legal entity that would, directly or indirectly, control the applicant.

   State name of the company to which the following table pertains:

   Directors and Officers

   NameFootnote 1	Complete Home Address	CitizenshipFootnote 2	DirectorsFootnote 3: Date of Appointment	OfficersFootnote 4: Position Held

2. Complete the following table relating to the shareholders holding 20% or more of the voting shares and/or votes (participating and common shares) of each corporation or other legal entity that would, directly or indirectly, control the applicant.

   Capital Structure and Shareholders

   Shares/ Units	Votes	Authorized	Issued	Name of ShareholdersFootnote 1 (company: provide jurisdiction) (individual: provide complete home address)	No. Held	% of Votes	CanadianFootnote 2Footnote 5 (X)

3. Provide a list of the ownership of the remaining voting shares and/or votes (participating and common shares) not accounted for in b), by class of shares, identifying whether the shares are owned and controlled by Canadians or non-Canadians, if applicable.

   Class of Shares	Shareholders	Total Number of Voting Shares	Total Number of Votes	CanadianFootnote 2Footnote 5 (X)

Questions 2.5 and 2.6 are to be completed only where the cost of the undertaking exceeds $250,000.

2.5

Specify the funds available to finance the proposed undertaking:

Equity:

Debt:

Total:

2.6

1. Specify the individual sources of financing for the funds identified in question 2.5 (for example, Bank loans, share capital, other loans). If any of these persons hold public office, by election or appointment, indicate the office held under the name of the person(s).

   Source	$

2. Where financing is to be provided, in whole or in part, through debt securities, provide the list of proposed debt holders, including names, citizenship or jurisdiction of incorporation (or other form of constitution), designation and description of debt securities held, and the principal amount of each one.

Supporting Documents to be Appended:

Appendix 2A

A copy of all constituting documents (for example, Articles and Certificates of Incorporation, By-Laws, Partnership or Trust Agreement) relating to the applicant and each corporation or other legal entity identified in questions 2.3 and 2.4 (provide draft documents where an applicant is not yet incorporated). If the constituting documents have been filed with the Commission and no changes have occurred since, provide reference to the application that contains the most recent documentation together with a declaration attesting that the information is still accurate and valid as of the date of the filing of the application.

Appendix 2B

A statement regarding who controls/will control the applicant and by what means; if control is to be held by a shareholder company, also advise who controls/will control it and by what means; if applicable, attach all related documents or agreements (for example, Shareholder Agreement, Voting Trust Agreement).

Appendix 2C

If the applicant has delegated or will delegate by contract any responsibility, copies of the contracts (or proposed contracts). If applicable, indicate the legislative authority under which the corporation or other legal entities to such contracts are incorporated or otherwise constituted.

Appendix 2D

Documentation supporting the availability of each source of financing identified in question 2.6 if the cost of the undertaking exceeds $250,000. (Note:

1. Where funds are to be provided, directly or indirectly by a third party institution such as a bank, credit union, etc., submit a signed letter on the institution's stationery containing the following information:

   We have examined the financial projections of (Name of applicant) related to the application(s) before the Commission for a licence(s) to provide (type of service) to (location(s)) and we would be prepared to provide financing in the amount of ($) under the following terms and conditions (specify ALL the terms and conditions), subsequent to a favorable decision by the Commission, for the purpose of providing capital and operating funds related to the undertaking(s)."

2. Where funds are to be provided by an individual(s) whether for the purchase of share capital and/or the provision of debt securities, submit a signed statement of net worth from each individual, prepared and notarized within 3 months of the filing of the application.

3. Where funds are to be provided, directly or indirectly, by a corporation or other legal entity other than the applicant or institutions in (a) or (b) above, submit the audited financial statement of the entity for its most recently completed year of operation, and interim financial statements for the period ending within six months of the filing of the application.)

3. Industry consolidation and cross-media ownership

3.1

Provide a list of all entities involved in any of the areas listed below, for which any investment (equity and/or debt securities) is held by the applicant, its directors, a corporation which directly or indirectly controls the applicant and any shareholder holding 20% or more of the voting shares and/or votes (participating and common shares) of the applicant.

