Application to obtain a broadcasting licence to operate a distribution undertaking - Form 124

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 the 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 licence: Individual (  ) Regional (  )

Location(s) of undertaking(s): ________________________________________________________

Type of undertaking Terrestrial (  ) IPTV: Yes (  )  No (  )

Radiocommunication MTV (unscrambled) (  ) STV (scrambled) (  ) DTH (  ) Other (  ) Specify:

1.1 Identification of applicant

Individual ( ) 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.

   Name of the corporation 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. A list of shareholders holding 10% or more of the voting shares^{Footnote 6}, of the voting rights (when different from the voting shares), and of the Common^{Footnote 7} (participating) shares, by class of shares.

   Name of the corporation to 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)	No. Held	% of Votes	Canadian (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 to which the following table pertains: ______________

   Class of Shares	Shareholders	Total Number of Voting 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 licensee:

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

   Name of the corporation 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. A list of shareholders holding 10% or more of the voting shares^{Footnote 6}, of the voting rights (when different from the voting shares), and of the Common^{Footnote 7} (participating) shares, by class of shares.

   Name of the corporation to 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)	No. Held	% of Votes	Canadian (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 to which the following table pertains: ______________

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

2.3

Complete the same tables as in 2.2 for each corporation holding, directly and/or indirectly, 20% or more of the voting interest (shares and/or votes) of the corporations 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, a corporation which directly or indirectly controls the applicant and any shareholder holding 20% or more of the voting shares and/or rights of the applicant:

1. Other CRTC licence holder and exempted undertakings

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

6. Telecommunications company regulated under the Telecommunications Act

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

4. Service information

4.1

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

   Yes ( ) No ( ) N/A ( )

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

   Yes ( ) No ( )

   If no, explain.

4.2

Describe the proposed service area noting the name(s) of the secondary locations. In the case of a regional licence, provide this information for each of the undertakings:

4.3

Provide the number of households within the proposed service area(s). In the case of a regional licence, provide this information for each of the undertakings:

4.4

Provide the projected number of basic subscribers over three years for the service or, in the case of a regional licence, for each undertaking.

4.5

Indicate the geographical coordinates of the head end (terrestrial) if applicable, or the transmitter site (radiocommunication) as well as the nominal bandwidth capacity. In the case of an IPTV service, should the head end be located outside the service area, please designate, as a local head end, a specific location in each licensed area.

Interconnection

4.6

If an undertaking is fully interconnected with another undertaking, specify the primary location of this undertaking:

Distribution of services

4.7

Provide a list of proposed services to be distributed by the distribution undertaking: or, in the case of a regional licence, by each of the undertakings:

Note: An applicant that is awarded a licence will be required to provide, at the same time it informs the Commission that it is ready to commence operations, a website address where its distribution grid(s) is/are posted (refer to Broadcasting Information Bulletin CRTC 2009-384).

4.8

Reauthorizations and/or conditions of licence required in order to distribute certain proposed programming services listed at 4.7 - Distribution of Services?

Yes ( ) No ( )

If yes, provide proposed wording for each authorization and/or condition of licence requested. In the case of a regional licence, provide this information for each of the undertakings.

5. Additional information to be provided by applicants for a regional licence

5.1

If you wish to incorporate existing undertakings under a new regional licence, specify which undertakings you would like to include with reference to their original licence decisions.

5.2

The undertakings previously licensed are operating in compliance with the provisions of its (their) licence(s), the Broadcasting Act, all applicable regulations, policies and mandatory orders of the CRTC.

Yes ( ) No ( )

6. Locally originated programming

In Public Notice CRTC 1997-25 entitled New Regulatory Framework for Broadcasting Distribution Undertakings, the Commission indicated that it intended to give all terrestrial distributors the opportunity to present innovative proposals for providing outlets for local expression within the purview of the Act.

In addition, the Commission noted that the appropriateness of a distributor's proposal as a means of providing local expression would be assessed at the time of licensing or the licence renewal process.

