Application to obtain a broadcasting licence to operate a discretionary programming undertaking (television) serving more than 200,000 subscribers – Form 125

General instructions

Filing

File electronically via My CRTC Account by attaching the application form 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 form in this manner are not required to submit a hard copy of the application form and related documents.

Instructions

The following application form is in HTML format and may be downloaded to the word processing software of your choice. This enables you to complete the downloaded application form 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 application form.

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

Applicants that have any questions related to this application form may contact a Commission 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, identifies all procedural requests in the application and provides supporting documentation.

All information with an * is required.

Purpose of the application form

The purpose of the form is to file an application for a broadcasting licence for a discretionary television programming undertaking (formerly pay and specialty services).

A discretionary programming undertaking that is not operating in accordance with all requirements set out in Broadcasting Order CRTC 2015-88 (the 2015-88 Order) must file an application for a broadcasting licence in order to continue its operations. A key requirement of the 2015-88 Order is that exempt discretionary services may not have a total number of subscribers that exceeds 210,000 for a period of more than three consecutive months. Please note that a previously exempt discretionary service that applies for a broadcasting licence may continue to operate until the Commission has rendered a decision on the application in question.

1. General information

1.1 Status of discretionary programming undertaking

*Is the discretionary programming undertaking for which you are submitting an application to obtain a broadcasting licence is currently operated as an exempt undertaking?

Yes ( ) No ( )

*If yes, provide the name of the discretionary programming undertaking as it appears on the list entitled Radio, TV and Cable Broadcasting Services that do and do not need a licence that is posted on the Commission’s website:

*If no, is the applicant applying to obtain a broadcasting licence due to its discretionary programming undertaking not being operated in accordance with all requirements set out in Broadcasting Order CRTC 2015-88?

Yes ( ) No ( )

*If yes, please explain the reasons why your discretionary programming undertaking is not in compliance with all requirements set out in Broadcasting Order CRTC 2015-88:

1.2 Identification of applicant

IMPORTANT NOTE: All information provided in this section will be posted on the Commission's Website.

*Corporation ( ) Other ( ) Specify:

* Legal name of the entity operating this undertaking or the name of the owner of the entity to be incorporated:

*Name of the contact person representing the applicant:

*Title of the contact person representing the applicant:

* Address:

* City/Town:

* Province/Territory:

* Postal code (A1A 1A1):

* Telephone (999-999-9999):  Ext:

Facsimile (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 registration form 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:
Facsimile (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. Proof of subscriber numbers

1. Confirm that the undertaking maintained at least 210,000 subscribers for a period of more than three consecutive months before filing this form.
   
   

   * I confirm (  )

2. * As “Appendix 2 – ABRIDGED VERSION/CONFIDENTIAL – Proof of subscriber numbers”, for each broadcasting distribution undertaking (BDU) distributing your programming undertaking, please file a letter signed by the BDU or any other document confirming the information below:
   1. The name of the BDU;
   2. The BDU service area where the programming undertaking is offered;
   3. The total number of subscribers to the programming undertaking on the last day of each of the three months preceding the date on which the letter was signed.

3. Ownership

* Is the applicant part of a group that participates in the Broadcasting Ownership Information Annual Filing (BOIAF) program?

Yes ( ) No ( )

If yes, provide the following information:

1. Name of the group that participates in the BOIAF program:
2. Date of the most recent annual filing (yyyy/mm/dd):

Please confirm that pursuant to the Specialty Services Regulations, 1990, no changes requiring the applicant to file a change notification or prior Commission approval have been made since the last filing of ownership information.

*I confirm ( )

If changes were made since the last filing of ownership information, you must complete the tables provided as Appendix 3A – Ownership Information for the applicant and for every corporation that forms part of its ownership structure.

4. Procedural request

The Rules of Practice and 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 change the Rules of Procedure for a specific proceeding (sections 5 and 7). This is generally called a procedural request. You may consult the Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959 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, 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. Application

5.1 Name and type of discretionary programming undertaking

1. * Name of the discretionary programming undertaking:
2. * Specify the type of discretionary programming undertaking you currently operate:

   National News ( ) General interest sports ( ) Other ( )

3. * Is the undertaking national or regional?

   National ( ) Regional ( ) Specify the service area(s): ____________

4. * Provide a brief one sentence description of the service’s programming (limit of 500 characters):
5. * Indicate the language(s) of the programming to be broadcast on the undertaking by completing the table below:

   Language	Percentage

6. * Name of any Broadcasting Distribution Undertaking (BDU) to which the undertaking is related (if applicable):

   Note: “related” means a programming undertaking to which a BDU controls more than 10%.

7. * Name of the service provider:

5.2 Programming schedule

* Provide a website address for the weekly programming schedule of the discretionary programming undertaking:

OR

* Provide an electronic copy of the weekly programming schedule of the discretionary programming undertaking as “Appendix 4 – Programming schedule.”

5.3 Compliance with standard conditions of licence

Please choose the terms and conditions that apply to the type of undertaking for which you are seeking a licence:

Discretionary programming undertaking other than national news or mainstream sports

Please confirm that you will abide by 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) by selecting “Yes” or “No” below.

*Yes ( ) No ( )

If no, specify the conditions of licence, expectations and/or encouragements 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 Appendix 1A – Conditions of licence, expectations and encouragements.

National news undertaking

Please confirm that you will abide by the standard conditions of licence set out in the Appendix to Broadcasting Regulatory Policy CRTC 2015-436 (Revised standard conditions of licence for Canadian discretionary services operating as national news services, 23 September 2015) by selecting “Yes” or “No” below.

*Yes ( ) No ( )

If no, specify the conditions of licence, expectations and/or encouragements 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 Appendix 1A – Conditions of licence, expectations and encouragements.

Mainstream sports undertaking

Please confirm that you will abide by the standard conditions of licence set out in Appendix 1 to Broadcasting Regulatory Policy CRTC 2009-562-1 (Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news – implementation of the Accessibility Policy and other matters, 18 June 2010) by selecting “Yes” or “No” below.

* Yes ( ) No ( )

If no, specify the conditions of licence, expectations and/or encouragements 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 Appendix 1A – Conditions of licence, expectations and encouragements.

5.4 Broadcast day

Choose one of the following options:

1. The 18-hour period beginning each day not earlier than six o’clock in the morning and ending no later than one o’clock in the morning of the following day. ( )

   Your “broadcast day” will begin at 06:00 or _________________.

   Your “log reporting day” will begin at 06:00 or _________________.

2. The 24-hour period beginning at 06:00 or _________________ each calendar day ( ) (this time will indicate the start of both the “broadcast day” and the “log reporting day”)

6. 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.

*Propose a CPE requirement 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 – Doc 11- Appendix 5 - CPE requirement”.

7. Obtaining a copy of the application

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

Website: (www.macompagnie.com):

E-mail: (votrenom@votredomaine.com):

8. 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):

9. Request for documents to be designated as confidential

Sections 30 and 34 of the Implementation of 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.

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.

Please consult the Procedures for filling 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.

*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 may 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.

This document is available in alternative format upon request.

CRTC 125 (2018-04-04) – Application to obtain a broadcasting licence to operate a discretionary programming undertaking (television) serving more than 200,000 subscribers – Form 125

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Date modified:

2021-07-28