1. Other CRTC licence

2. Daily newspaper

3. Non-daily newspaper or other media publisher

4. Production or distribution of programming material

5. Lessor of property, plant or equipment of licensee

6. Telecommunications company regulated under the Telecommunications Act

7. Company owning securities in any of categories (a) to (f)

3.2

Respond to the following questions, taking into consideration the various ownership interests identified in question 3.1, the increased consolidation in the broadcasting industry, and the trend towards cross-media ownership:

1. What international activities are being pursued?

2. Provide details on the synergies expected from the applicant's multiple holdings.

3. How will the applicant's ability to fulfill the objectives of the Broadcasting Act be affected by increased consolidation and/or cross-media ownership?

4. How will the applicant's provision of local programming be affected by increased consolidation and/or cross-media ownership?

5. What steps are being taken to ensure editorial independence between the applicant's various media interests?

3.3

In Public Notice CRTC 1999-97, the Commission stated:

"Where a broadcasting licensee owns or has acquired a production company, either in whole or in part, the Commission will expect the licensee to address the issues arising from vertical integration at the time of licensing or licence renewal."

If applicable, describe the measures that have been taken to limit the potential for preferential treatment of affiliated production companies.

4. Financial operations

4.1

In accordance with Generally Accepted Accounting Principles (G.A.A.P.), complete the following summary of the estimated annual revenue and expenses for each 12-month period ending 31 August of the proposed licence term.

The first year of operation will be:  ___________________________

4.2 Programming expenses

In accordance with Generally Accepted Accounting Principles (G.A.A.P.), complete the following summary of the estimated annual operating expenses for programming and production for each 12-month period ending 31 August of the proposed licence term (refer to Public Notice CRTC 1993-93). In addition, all regionally-produced priority programs (as defined in Public Notice CRTC 1999-205) should only be accounted for in line 9 below.

4.3

Provide a detailed listing of all the basic underlying assumptions upon which the financial projections in questions 4.1 and 4.2 have been prepared, including the following:

1. The differentiation between revenues listed as network payments, national time and local time sales;

2. The amount of revenues included in each of the years from non-traditional forms of advertising such as product placement, sponsorship messages and digital superimposition. Indicate where these revenues have been accounted for in the projections;

3. The methodology used to amortize program costs; and

4. Expected inflation rates and whether the projections have been prepared using current or constant dollars.

4.4

Provide a pro forma statement of changes in financial position for each year of the proposed licence term for the undertaking.

4.5

Provide a statement of pre-operating costs for the period prior to the commencement of operation.

Supporting Document to be Appended:

Appendix 4A

Where the applicant is already incorporated or otherwise constituted as a legal entity, provide the audited financial statements of the applicant for its most recently completed year of operation and interim financial statements for a period ending within six (6) months of the date of the application.

5. Marketing

5.1

Provide quantitative estimates of the population within the service contours, as well as an estimate of the population within the area to which the station's principal marketing activities will be directed:

5.2

Please identify the sources from which population data has been obtained:

5.3 Provide your audience projections.

5.4

Indicate to which communities the station's principal marketing activities will be directed.

5.5

Describe the target audience in terms of its size and composition.

Supporting Documents to be Appended:

Appendix 5A

Provide a table showing, for each of the 7 years of the prospective licence term, all of the detailed calculations used to arrive at each source of revenue projected.

Appendix 5B

For the second year of operation, provide a table showing the potential source of your projected revenues as they pertain to:

1. Existing off-air television services;

2. Existing specialty television services;

3. Existing radio services;

4. New revenues that would be brought into the broadcasting industry from advertisers which do not currently advertise on television or radio; and

5. New revenues which would result from increased spending on the proposed services by advertisers which currently advertise on existing television (including specialty) and radio services.

6. Technical information

Applicants are advised to consult with their broadcast engineering consultants when completing this section, to ensure that it is consistent with the Engineering Brief submitted to the Departement of Industry.

6.1

1. Have all required technical documents been filed with the Departement of Industry?

   Yes (  ) No (  )

2. I hereby authorize the Commission to include as part of this application any documents or correspondence filed with the Departement of Industry with respect to this application.