6.1

In the event that no locally originated programming is proposed or that the proposed local expression initiatives are not eligible, confirm that a contribution of 5% of gross revenues derived from broadcasting activities will be directed to eligible Canadian funds as outlined in Public Notice CRTC 1997-98.

Yes ( ) No ( )

Where locally originated programming will be provided, please respond to questions 6.2 to 6.5.

6.2

Provide a brief description of the type of local expression initiatives which would be distributed:

6.3 Language of locally originated programming:

English ( ) French ( ) Other ( ) Specify:_______________________________

6.4

Is the local programming to be shared on a channel with another service:

Yes ( ) No ( )

If yes, specify:

6.5

Where locally originated programming is proposed, provide a brief description of:

1. studio equipment (including mobile or remote):

2. staff involved:

3. type and average number of hours per week of programming:

6.6 Community channel

1. The Commission has set out the provisions and requirements for community channels operated by terrestrial distribution undertakings in its Community Television Policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community Television Policy - Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010.

   Please confirm that the applicant will adhere to the applicable provisions (I.e. requirements, expectations and/or encouragements) set out in Broadcasting Regulatory Policies CRTC 2010-622 and 2010-622-1, by condition of licence.

   Yes ( ) No ( )

   If no, specify the requirements, expectations and/or encouragements you propose to amend with a detailed rationale in support of any such amendment, including, where appropriate, financial evidence, and propose wording for alternative requirements, expectations and/or encouragements

2. For the applicants that elect to distribute a community channel-outline, in the supplementary brief, how you will operate fully in accordance with the provisions set out in the Community Television Policy, particularly with respect to:

   1. Roles and objectives

   2. Local community television programming

   3. Community programming

   4. Access programming

   5. Accountability and reporting

3. For applicants that will provide community programming in the greater Toronto, Montréal and Vancouver areas, outline how you will reflect the various geographic communities within your licensed areas in these urban centers, and which commitments you will undertake:

6.7 Closed captioning

1. Paragraph 90 of Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010 states that the Commission intends to impose conditions of licence requiring licensed BDUs that operate community channels to caption 100% of original licensee-produced programming by the end of the next licence term. 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.

   Please comment on the captioning requirement as it relates to your service for the new licence term. If you are proposing an alternative to the 100% captioning requirement described above, please provide reasons, with specific and detailed supporting evidence, including financial information, to support your rationale for the captioning requirement you are proposing.

   Given the unique circumstances of community TV channels, please comment on the captioning requirement you are prepared to make, in light of Broadcasting Public Notice 2007-54. If you are proposing an alternative to the 100% captioning requirement, please provide reasons, with specific and detailed supporting evidence, including financial information, to support your rationale for the captioning requirement you are proposing.

   Please confirm that the licensee will adhere to the captioning requirement by condition of licence.

   Yes ( ) No ( )

2. Paragraph 90 of Broadcasting Regulatory Policy CRTC 2010-622, states that the Commission expects licensed BDUs to ensure that 100% of original access programming is captioned by the end of the next licence term.

   Please describe how the licensee will ensure that 100% of original access programming is captioned by the end of the new licence term.

6.8 Audio Description

1. As directed in Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, please confirm that the licensee will adhere, by condition li 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 Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, identify the measures the licensee will put in place (and by what date) to implement audio description effectively, including plans for staff training and the staff position responsible for ensuring the appropriate implementation of audio description.

7. Accessibility

7.1 Customer information, service and support

1. Promotion of disability-specific services and products

   1. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 56, the Commission requires terrestrial and direct-to-home (DTH) BDUs to promote information on all of their disability-specific services and products, in the accessible manner(s) of their choice.

      Will you meet this requirement?

      Yes ( ) No ( )

      If yes, describe the measures the licensee will undertake (and by what date) to ensure that this requirement will be fulfilled.

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

   2. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 57, the Commission requires terrestrial and DTH BDUs to incorporate an easy-to-find home page link to the special needs/disability sections of their websites, if their websites include such sections.

      Will you meet this requirement?

      Yes ( ) No ( )

      If yes, describe the measures the licensee will undertake (and by what date) to ensure that this requirement will be fulfilled.

