Application to renew a broadcasting licence for a discretionary programming service (formerly Category A and B pay and specialty services)- Form 109

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.

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.

Applicants who need further information relative to CRTC processes can contact a specialist at
1-866-781-1911.

Important notice: 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.

All information with an * is required.

1. General information

1.1 Identification of the undertaking

1. * Name of the discretionary programming undertaking: _______________________
2. *Is the undertaking national or regional?
   • National ( ) Regional ( )
   • If regional, specify the service area(s): _______________________

1.2 Identification of applicant

Important notice: All information provided in this section will be displayed on the Commission website.

* Corporation ( ) Other ( ) Specify:

* Legal name of the entity who is authorized by the Commission to operate the television station(s):

* Name of the contact person representing the licensee:

* Title of the contact person representing the licensee:

* Address:

* City/Town:

* Province/Territory:

* Postal code (A1A 1A1):

* Telephone (999-999-9999): Ext:

Fax (999-999-9999):

* Email (yourname@yourdomain.com):

* Website (www.mycompany.com):

1.3 Sent by

* Name:

* Telephone (999-999-9999): Ext:

* Email (yourname@yourdomain.com):

1.4 Designated representative

I, _________________________, the applicant, hereby designate____________________ as my designated representative to complete, sign and file an application with the Canadian Radio-television and Telecommunications Commission and to sign and file a reply with respect thereto (if necessary) 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 (999-999-9999): Ext:
Fax (999-999-9999):
* Email (yourname@yourdomain.com):

1.5 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 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 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 (yyyy-mm-dd):

Witnessed by

Signature (a signature is not required when submitting electronically):
* Name:
* Date (yyyy-mm-dd):
* At: Example: city, province

2. Ownership

2.1 * Has the ownership information relating to the licensee and the legal entities forming part of its ownership structure been submitted through the Data Collection System (DCS) within 12 months from the date of the current application?

Yes ( ) No ( )

If no, complete the tables provided as Appendix 2A – Ownership Information, for the applicant and for every corporation that forms part of its ownership structure.

2.2 * Name of any Broadcasting Distribution Undertaking (BDU) to which the licensee is related (if applicable):

Note: “related” means that a BDU directly or indirectly controls more than 10% of the licensee’s voting shares.

3. Obtaining a copy of the application

* Submit a website address or an e-mail address where an electronic copy of the application may be requested:

Website (www.mycompany.com):

E-mail (yourname@yourdomain.com):

4. Other application(s) before the Commission

* Are there other applications before the Commission regarding this undertaking?

Yes ( ) No ( )

* If yes, specify the application number(s) and provide a short description of the application(s) (e.g. technical amendment, amendment to conditions of licence, ownership transaction):

5. Application

5.1 Procedural request

The CRTC Rules of Practice and Procedure, (Rules of Procedure) set out the process by which applications are processed by the Commission. They also allow an interested person to request that the Commission exercise a power under the Rules of Procedure or vary the procedure for a specific proceeding (sections 5 and 7). This is generally called a procedural request.

* 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:

5.2 Description of the undertaking

* Provide a brief one sentence description of the programming offered by the service (limit of 500 characters):

5.3 Language of the programming

* Indicate the language(s) of the programming broadcast on the undertaking by completing the table below. Note that a "broadcast month" refers to the total number of hours devoted by the service 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 service in a broadcast month.

5.4 Programming schedule

* Provide a website address where the weekly programming schedule of the discretionary programming undertaking can be viewed, including the different feeds or multiplexes as applicable:

5.5 Programming diversity

* Describe how the programming you offer contributes to the diversity of programming available in the Canadian broadcasting system. In so doing, describe any partnerships between your undertaking and the independent production sector as well as the programming you provide that would be considered to be programming of national interest, as defined in A group-based approach to the licensing of private television services (Broadcasting Regulatory Policy CRTC 2010-167).