   Yes (  ) No (  )

   If no, explain.

6.2

Please provide the following technical information:

6.3

Describe the transmission site and tower (antenna supporting structure) that you intend to use for the proposed television undertaking.

6.4

Is the proposed transmitter/antenna site an existing transmission site?

Yes (  ) No (  )

6.5

Does the applicant propose to share existing facilities (tower, antenna, building, etc.)?

Yes (  ) No (  )

If yes,

1. state the owner(s) of these existing facilities;

2. indicate who are the other users of these facilities; and

3. details of the facilities.

6.6 Establishment costs

In completing the following table, the costs to be entered are to include the total costs to put the asset(s) in place and ready for service, including all applicable taxes but excluding amounts budgeted for pre-operating expenses.

Where the facilities are to be implemented at an existing site, indicate the cost of changes to items already in place (that is, the incremental cost) and the full cost for new items.  Where a new site is to be developed, indicate the full cost of each item.

Where assets are to be leased or rented, indicate both the Fair Market Value (FMV = the installed cost if the asset were to be purchased) of the asset(s) to be leased or rented and the annual lease or rental payments.  Operating lease and rental are to be accounted for annually in the applicable operating expense category(ies) in Section 4. Capital leases are to be capitalized and amortized annually in the category of "Depreciation" in Section 4.1. The cost of lease improvements should be indicated under Cost of Assets to be purchased.

(Note: Capital and/or lease costs of facilities dedicated to Administration and General operations may be included under Studio Plant).

6.7

Do the costs listed for the studio plant in Question 6.6 include provision for administrative facilities?

Yes (  ) No (  )

If yes, state percentage of the Studio Plant costs:  (___ %)

6.8 Description of studio and administrative facilities

Provide a brief description of the proposed studio and administrative facilities:

1. State number of studios, dimensions in square metres and functional purposes;

2. List major equipment provided for both production and post-production functions;

3. Indicate whether equipment is digital or analog; and

4. Indicate whether or not studios would be equipped for production of programming in the High Definition Television (HDTV) format.

6.9 Remote location/outside broadcast facilities

Describe facilities provided for outside/remote "on-location" broadcasting events including mobile units, news gathering and associated production/editing equipment.

6.10 Description of transmitting facilities

Provide a brief description of the proposed transmitting plant:

1. Transmitter type and rated power;

2. Antenna type, number of bays and power gain; and

3. Antenna supporting structure (tower).

6.11 Condition of licence - on-air period

Would the applicant accept a condition of licence that the undertaking be on air within 12 months of the date of a favourable decision?

Yes (  ) No (  )

If no, explain.

Supporting documents to be appended:

Appendix 6A

You are required to submit a map indicating the location of the transmitter/antenna site. It must be legible copies (in color if available) of all maps included in the engineering brief submitted to the Department of Industry, outlining the proposed coverage contours as per the Department of Industry's Broadcasting Procedures and Rules.

You are required to submit your maps in an electronic format (for example, .jpg or .bmp file format). In addition, the Commission encourages you to submit your proposed coverage area contours in a geographical information system (GIS) compatible file format (for example, .mid./.mif or .tab). Moreover, provide the map datum and projection used.

Appendix 6B

Documentation supporting the availability of the proposed transmitter site(s).

7. Programming

All applicants must answer the following questions except where otherwise indicated.

7.1 Language(s) of programming

1. The principal language of programming will be: ____________

2. Other languages of programming: _______________________

7.2 Network affiliation

Will the station be affiliated to a network?

Yes (  ) No (  )

If yes, indicate all network affiliations proposed.

7.3 Hours of operation

Indicate total number of hours per week (on-air) of proposed program service for Year 1 of the proposed licence term: ___________ hours ____________ minutes

7.4 Canadian content commitment

1. The "Broadcast Day", as defined in Section 2 of the Television Broadcasting Regulations, 1987, will be:

   From: To:

2. The starting time of your "log reporting day" will be:  ___________

3. The applicant undertakes to broadcast the following minimum levels of Canadian content:

   6-Month Period	Broadcast Day (%)	6:00 P.M. to Midnight (%)
   From 1 September to end of February
   From 1 March to 31 August

Canadian programming commitment

7.5 Priority programming

Complete the table below to indicate your plans with respect to the priority program categories (refer to Public Notices CRTC 1999-97 and CRTC 1999-205).

