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Broadcasting Public Notice CRTC 2005-94
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Ottawa, 30 September 2005 |
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The Commission has received
the following applications. The deadline for submission of
interventions/comments is 4 November 2005. |
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Item |
Applicant and Locality |
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1. |
Canadian Satellite Radio
Inc.
Across Canada |
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2. |
SIRIUS Canada Inc.
Across Canada |
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3. |
CHUM Limited
Across Canada |
1. |
Across Canada
Application No. 2005-1067-9 |
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Application by Canadian
Satellite Radio Inc. to amend the licence of its satellite
subscription radio undertaking. |
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The licensee proposes the
addition of conditions of licence which reflect the following
commitments: |
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·1 from the date of service launch (planned for December
2005), a minimum of four of the eight Canadian programming channels
to be provided by CSR will be French language programming channels;
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·2 from the date of service launch, a minimum of two of the
four French language programming channels offered by CSR will be
musical programming channels;
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·3 if, during the thirty six (36) month period following
service launch CSR is able to add additional Canadian programming
channels, it will honour the principle of equality of linguistic
service in respect of any additional Canadian programming channels
it is able to offer;
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·4 if within that thirty six (36) month period from the date
of service launch CSR has exceeded by 25% or more its subscriber
projections, as filed in its licensing application, but has been
unable to introduce in that period at least two additional Canadian
programming channels (i.e., one English language, one French
language), CSR will commit from that date forward to provide 6% of
its gross service revenues (rather than 5%) to the support of
Canadian Talent Development ("CTD") initiatives. Such additional
funding for CTD initiatives shall be divided equally between French
and English language CTD initiatives.
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·5 CSR will work closely with the relevant Canadian agencies
in the field of emergency preparedness, and will be an active
participant in Canada’s Public Safety and Emergency Preparedness
programs.
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Licensee's address:
Canada Trust Tower
BCE Place
161 Bay Street
Suite 2300
Box 222
Toronto, Ontario
M5J 2S1
Fax: (416) 361-6018
Email: info@cdnsatrad.com |
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Examination of application:
At the licensee’s address |
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[Broadcasting intervention/comments form] |
2. |
Across Canada
Application No. 2005-1068-7 |
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Application by SIRIUS Canada
Inc. to amend the licence of its satellite subscription radio
undertaking. |
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The licensee proposes the
addition of conditions of licence which reflect the following
commitments: |
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The licensee will, from the date of launch of the service:
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·1 carry a minimum of four (of the eight Canadian programming
channels) French language programming channels;
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·2 carry a minimum of three (of the four French language Canadian
programming channels) French language music channels; and
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·3 work closely with the relevant Government agencies to
participate in Canada’s Public Safety and Emergency Preparedness
initiative.
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If, during the three years following launch, Sirius Canada
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·1 is able to increase the initial offering to ten original
Canadian channels, then those two channels will also maintain the
principle of equality, with one being in French and the other being
in English;
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·2 exceeds the subscriber projections that it filed with the CRTC
by 25%, it will either add two additional original Canadian channels
(one in French, one in English), or, (in the event it is unable to
provide those two additional channels), to commit a further 1% of
revenue towards CTD. That further 1% of revenue would also be
divided equally between French language and English language CTD
initiatives.
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Licensee's address:
c/o McCarthy Tetrault LLP
Toronto-Dominion Bank Tower
Box 48, Suite 4700
66 Wellington Street West
Toronto, Ontario
M5K 1E6
Fax: 416-868-0673
Email: GBUCK@MCCARTHY.CA |
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Examination of application:
At the licensee’s address |
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[Broadcasting intervention/comments form] |
3. |
Across Canada
Application No. 2005-1136-2 |
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Application by CHUM Limited,
on behalf of a corporation or a partnership to be established, to
amend the licence of its terrestrial subscription radio undertaking. |
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The licensee proposes to change
a number of conditions of licence as follows: |
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A. By replacing
condition of licence number 1, which states: |
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"1. The licensee shall distribute 50 audio channels, all of
which must be produced in Canada."