5.6 Official Language Minority Communities (OLMCs)

In Report to the Governor in Council on English- and French-language broadcasting services in English and French linguistic minority communities in Canada, the Commission stated that it “considers that the representation of official-language minority communities (OLMC) on screen is essential to ensuring a suitable quality of service.” The representation of OLMC on screen is also part of the objectives in s. 3(1) of the Broadcasting Act.

1. * For the current licence term, describe your efforts in providing reflection of OLMCs, if any.
2. * For the next licence term, specify whether you have plans to provide or improve on the reflection of OLMCs on your service. If so, provide details.
3. * Provide a list of independent OLMC producers that have been met during the current licence term and the list of OLMC produced programs broadcast, if any.

5.7 Indigenous peoples

Section 3(1)(d)(iii) of the Broadcasting Act sets out that the Canadian broadcasting system: “through its programming and the employment opportunities arising out of its operations, serve the needs and interests, and reflect the circumstances and aspirations, of Canadian men, women and children, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of aboriginal peoples within that society”. In addition, section 3(1)(o) of the Act sets out that: “programming that reflects the aboriginal cultures of Canada should be provided within the Canadian broadcasting system as resources become available for the purpose”.

* In light of these objectives, specify whether you have plans to provide or improve the reflection of Canada’s Indigenous communities for the next licence term. If so, provide details.

6. Compliance

6.1 Compliance over the current licence term

* Over the current licence term, including any administrative renewal, was the undertaking operated in compliance with the conditions of its licence, the Broadcasting Act, and all applicable regulations of the Commission?

Yes ( ) No ( )

If no, provide the full details of any non-compliance during the current licence term, including any administrative renewal, and include the reasons for this non-compliance, any remedial action and, where applicable, the period of time expected before the undertaking is operating in compliance.

6.2 Compliance with standard requirements

* Confirm that you will adhere to the standard requirements set out in Appendix 2 to Broadcasting Regulatory Policy CRTC 2016-436 (Standard requirements for television stations, discretionary services, and on-demand services, 2 November 2016) (BRP 2016-436) by selecting “Yes” or “No” below.

Yes ( ) No ( )

If no, specify the conditions of licence, expectations, encouragements and/or definitions you propose to amend with a detailed rationale in support of any such amendments, including, where appropriate, financial evidence to support any exception to the standard requirements, and propose wording for alternative requirements as “APP - Doc4 -Appendix 1A - Conditions of licence, expectations, encouragements and definitions”.

6.3 Other conditions of licence, expectations, encouragements and definitions

* Confirm whether you will continue to adhere to all other conditions of licence, expectations, encouragements and/or definitions that are part of the current licence but not included in the standard requirements for discretionary services set out in Appendix 2 to BRP 2016-436.

Yes ( ) No ( )

If no, specify the conditions of licence, expectations, encouragements and/or definitions you propose to amend with a detailed rationale in support of any such amendments, including, where appropriate, financial evidence to support any exception to the standard requirements, and propose wording for alternative requirements as part of “APP - Doc4 - Appendix 1A - Conditions of licence, expectations, encouragements and definitions”.

6.4 Broadcast of adult programming

* Do you broadcast or plan to broadcast adult programming on your undertaking?

Yes ( ) No ( )

If yes, you are reminded that, as set out in expectations 7 and 8 of Appendix 2 to BRP 2016-436, licensees that broadcast adult programming are expected to provide their proposed internal policy on adult programming. If you are submitting your internal policy as part of your application, submit as “APP - Doc9 - Appendix 3 - Internal policy on adult programming”.

6.5 Industry codes

* Is the licensee a broadcaster associate in good standing of the Canadian Broadcast Standards Council?

Yes ( ) No ( )

If no, please explain:

7. Financial operations

7.1 Canadian Programming Expenditure

In Let’s Talk TV – The way forward – Creating compelling and diverse Canadian programming (Broadcasting Regulatory Policy CRTC 2015-86 – the Create Policy), the Commission determined that all licensed discretionary services with over 200,000 subscribers will be subject to Canadian programming expenditure (CPE) requirements, which will be established on a case-by-case basis and based on historical levels, with a minimum threshold of 10% of the previous year’s revenues.