The applicant undertakes to broadcast between 7:00 p.m. and 11:00 p.m., as a minimum, the following average number of hours per week of priority programming in each broadcast year of the proposed licence term:

7.6 Local reflection

Diversity of programming

Provide details about how you propose to contribute to the diversity of programming and how you intend to meet the demands and reflect the particular needs and interests of your local audience, including the number of hours per week of local news and other local programming you intend to provide for your station.

Accessibility

7.7 Closed captioning

1. Quantity of closed captioning

   1. Broadcasting Public Notice CRTC 2007-54, A new policy with respect to closed captioning, dated 17 May 2007 (Broadcasting Public Notice 2007-54), paragraph 17, states that English- and French-language broadcasters will be required to caption 100% of their programs (as defined in the Television Broadcasting Regulations, 1987). This requirement is subject to exceptions that take into account instances, but not patterns, of equipment/technical malfunctions and human errors that are beyond the broadcaster's control, or circumstances beyond the broadcaster's control where captioning may not be available.

      Paragraph 19 of Broadcasting Public Notice 2007-54 further states that "any requests for exceptions to the general policy will require the broadcaster to demonstrate, with specific and detailed supporting evidence, including financial information, at licence renewal or initial licensing, that it is impossible for it to meet the 100% captioning requirement and that a tailoring of the requirement is necessary."

      The applicant will, by condition of licence, ensure that all English and French programming during the broadcast day is captioned, in each year of the licence term.

      Yes (  ) No (  )

      If no, provide reasons, with specific and detailed supporting evidence, including financial information, as to why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

   2. In Broadcasting and Telecom Regulatory Policy CRTC 2009-430, Accessibility of telecommunications and broadcasting services, dated 21 July 2009 (the Accessibility Policy), at paragraph 75 the Commission stated that it intends to require, at the next time of issuing a licence, that all “advertising, sponsorship messages and promos are captioned”. Accordingly:

      1. The applicant will, by condition of licence, ensure that all advertising, sponsorship messages and promos in the English and French language are captioned by no later than the fourth year of the licence term.

         Yes (  ) No (  )

         If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

      2. Paragraph 75 of the Accessibility Policy further states the following: “when captions are available, the Commission expects broadcasters to provide viewers with a closed captioned version of all programming aired during the overnight period.” Accordingly, describe the extent to which you will provide viewers with a closed captioned version of all programming aired during the overnight period and your plan for doing so:

2. Quality of closed captioning

   The Accessibility Policy states that the Commission intends to require all television licensees to adhere to the standards being developed by the French- and English-language Working Groups through conditions of licence at the time of licence renewal. Moreover, as stated in the Accessibility Policy, in paragraphs 99-100, the Commission requires each television licensee to develop and submit, at the time of licence renewal, its own mechanisms and procedures related to the monitoring and quality control of closed captioning. Accordingly:

   1. The applicant will, by condition of licence, adhere to the closed captioning quality standards developed by the television industry's French- and English-language working groups, once approved by the Commission, and as amended from time to time.

      Yes (  ) No (  )

      If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

   2. The licensee will, by condition of licence, have a monitoring system in place to ensure that, for any signal that is closed captioned, the correct signal is captioned, the captioning is included in its broadcast signal, and this captioning reaches, in its original form, the distributor of that signal and, in the case of an over the air signal, the viewer. “Original form” means, at a minimum, that the captioning provided by the licensee reaches the distributor and the viewer unaltered, whether it is passed through in analog or in digital, including in high definition.

      Yes (  ) No (  )

      If no, provide reasons, including why resources are not available pursuant to section 3(1)p of the Broadcasting Act.

