Application to Obtain a Broadcasting Licence to Operate a Specialty Audio Programming Undertaking - Form 111

Sample form only: do not complete

This form is for reference purposes only. It is not to be completed in this format. To complete this form and submit it to the CRTC, download the MSWord format form here.

General instructions

In the Broadcasting info bulletin CRTC 2012-61, January 30th, 2012, the Commission sets out its new procedures regarding the number of applications for specialty audio programming services that it is prepared to consider from any one applicant at any one time. More specifically, the Commission announced that it is prepared to consider three (3) applications for new specialty audio programming services at any time, in any language, from any one applicant.

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 boldletters immediately following the question. You may add lines to thetables if necessary but do not alter or delete any text from thequestionnaire.

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.

Table 1 - Naming convention for the electronic documents
Document Electronic file name
The Covering Letter (if any) Doc1 - Cover Letter
The Application Form Doc2 - Form 111 "Application to Obtain a Broadcasting Licence to Operate a Specialty Audio Programming Undertaking"
Appendix 1A Doc3 - Appendix 1A - Supplementary Brief
Appendix 2A Doc4 - Appendix 2A - Constituting Documents (or drafts)
Appendix 2B Doc5 - Appendix 2B - Statement on Control of Applicant
Appendix 2C Doc6 - Appendix 2C - Delegation of Responsibility by Contract
Each confidential document Not Web - Doc - Confidential - "brief description of the document"
Each abridged version of each confidential document Doc - Abridged version - "same description of document for which confidentiality is requested"

1. General information

Name of proposed specialty audio service:

Areas where the service will be distributed:

National (  ) Regional (  ) Specify:_______________ Local (  ) Specify:_______________

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 CRTC Rules 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:

2.1

For the applicant, complete the following tables providing:

  1. A list of the directors and officers, including the Chief Executive Officer. The table should reflect the present or if not yet incorporated, the proposed board of directors and officers.

    Name of the corporation for 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. A list of shareholders holding 10% or more of the voting sharesFootnote 6, of the voting rights (when different from the voting shares), and of the CommonFootnote 7 (participating) shares, by class of shares.

    Name of the corporation for which the following table pertains: _____________

    Capital Structure and Shareholders
    Shares/ Units Participating
    (X)
    Votes Authorized Issued Name of ShareholdersFootnote 1
    (company: provide jurisdiction)
    (individual: provide complete home address)
    Licensee of BDU Footnote 8
    (X)
    No. Held % of Votes CanadianFootnote 2Footnote 5
    (X)
                       
  3. A breakdown between Canadian and non-Canadian of the remaining shares not accounted for in b), by class of shares.

    Name of the corporation for which the following table pertains: _____________

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

2.2

Complete the following tables for each corporation holding directly and/or indirectly 20% or more of the voting interest (shares and/or votes) of the applicant.

  1. A list of the directors and officers, including the Chief Executive Officer.

    Name of the corporation for 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. A list of shareholders holding 10% or more of the voting sharesFootnote 6, of the voting rights (when different from the voting shares), and of the CommonFootnote 7 (participating) shares, by class of shares.

    Name of the corporation for which the following table pertains: _____________

    Capital Structure and Shareholders
    Shares/ Units Participating
    (X)
    Votes Authorized Issued Name of ShareholdersFootnote 1
    (company:  provide jurisdiction)
    (individual:  provide complete home address)
    Licensee of BDU Footnote 8
    (X)
    No. Held % of Votes CanadianFootnote 2Footnote 5
    (X)
                       
  3. A breakdown between Canadian and non-Canadian of the remaining shares not accounted for in b), by class of shares.

    Name of the corporation for which the following table pertains: _____________

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

2.3

Provide the same tables as in 2.2 for any corporation holding directly and/or indirectly 20% or more of the voting interest (voting rights/shares) of the corporations listed in 2.2 b) and for any corporation forming part of their ownership chain.

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 2.1, 2.2 and 2.3 (provide draft documents where a corporation 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.

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 interest 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 applicant company

  6. Telecommunications company regulated under the Telecommunications Act

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

4. Programming

4.1 Nature of service

  1. Language:

    Language (✓)
    English  
    French  
    Bilingual -- English:  
    French:  
    Other (specify):  
  2. Provide a description of the target audience.