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The proposed new condition of
licence number 1 would read: |
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"A maximum of one non-Canadian audio channel may be packaged or
linked with each Canadian-produced audio channel. In no case may
subscribers to the licensee’s service be offered a package of audio
channels in which foreign-produced channels predominate. The licensee
must provide the Commission, upon request, with a complete list of all
non-Canadian audio channels distributed on its service."
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B. By replacing
condition of licence number 3, which states: |
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"3. A maximum of 10% of the programming distributed each week
on a French-language or English-language channel may consist of
programming that was originally broadcast on licensed A.M. or F.M.
stations."
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The proposed new condition of
licence number 3 would read: |
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"A maximum of 50% of the programming distributed each week on any
of the licensee’s Canadian-produced audio channels may consist of
programming that was originally broadcast on licensed A.M. or F.M.
stations.
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C. By replacing
condition of licence number 4, which states: |
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4. (1) For the purposes of this condition, "ethnic programming
period" means that portion of a broadcast week during which a
licensee broadcasts ethnic programs.
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(2) For the purposes of this condition, "Canadian selection"
means a musical selection
(a) that meets at least two of the following conditions, namely,
(i) the music is or lyrics are performed principally by a
Canadian,
(ii) the music is composed entirely by a Canadian,
(iii) the lyrics are written entirely by a Canadian,
(iv) the musical selection consists of a live performance that is
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(A) recorded wholly in Canada, or
(B) performed wholly in and broadcast live in Canada, and
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(v) the musical selection was performed live or recorded after
September 1, 1991, and a Canadian who has collaborated with a
non-Canadian receives at least fifty per cent of the credit as
composer and lyricist according to the records of a recognized
performing rights society;
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(b) that is an instrumental performance of a musical
composition that meets the conditions set out in subparagraph (a)(ii)
or (iii);
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(c) that is a performance of a musical composition that a
Canadian has composed for instruments only; or
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(d) that has already qualified as a Canadian selection under
regulations previously in effect.
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(3) The licensee shall, in a broadcast week, devote 10% or more
of its musical selections from content category 3 broadcast on
each channel to Canadian selections and schedule them in a
reasonable manner throughout each broadcast day.
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(4) Where 7 % or more of the musical selections broadcast by
the licensee on any channel during an ethnic programming period
are Canadian selections and are scheduled in a reasonable manner
throughout that period, condition of licence 4(6) shall apply only
in respect of those musical selections that are broadcast on that
channel during that part of the broadcast week that is not devoted
to ethnic programs.
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(5) The licensee may on any channel in a broadcast week, reduce
the percentage of its Canadian musical selections from content
category 2 referred to in condition of licence 4(6) to
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(a) not less than 20% if, in that broadcast week, the licensee
devotes 35% or more but less than 50% of all its musical
selections to instrumental selections; and
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(b) not less than 15% if, in that broadcast week, the licensee
devotes 50% or more of all its musical selections to instrumental
selections.
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(6) The licensee shall, on each channel, in a broadcast week,
devote 35% or more of its musical selections from content category
2 to Canadian selections broadcast in their entirety and schedule
them in a reasonable manner throughout each broadcast day.
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(7) For the purpose of this condition of licence, a montage is
deemed to be a Canadian selection broadcast in its entirety if
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(a) the total duration of the excerpts of Canadian selections
from content category 2 is greater than 50% of the total duration
of the montage; and
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(b) the total duration of the montage is four minutes or more.
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(8) The licensee shall, as an exception to the percentage of
Canadian musical selections set out in condition of licence 4(6)
above, on a channel where at least 90% of the musical selections
from content category 2 that it broadcasts are selections released
before 1 January 1981:
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·1 in that broadcast week, devote 30% or more of its
musical selections from content category 2 to Canadian
selections broadcast in their entirety.
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For purposes of this condition, the licensee will also be
responsible for specifying, on the music lists it provides to the
Commission, the year of release for all musical selections it
broadcasts.
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The proposed new condition of
licence number 4 would read: |
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"A minimum of 35% of the musical selections broadcast each week on
the licensee’s Canadian-produced audio channels, considered together,
must be Canadian."
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D. By replacing
condition of licence number 8, which states: |
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8. The licensee shall not broadcast any commercial messages.
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The proposed new condition of
licence number 8 would read: |
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"The licensee shall broadcast no more than six minutes of
national commercial messages during any clock hour on any
Canadian-produced channel. For purposes of this condition of licence
a "national commercial message" is a commercial message that is
purchased at a national rate and receives national distribution on
the service."