   3. Please submit a description of the monitoring system you will be putting in place in accordance with question b).

   4. As directed in paragraph 101 of the Accessibility Policy, please submit a description of the mechanisms and procedures that you will be putting in place regarding quality control of closed captioning, including procedures to ensure that closed captioning is present throughout the entire program. At a minimum, this description must set out the means by which the applicant intends to ensure that captioning errors are corrected before programming is rebroadcast.

3. Audio description

   1. As directed in Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009, paragraph 127, please confirm that the applicant will adhere, by condition of licence, to the requirement to provide audio description for all information programs and for news programming (that is, the voice-over of key textual, graphic design and still image elements, such as phone numbers, stock information, or weather maps that are posted on the screen).

      Yes (  ) No (  )

      If no, provide reasons, with specific and detailed supporting evidence, including financial information.

      If yes, as directed in paragraph 128 of Broadcasting and Telecom Regulatory Policy CRTC 2009-430, identify the measures the licensee will put in place (and by which date) to implement audio description effectively, including plans for staff training and the staff position responsible for ensuring the appropriate implementation of audio description.

4. Described video

   1. The applicant is technically capable of providing described video.

      Yes (  ) No (  )

      If no, explain what would be required to provide described video.

   2. As directed in the Accessibility Policy, in paragraphs 106 to 108, the licensee will, by condition of licence, provide described video for a minimum of four hours per week of programming, of which at least two hours is to be programming broadcast in described video for the first time on the service.

      Yes (  ) No (  )

      If no, provide reasons, including why resources are not available pursuant to section 3(1) of the Broadcasting Act.

   3. The Commission will allow services to fulfill their commitments for described video with programming from the following categories: 2(b) Long-form documentary; 7 Drama and Comedy; 9 Variety; and 11 General entertainment and human interest, as well as programming targeted to children. Will you be drawing from the above categories in order to fulfill your requirement of 4 hours of described video?

      Yes (  ) No (  )

   4. For any additional described programming beyond the 4 hours per week, please indicate the categories from which it will be drawn.

   5. As directed in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, published on 21 July 2009, in paragraph 122, the Commission has the following expectations on licensees:

      • broadcasters are to display a standard described video logo and air an audio announcement indicating the presence of described video before the broadcast of each described program; and
      • broadcasters are to make information available regarding the described programs that they will broadcast.

      Please describe how the applicant will fufill these expectations:

   6. Please describe any other mechanisms designed to make your services more accessible for people with disabilities.

Programming strategies and policies

7.8

Provide descriptions of the following:

1. Your approach to the presentation of Canadian programs including the priority program categories (Public Notices CRTC 1999-97 (Paragraph 29) and CRTC 1999-205, as amended from time to time).

2. Your strategies to develop new Canadian programming and new Canadian talent.

3. Your programming policies with respect to explicit violence, adult scenes and coarse language.

4. Your preparation for the introduction of digital transmission of conventional television and any digital technical and/or digital programming initiatives being undertaken.

Independent production

7.9

Provide information on the extent of contributions to the station's programming from the independent production sector, the extent to which such programming is drawn from the various regions of Canada, and the existence and nature of any local and/or regional development offices.

Ethnic programming

• Applicants are reminded to refer to the Ethnic Broadcasting Policy in Public Notice CRTC 1999-117, and consequent amendments to the Television Broadcasting Regulations, 1987, set out in Public Notice CRTC 2000-92.

• Applicants proposing to operate an ethnic station must answer questions 7.12, 7.13, and 7.14.

• Applicants proposing to operate a non-ethnic station should proceed to question 7.15.

7.10

In Public Notice CRTC 1999-117, the Commission stated that the primary responsibility of over-the-air ethnic radio and television stations should be to serve and reflect their local community and stated that "ethnic broadcasters would be expected, at the time of licensing and renewal, to provide plans on how they will reflect local issues and concerns during the terms of their licences."

Provide your plans relating to the above and indicate how you will subsequently evaluate your progress.

