Form 301 - Amendment requests (excluding technical amendments) Part 1 proceedings

1. General information

Part 1 of the Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, provides the basic structure for a written proceeding that is initiated by an applicant who files an application with the Commission and serves any respondents. The Commission posts these applications on its website. The public is given an opportunity to file submissions as Interveners or Respondents within 30 days, and the applicant is given an additional 10 days to respond. The Commission examines all of the written submissions and issues a decision. These proceedings are generally referred to as “Part 1 proceedings.”

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 regulatory issues raised in the application and provides supporting documentation.

Electronic copy

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

Website (www.mycompany.com):

E-mail (yourname@yourdomain.com):

All information with an * is required.

 1.1 Type of application

Radio ( )
Television ( )
Distribution ( )

Radio

*Select the type of undertaking:

AM ( )
FM ( ) 
Specialty FM Format ( )

*Is this application to change or amend your format’s condition of licence?

Yes ( ) No ( )

*Other (Please Specify):

*Select the sub-type of undertaking:

Commercial ( )
Campus/Community
Native ( )
*Other ( ) please specify:

Television

*Select the type of undertaking:

Conventional ( )
Discretionary (formerly Category A and B pay and specialty services) ( )
On-Demand (formerly pay-per-view and video-on-demand) ( )
Satellite-to-cable ( )
*Other ( ) please specify:

Distribution

*Select the type of undertaking:

Cable (Terrestrial) ( )
IPTV (Terrestrial) ( )
RDU (Radiocommunication) ( )
SRDU (Radiocommunication) ( )
DTH (Satellite) ( )
*Other ( ) Please specify:

1.2 Identification of applicant

*Select the type of applicant:

Corporation ( ) Other ( ) Specify: ____________

* Name of legal entity who is authorized by the Commission to operate this undertaking:
* Call sign or name of service:
* Address:
* City/Town:
* Province/Territory:
* Postal code (A1A 1A1):
* Telephone (999-999-9999):
Facsimile:

1.3 Contact person representing the applicant (if there is no designated representative under 1.5)

* Name:
* Title:
* Email (yourname@yourdomain.com):
* Telephone (999-999-9999):

1.4 Sent by

*Name:
*Telephone (999-999-9999):
*Email (yourname@yourdomain.com):

1.5 Designated representative

*Is there a designated representative?

Yes ( ) No ( )

I, _________________________, the applicant, hereby designate _____________________ as my 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.

*Applicant Name:
*Designated Representative:
*Signature date:
*Date (yyyy-mm-dd):
*At: (Example: city, province)
*Address of designated representative:
*Title:
*Telephone (999-999-9999):
Facsimile (999-999-9999):
*Email (yourname@yourdomain.com):

1.6 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 any document filed pursuant to any request for further information by the Commission, are (will be) to the best of my knowledge and belief true in all respects.
3. The opinions and estimates given in this application, or 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, the broadcasting regulations and policies relevant to this application.

*Name:
*Signature date:
*Date (yyyy-mm-dd):

Witnessed by

* Name:
*Signature date:
*Date (yyyy-mm-dd):
*At: (Example: city, province)

2. Procedural Request

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 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, 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:

3. Description of application

1. * Provide a description of your application:
2. * Provide the rationale for the proposed amendment(s) including a clear and concise statement of the relevant facts as well as the grounds of the application:
3. * Provide the nature of the decision sought:
4. * Specify the CRTC decision number which last renewed your licence (or issued the licence), and any other relevant CRTC decisions in relation to your amendment:
5. *If this amendment is approved, will there be any programming changes as a result of this amendment?

Yes ( ) No ( )

If yes, please explain:

6. * Please describe the exceptional circumstances that lead you to file your application with the Commission despite the postponement of the review of any new radio applications or complaints announced in Change to the processing time for applications and complaints relating to radio undertakings, Broadcasting Information Bulletin CRTC 2023-278, 22 August 2023. Please note that if you do not answer this question, or if the nature of your request is not deemed exceptional, the review of your request may be deferred for a period of approximately two years during which the Commission establishes its regulatory plan to modernize the Canadian broadcasting system. Should the Commission determine that you have demonstrated with supporting evidence that exceptional circumstances justify processing your application, the Commission notes that the processing time may be longer than usual and as a result the Commission’s service objectives may not be met:

3.2 Accordance with Acts, Regulations and Policies

It is important to remember that no matter what type of application you are filing, it will be reviewed not only in light of the Acts and their regulations, but also in light of the Commission’s policies. Therefore, you must research any policies that might apply to your type of application and explain how the application addresses the policy. If your application proposes something that is not in line with the policy, you must explain why the policy is not appropriate in your circumstances. You may consult the related documents of your application under Forms and My CRTC Account for a list of Commission policies and regulations.