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

2. Websites

   1. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 65, the Commission requires terrestrial and DTH BDUs to make the information on telecommunications and broadcasting services and products on their websites accessible to the point of providing a reasonable accommodation for persons with disabilities, with the service providers determining how to achieve this, by 23 July 2012. For examples of reasonable accommodation in relation to the customer service information on websites, consult paragraphs 66 and 67 of Broadcasting and Telecom Regulatory Policy CRTC 2009-430.

      Will you meet this requirement?

      Yes ( ) No ( )

      If yes, describe the measures the licensee will undertake (and by what date) to ensure that this requirement will be fulfilled.

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

   2. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 68, the Commission requires terrestrial and DTH BDUs to make accessible any customer service functions that are available solely over the service providers' websites, by 23 July 2012.

      Will you meet this requirement?

      Yes ( ) No ( )

      If yes, describe the measures the licensee will undertake (and by what date) to ensure that this requirement will be fulfilled.

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

   3. Please note that, as stated in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 68, where customer service functions on websites are not accessible, persons with disabilities must not incur a charge or otherwise be disadvantaged if they use an alternate channel of customer service to access those functions.

      Will you meet this requirement?

      Yes ( ) No ( )

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

3. General call centers

   1. According to Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 69, the Commission requires terrestrial and DTH BDUs to make their general call centers accessible to the point of providing a reasonable accommodation to persons with disabilities by a) training customer service representatives in handling enquiries from persons with disabilities, and familiarizing them with the service providers' products and services for persons with disabilities and b) making Interactive Voice Response systems accessible.

      Will you meet this requirement?

      Yes ( ) No ( )

      If yes, describe the measures the licensee will undertake (and by what date) to ensure that this requirement will be fulfilled.

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

7.2 Described video

1. Access to described video

   1. Pursuant to paragraph 118 in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, the licensee will as a condition of licence provide one or more simple means of accessing described programming, whether in an open or embedded format, that requires little or no visual acuity.

      Yes ( ) No ( )

      If yes, describe the measures the licensee will undertake (and by what date) to ensure that this requirement will be fulfilled.

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

2. Accessibility of the set-top box

   1. Consistent with Regulatory Policy CRTC 2009-430, paragraph 120, please describe efforts to procure and offer set-top boxes (STBs) accessible to subscribers with vision and fine motor skill disabilities.

3. Awareness of described programming

   1. As stated in Broadcasting and Telecom Regulatory Policy CRTC 2009-430, paragraph 122, the Commission expects BDUs to develop one or more means of identifying programming with described video in their electronic program guides. This could include an audio tone, a visual indicator, or the offer of an audio electronic program guide. In addition, the Commission expects BDUs to make information available in alternative formats to subscribers regarding, among other things, the programming and services offered and the channel line-up.

      Please describe how the licensee will fulfill these expectations, including any consultations with groups representing persons with disabilities held on these issues.

7.3 Other mechanism

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

8. Employment equity

Information relating to employment equity is available in Public Notices CRTC 1992-59 and 1997-34.

8.1

If the proposed undertaking is approved, would the licensee be subject to the 1996 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 8.2.

8.2

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

Yes ( ) No ( )

If yes, proceed to question 8.3.

If no, proceed to question 8.7 and 8.8.

8.3

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).

Questions 8.4 to 8.6 - applicable if between 25 and 99 employees only:

8.4

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

8.5

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?

8.6

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.)?

Questions 8.7 and 8.8 - applicable if response to questions 8.2 is "no"

8.7

To what extent will the proposed undertaking address the equitable representation of the four designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities)?

8.8

Does the proposed undertaking have an employment equity (EE) plan?

Yes ( ) No ( )

If yes, please describe the principal measures proposed to recruit and assist members of the four designated groups (for example, work arrangements, apprenticeship or training programs, career counselling, etc.).

If no, please provide a statement indicative of your commitment to develop and implement an effective EE plan.

9. Request for documents to be designated as confidential

Sections 30 to 34 of the Implementation of the new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 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 the Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, for 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 124 (2015-06-11) - New - Distribution

*** End of Document ***

Date modified:

2015-06-11