7.11

As set out in Public Notice CRTC 1999-117, the Commission will set, by condition of licence, the minimum number of ethnic groups that each ethnic radio and television station must serve and the minimum number of languages in which it must provide programming. The minimum number of distinct groups that a station must serve is established on the basis of the demographics of the community, the services already available and the degree of support shown by local community organizations. In addition, the Commission stated that it will also weigh the ability of ethnic stations to provide appropriate amounts of quality programming to these groups and that it will evaluate how this broad service requirement is met in light of the ethnic programming available from all stations in the market.

Provide your commitments in this area, keeping in mind that they may be imposed as conditions of licence.

7.12

Complete the following table relating to the broadcasting of ethnic and third-language programming during the aggregate of the broadcast days in each of the four- or five-week periods in the calendars to be approved by the Commission pursuant to section 9(1) of the Television Broadcasting Regulations, 1987.

In determining the languages of ethnic programming, DO NOT consider music, advertising and promotional content during a particular ethnic program. However, in calculating the actual duration of each program, count these elements.

Applicants must provide the following information with respect to all ethnic programming, including third-language programming.

Applicants proposing to operate a non-ethnic station with ethnic or third-language programming must answer the following question:

7.13

Complete the following table relating to the broadcasting of ethnic and third-language programming during the broadcast month.

Note that a "broadcast month" refers to the total number of hours devoted by the applicant to broadcasting during the aggregate of the broadcast days in a month. Percentages should be based on the total number of hours of programming broadcast by the station in a broadcast month.

In determining the languages of ethnic programming, DO NOT consider music, advertising and promotional content during a particular ethnic program. However, in calculating the actual duration of each program, count these elements.

Applicants must provide the following information with respect to all ethnic programming, including third-language programming.

7.14 Program description

Provide a description of each Canadian production identified in the Block Program Schedule provided as Appendix 7A. The table should be arranged by program category as per Schedule 1 of the Television Broadcasting Regulations, 1987 under the following headings: A: Local production, B: Co-production with independent producer(s), C: Canadian acquired, and D: Network programs, and should include the following information:

1. Program title (or working title);

2. CRTC 8-digit key figure(s) as per Schedule 1 of the Television Broadcasting Regulations, 1987;

3. Number of original and repeat episodes in the broadcast year;

4. Duration and schedule information;

5. Brief description, including language if other than English or French; and

6. Production organization that produced the program:

   1. Station Production

   2. Co-Production with independent producer(s)

   3. Acquisition from independent producers

   4. Network/Group Production (Note: such programs do not qualify as programs produced specifically for local audiences).

Supporting document to be appended:

Appendix 7A - Program schedule

A copy of the station's proposed Block Program Schedule, including the country of origin of all programs. In the Program Schedule, mark programs on the following basis (refer to Public Notices 1999-97 and 1999-205 for information regarding priority programs):

1. Priority programs with a "P";

2. Canadian regionally-produced priority programs with an "R";

3. Canadian entertainment magazine priority programs with an "E";

4. Programs produced specifically for local audiences with an "L"; and,

5. Network or group productions with an "N" or "G" as appropriate.

8. Inclusion of designated groups

8.1 Employment equity

Information relating to employment equity is available in Public Notice CRTC 1992-59, Implementation of an employment equity policy, dated 1 September 1992 and Public Notice CRTC 1997-34, Amendments to the Commission's Employment Equity Policy, dated 2 April 1997.

The Commission requires responses to questions regarding Employment Equity on behalf of the licensee as a whole, with reference to all of its employees in aggregate, that is, employees at all undertakings for which the licensee holds licences.

1. If the proposed undertaking is approved, would the licensee be subject to the Employment Equity Act (applicable to federally-regulated employers with 100 or more employees)?

   Yes (  ) No (  )

   If yes, proceed to question 8.2, "On-air Presence".
   If no, proceed to question b. of 8.1.

2. Outline examples of any measures (including hiring and training, apprenticeship programs, work arrangements, etc.) that you have or will put in place for the designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities).

3. Answer the following questions. if the licensee employs from 25 to 99 employees.

   1. How do you or will you communicate details of your employment equity policies to managers and staff?

   2. Have you assigned or will you assign a senior level person to be responsible for tracking progress and monitoring results?