1. * Is this application for an amendment to a condition of licence to implement a regulatory policy of the Commission or to incorporate a standard condition?
   • Yes (  ) No (  )
   • If yes, please note that this type of application is generally dealt with using the administrative approach, which is described in Broadcasting Information Bulletin 2010-960 . However, if it raises concerns, the Commission may decide to process your application under a Part 1 proceeding or by publishing the application by way of a Notice of Consultation.
2. *Are there any Commission regulations, policies or practices that are relevant to your application?
   • Yes ( ) No ( )
   • If no, you must answer questions c. to e.
3. *List any Commission regulations, policies or practices that are relevant to your application:
4. *Is your application consistent with these regulations, policies or practices?
   • Yes (  ) No (  )
   • *If no, provide detailed rationale for why the Commission should grant an exception.
5. *Would you accept this amendment by condition of licence?
   • Yes (  ) No (  )
   • *If yes, provide proposed text for this condition of licence. If this is a standard condition of licence, or based on a similar condition of licence approved by the Commission in the past, include a citation of the relevant Commission policy or decision:
   • *If no, please explain why:

3.2 Other application(s) before the Commission

* Are there one or more 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).

4. Financial analysis and considerations

* 4.1 Will the proposed amendment(s) result in a change to existing financial projections?

Yes ( ) No ( )

* 4.2 Do you consider that your proposed amendment is necessary for the financial viability of your station?

Yes ( ) No ( )

If yes, you must complete questions a. and b. as well as section 4.3.

If no, please complete section 4.4

1. Please provide a summary of what competitive challenges your station faces:
2. What steps have you already taken to improve financial performance:

* 4.3 Please provide three years of financial projections (revenues and expenses), with and without approval of the proposed amendment(s) for:

Commercial television ( )
Community-based television programming service ( )
Commercial radio ( )
Campus, Community, Native or other radio  (    )

You must complete Appendix 1 and append it in section 7 of this application.

* 4.4 Will the proposed amendment have a financial impact on other stations in the market?

Yes ( ) No ( )

*If yes, please explain the financial impact on other stations:

Note that stations identified in this section will have to be included in section 5 (Respondents) of this application form.

5. Respondents

Pursuant to section 22(1)b) of the CRTC Rules of Procedure (“The Rules”), an application must be served on any respondent. A respondent is defined in section 1 of the Rules as “a person that is adverse in interest to an applicant”.

The onus is on applicants to clearly identify and provide service of the application to all respondents.

Determining who is a respondent to a particular application depends on the specific facts of the application. You can find additional information in the Guidelines on the CRTC Rules of Practice and Procedure, Information Bulletin CRTC 2010-959 that could greatly assist you in the determination of who could potentially be a respondent.

The table below lists the most common examples of respondents who must be served with an application. This list is not exhaustive, nor is it determinative, as the type of respondents may vary according to the particular circumstances of each application (e.g. technical, economic or other).

A person that believes it should have been served as a respondent may file a procedural request with the Commission requesting that they be considered as such. Such request may however cause delays in processing certain applications.

*In light of this table, have you provided service of your application on all respondents?

Yes ( ) No ( ) N/A ( )

*If yes, please fill in the chart below with the required information as stated in the Guidelines on the CRTC Rules of Practice and Procedure:

Pursuant to section 17 of the Rules, you must serve a person on or before the day you file the document with the Commission. Note that a document is not served until it is received by the intended recipient. Therefore, if you are serving a person by mail, you must send it in time for it to be delivered on or before the day you intend to file the document.

*If no, please explain why respondents were not served under the circumstances. (i.e. the application may cause the Commission to generate a call and the applicant would therefore be at a competitive disadvantage with potential applicants seeking the same frequency).

6. Request for documents to be designated as confidential

Sections 30 to 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.

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.

*Are you requesting for some 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:

7. Documents to be appended to the application and naming convention of electronic documents

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

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.

The document name should not exceed 100 characters or include any special characters (%, $, &, /, (), #, etc).
The document should not be submitted in .xhtml format.

CRTC 301 (2019-10-11) - Amendment requests (excluding technical amendments) Part 1 proceedings

***End of Document***

Date modified:

2023-09-12