Generally, licensees of discretionary services are provided with certain flexibilities in meeting this requirement. In particular, in each broadcast year of the licence term, excluding the final year, a licensee may expend an amount on Canadian programming that is up to 5% less than the minimum required expenditure for that year calculated in accordance with its condition of licence related to CPE. In such cases, a licensee will be required to expend in the next broadcast year of the licence term, in addition to the minimum required expenditure for that year, the full amount of the previous year’s under expenditure.

Additionally, in each broadcast year of the licence term, excluding the final year, where the licensee expends an amount for that year on Canadian programming that is greater than the minimum required expenditure, the licensee may deduct that amount from the minimum required expenditure in one or more of the remaining years of the licence term. Notwithstanding the above, during the licence term, the licensee shall expend on Canadian programming, at a minimum, the total of the minimum required expenditures calculated in accordance with the condition of licence.

* Given the foregoing, propose a minimum CPE requirement, based on the previous year’s revenues, that you will adhere to as a condition of licence and include all the relevant detailed calculations (which must include your historical CPE levels in order to validate this baseline) to demonstrate that this proposal is consistent with the Create Policy. Submit this information as “APP - Doc10 - Appendix 4 - CPE requirement”.

7.2 Projected annual revenues and expenses for the prospective licence term

* In accordance with Canadian Accounting Standards, complete the summary of the projected annual revenues and expenses for the prospective licence term using the attached Excel document. Submit the requested information in Excel format along with the application form and entitle the Excel document as follows: “APP - Doc11 - Appendix 5 – Name of service - Financial projections”. If a confidential version is filed, an abridged version of the document will also be required.

Refer to section 9 of the application form for information on what may be designated as confidential and procedures for requesting confidentiality.

7.3 Basic underlying assumptions for the financial projections

In the same Excel document, provide a detailed listing of all the basic underlying assumptions upon which the financial projections have been prepared in the specified field, including the methodology used to amortize program costs.

7.4 Tangible Benefits

* If a change of ownership and/or effective control has occurred during the current licence term, provide the CRTC Decision number or Administrative Approval Letter number where Commission approval was provided.

Yes ( ) No ( )

*If yes, CRTC Decision Number:

If a tangible benefits package was required, provide an update on the payment of the required benefits and any remaining balance as “APP - Doc17 - Appendix 6 - Tangible Benefits”.

8. Social and consumer policy

8.1 Closed captioning

1. * Submit a description of the monitoring system you will be putting in place in accordance with paragraphs 99-100 of Broadcasting and Telecom regulatory policy CRTC 2009-430 (Accessibility of telecommunications and broadcasting services, 21 July 2009), (the Accessibility Policy) and as required under condition of licence 13 of Appendix 2 to BRP 2016-436.
2. * As set out in paragraph 101 of the Accessibility Policy, 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. In accordance with paragraph 75 of the Accessibility Policy, and as set out in expectation 1 of Appendix 2 to BRP 2016-436, the Commission expects broadcasters to provide viewers with a closed captioned version of all programming aired during the overnight period, when captions are available.
   • * Describe your plans for the licence term to fulfill this expectation.
4. In accordance with Broadcasting Regulatory Policy CRTC 2015-104, (Navigating the Road Ahead – Making informed choices about television providers and improving accessibility to television programming, 26 March 2015) (BRP 2015-104), and as set out in expectation 2 of Appendix 2 to BRP 2016-436, the Commission expects that, at the time of their next licence renewals, each broadcaster will ensure that when programming with closed captioning on traditional platforms is made available on non-linear online platform, the closed captioning will be included.
   • * Describe how the applicant will fulfill this expectation.

8.2 Audio description

* As required under condition of licence 16 of Appendix 2 to BRP 2016-436, licensees must provide audio description for all key elements of Canadian information programs, including news programming. Audio description refers to announcers reading aloud the key textual and graphic information that is displayed on the screen during information programs.