      Yes (  ) No (  )

      If yes, what authority does or will that person have to ensure goals are achieved?

   3. What financial resources have you or will you put in place to promote employment equity in the workplace (for example, funds for daycare, access for persons with disabilities, etc.)?

8.2 On-air presence

Information relating to on-air presence and voice-overs is available in Public Notice CRTC 1994-69, Consultations Regarding On-air Job Categories to be Included in the Employment Equity Plans of Broadcasters, dated 10 June 1994 and Public Notice CRTC 1995-98, Amendment to Reporting Requirements for Employment Equity in On-air Positions, dated 19 June 1995.

1. Answer questions i. to ii. of 8.2a. if the licensee employs 25 employees or more:

   1. If the undertaking is approved, would the licence be held by a licensee that already holds one or more broadcasting licence(s)?

      Yes (  ) No (  )

   2. Outline policies and procedures in place, or plans in this regard, to ensure the representation of members of the four designated groups in on-air positions, including voice-overs, where applicable. These policies, procedures and plans should include references to programs produced by the applicant, as well as to acquired programming and advertising.

2. Answer question i. of 8.2b. if the licensee employs 100 employees or more:

   1. Provide the total number and percentage of on-air employees, including voice-overs, (full-time, part-time and temporary) from each designated group, as well as the total number of all on-air employees who were employed in the last year, in which reports were submitted to Human Resources Development Canada.

      Licensees are not required to provide data for each of the four job categories identified individually in the above-mentioned public notices, but rather for the four categories identified in aggregate.

      On-air employees	Number	%
      Women
      Aboriginal Peoples
      Persons with Disabilities
      Visible Minorities
      Total number of all on-air employees

8.3 Cultural diversity

1. If the licensee belongs to a corporate group that has filed a cultural diversity corporate plan and annual reports with the Commission

   1. Describe how the proposed service will implement the initiatives committed to in your cultural diversity corporate plan in the areas of corporate accountability, programming and community feedback.

   2. Describe how these activities will contribute to improving the reflection of the three groups that the Commission has identified, based on industry research, as being significantly under-represented on-screen: Aboriginal peoples, Asian-Canadians and persons with disabilities.

2. If the licensee does not belong to a corporate group that has filed a cultural diversity corporate plan with the Commission:

   1. Describe how the proposed programming (news and non-news) will reflect the presence of visible minorities, Aboriginal peoples and persons with disabilities, in the communities served, in a manner that is accurate, fair and non-stereotypical.

   2. Describe any specific commitments to initiatives designed to ensure an accurate and fair reflection and portrayal of all minority groups.

9. Request for documents to be designated as confidential

Sections 30 to 34 of the Rules of Procedure set out a process by which parties to Commission proceedings may file information on the record of a public proceeding in confidence.

A party filing information can “designate” it as confidential at the time it is filed with the Commission (section 31) if it falls into one of the following categories:

1. Information that is a trade secret;
2. Financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
3. Information the disclosure of which could reasonably be expected :
   1. to result in material financial loss or gain to any person;
   2. to prejudice the competitive position of any person; or
   3. to affect contractual or other negotiations of any person.

At the time that the party files the information it designates as confidential, it must provide an abridged version of the document along with an explanation of how the information falls into a category of information listed in section 31. The party must provide a detailed rationale to explain why the disclosure of the information is not in the public interest (section 32(1)).

The confidential version of the document must be filed separately and must be marked “confidential” on each page. If the document is filed electronically, each file containing confidential information must include “confidential” in the file name.

The abridged version of the document and the reasons for the designation of information as confidential will be placed on the public record of the proceeding.

Please consult Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, 23 December 2010, for the complete process for filing confidential information.

9.1 Request for documents to be designated as confidential

Are you requesting for some information to be designated as confidential?

Yes (  ) No (  )

If yes, you must provide a detailed rationale to explain why the disclosure of the information is not in the public interest:

Book of supporting documents

Documents should be submitted in an accessible format (Broadcasting and Telecom Information Bulletin CRTC 2015-242)

CRTC 102 (2015-06-11) - New - Commercial Television

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Date modified:

2015-06-11