  3. Provide a brief description of service which you would accept as a condition of licence defining the nature of the proposed service, using the programming categories set out in Broadcasting Regulatory Policy CRTC 2010-819.

  4. Describe how the proposed service will differ from and complement conventional over-the-air radio services currently licensed in the applicant's targeted market(s).

4.2 Canadian content

The Commission will generally require specialty audio programming service licensees to adhere, by condition of licence, to the same Canadian content requirements as those set out in section 2.2 of the Radio Regulations, 1986 for over-the-air licensees: a minimum of 35% Canadian content for category 2 music, 10% for category 3 musical selections and, during ethnic programming periods, a minimum of 7% Canadian musical selections.

The Commission may accept lower levels of Canadian content in circumstances where the applicant clearly demonstrates that the nature of the service being proposed warrants such an exception or otherwise meets the objectives of section 3 of the Broadcasting Act.

  1. Will your proposed service meet the same Canadian content requirements as those set out in section 2.2 of the Radio Regulations, 1986? This requirement will be imposed by condition of licence.

    Yes ( ) No ( )

    If no,

    1. Indicate what is the level of Canadian content that you propose and that you would accept as a condition of licence:  __________ %

    2. Demonstrate that your proposed Canadian content level is reflective of available content, is appropriate to the nature of service being proposed and warrants an exception to section 2.2 of the Radio Regulations, 1986 or otherwise meets the objectives of section 3 of the Broadcasting Act.

  2. Demonstrate how your spoken-word programming will be mindful of the provisions of the Broadcasting Act which emphasize the importance of Canadian content on Canadian broadcasting services.

4.3 French vocal music

The Commission will require French-language specialty audio service licensees to adhere, by condition of licence, to the same French Vocal Music requirements as those set out in section 2.2 of the Radio Regulations, 1986 for over-the-air licensees: licensees shall devote 65% or more of the service's vocal musical selections from category 2 to French-language musical selections; and 55% or more of category 2 vocal musical selections broadcast between 6:00 a.m. and 6:00 p.m. Monday to Friday shall be French-language vocal music selections.

Will your proposed service meet the same French vocal music requirements as those set out in section 2.2 of the Radio Regulations, 1986? This requirement will be imposed by condition of licence.

Yes ( ) No ( )

If no,

  1. Indicate the level of French vocal music that you propose and that you would accept as a condition of licence:  _______ %.

  2. Demonstrate that your proposed French vocal music level is reflective of available content, is appropriate to the nature of the service being proposed and warrants an exception to section 2.2 of the Radio Regulations, 1986 or otherwise meets the objectives of section 3 of the Broadcasting Act.

4.4 Canadian talent development

Briefly describe how this service will promote and develop Canadian artistic and musical talent.

4.5 Industry codes

The licensee accepts, as condition of licence, to adhere to the following industry codes during all hours of broadcast:

  1. The Canadian Association of Broadcasters' Broadcast Code for Advertising to Children (Public Notice CRTC 1993-99, Revised Broadcast Code for Advertising to Children, dated 30 June 1993), as amended from time to time and approved by the Commission.

    Yes ( ) No ( )

    If no, provide reasons.

  2. The Canadian Association of Broadcasters' Equitable Portrayal Code (Broadcasting Public Notice CRTC 2008-23, Equitable Portrayal Code, dated 17 March 2008), as amended from time to time and approved by the Commission (to be suspended as long as the applicant is a member in good standing of the Canadian Broadcast Standards Council).

    Yes ( ) No ( )

    If no, provide reasons.

4.6 Other programming requirements

The licensee accepts, as a condition of licence, to adhere to the following sections of the Radio Regulations, 1986:

If you responded no to any of the above, provide reasons.

5. 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.

5.1 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)

Appendix Number and Name Appended
(Yes or No)
E-filed
(Yes or No)
Section 1: General Information
1A - Supplementary Brief
Section 2: Ownership
2A - Constituting Documents (or drafts)
2B - Statement on Control of Applicant
2C - Delegation of Responsibility by Contract    

CRTC 111 (2015-06-11) - New - Specialty Audio

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