Describe what quality measures, including training for on-screen personalities, are in place to ensure the effective provision of audio description.

8.3 Described video

1. In the Let’s Talk TV - Navigating the Road Ahead policy (BRP 2015-104), the Commission set out a tiered approach to ramp up the amount of described video being provided by television broadcasters, with the tiered requirements reflecting the size and resources of broadcasters. Specifically:
   1. By September 2019, broadcasters currently subject to described video requirements as well as those that belong to vertically integrated entities will be required to provide described video for programming broadcast between 7 p.m. and 11 p.m. (prime time), seven days a week. This requirement will apply to programs that fall into existing program categories that have been identified for described video8.
   2. By the fourth year of their respective next licence terms, all other non-exempt broadcasters will be required to provide four hours of programming with described video per week, consistent with existing requirements.
   • *Confirm that you will accept the above as a condition of licence. If not, provide detailed rationale why not.
2. In BRP 2015-104, the Commission indicated that it would expect that all content that was offered with described video at some point in the broadcasting system would be offered with described video when it is rebroadcast.
   • * Describe how you will fulfill this expectation.
3. As set out in expectation 3 of Appendix 2 to BRP 2016-436, the Commission expects licensees:
   • to display a standard described video logo and broadcast an audio announcement indicating the presence of described video before the broadcast of each described program (expectation 3a); and
   • to make information available regarding the described programs that they will broadcast (expectation 3b).
   • * Describe how you will fulfill these expectations.

8.4 Cultural diversity

1. * Describe how the proposed programming will reflect the presence of visible minorities, Indigenous peoples and people with disabilities, in the communities served, in a manner that is accurate, fair and non-stereotypical, consistent with expectation 4 of Appendix 2 to BRP 2016-436.
2. * Describe any specific commitments to initiatives designed to ensure an accurate and fair reflection and portrayal of all minority groups.

8.5 On-air portrayal of ethnocultural minorities, Indigenous peoples, and persons with disabilities

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, 10 June 1994).

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 Employment and Social Development Canada.
   • * Licensees are not required to provide data from each of the four job categories identified individually in the above-mentioned Public Notice CRTC 1994-69, but rather for the four categories identified in aggregate.

   On-Air Employees	Number	Percentage
   Women
   Indigenous peoples
   People with disabilities
   Visible minorities
   TOTAL number of ALL on-air employees

2. * Describe in detail the specific initiatives undertaken over the past licence term that are designed to improve the on-air representation of members of the four designated groups.

8.6 Employment equity

Information relating to employment equity is available in Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, and in Amendments to the Commission's Employment Equity Policy, Public Notice CRTC 1997-34, 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, total employees of all undertakings for which the licensee holds licences.

1. *Is the licensee subject to the Employment Equity Act (applicable to federally regulated employers with 100 or more employees)?
   • Yes ( ) No ( )
   • If yes, do not complete the remainder of this section.
   • If no, proceed to question b).
2. *Outline examples of any measures (including hiring and training, apprenticeship programs, work arrangements, etc.) that you have or will put in place to address the equitable representation of the four designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities).
   • Answer questions c. to e. if the licensee has between 25 and 99 employees
3. *How do you or will you communicate details of your employment equity policies to managers and staff?
4. *Have you assigned or will you assign a senior level person to be responsible for tracking progress and monitoring results?
   • Yes ( ) No ( )
5. *What financial resources have you or will you put in place to promote employment equity in the workplace?

9. Request for documents to be designated as confidential

Please consult the Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961 for the complete process for filing confidential information. Please note that Radio and Television and Pay and Specialty services have different disclosure guidelines.

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.

Another party or the Commission can request that the confidential information be disclosed, and the party who designated the information as confidential can reply to the request.

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

Yes ( ) No ( )

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

10. Documents to be appended to the application and naming conventions of electronic documents

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

The following documents must 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.

CRTC 109 (2022-08-24) – Application to renew a broadcasting licence for a discretionary programming service (formerly Category A and B pay and specialty services)

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Date modified:

2022-08-24