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E. By adding the
following conditions of licence: |
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"The licensee shall adhere to the provisions of the CAB’s
Broadcast Code
for Advertising to Children, as amended from time to time and
approved by the Commission."
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"In addition to the requirements in Condition of Licence No. 9, the
licensee shall, for any non-Canadian-produced channel that may be
identified by the Commission from time to time, adhere to the
provisions of sections 8(5) and (6) of the Radio Regulations, 1986."
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"For any non-Canadian produced channel, the licensee shall, at the
request of the Commission, submit for any period specified by the
Commission in its request, the following information for each musical
selection broadcast:
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(i) the name of the artist;
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(ii) the name of the album from which the musical selection
is taken and the number of the track;
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(iii) the year that the musical selection was released; and
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(iv) the version of the track, where multiple versions
exist.
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F. The licensee also proposes that condition of licence number
11 become condition of licence number 13, and be revised with the
addition of the term "Canadian musical selection", as follows:
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13. For the purposes of all of the conditions of licence set out
above, the terms "A.M. station," "broadcast day," "broadcast week,"
"Canadian musical selection," "commercial message," "content
category," "content subcategory," "ethnic program," "F.M. station,"
"licensed," "montage," and "musical selection," shall have the
meaning set out in section 1 of the Radio Regulations, 1986.
All times shall be determined according to the Eastern time zone.
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Licensee's address:
299 Queen Street West
Toronto, Ontario
M5V 2Z5
Fax: (416) 340-7005
E-Mail: peterm@chumlimited.com
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Examination of application:
At the licensee’s address |
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[Broadcasting intervention/comments form] |
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Public Participation |
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Deadline for Interventions/Comments |
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4 November 2005 |
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The intervention must be
received by the CRTC and by the applicant on or before the
above-mentioned date. The Commission cannot be held responsible for
postal delays. |
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Your intervention will be
considered by the Commission, and will form part of the public record of
the proceeding without further notification to you, provided the
procedure set out below has been followed. You will be contacted only if
your submission raises procedural questions. |
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Submit your written
intervention to the Secretary General of the Commission in only one
of the following formats: |
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by using the
Broadcasting Intervention/Comments Form
located below the description of each application within this public
notice |
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or |
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by mail to
CRTC, Ottawa, Ontario K1A 0N2 |
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or |
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by fax at
(819) 994-0218 |
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A true copy must be sent to the
applicant and proof that this has been done must accompany the
intervention sent to the Commission. |
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The Commission advises those
who file and serve by electronic mode to exercise caution when using
e-mail for service of documents or notification, as it may be difficult
to establish that service has occurred. |
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Before initiating service
through electronic mode, please ensure that you will be able to satisfy
the Commission, upon request, that service of the notification was
completed. |
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Where the intervention is filed
by electronic means, the line ***End of document*** should be entered
following the last paragraph of the document, as an indication that the
document has not been damaged during electronic transmission. |
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Each paragraph of the document
should be numbered. |
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Your intervention should
clearly identify the application and indicate whether you support or
oppose the application, or if you propose changes to it, include the
facts and grounds for your proposal. |
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Important |
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All information submitted,
including your email address, name and any other personal information as
provided, will become part of the public record and can be viewed on the
Commission’s Web site. |
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Documents sent in electronic
format will be put on the Commission’s Web site exactly as we received
them, and in the official language and format in which they are sent.
Documents not received electronically will be scanned and put on the Web
site. |
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Examination of Documents
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An electronic version of
applications is available from the Commission’s web site by selecting
the application number within this notice. |
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A list of all
interventions/comments will also be available on the Commission’s Web
site. An electronic version of all interventions/comments submitted will
be accessible from this list. To access the list, select "Lists of
interventions/comments" under "Public Proceedings" from the Commission’s
Web site. |
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Documents are also available
during normal office hours at the local address provided in this notice
and at the Commission offices and documentation centres directly
involved with these applications or, upon request, within 2 working
days, at any other CRTC offices and documentation centres. |
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 – TDD: 994-0423
FAX: (819) 994-0218 |
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Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 – TDD: 426-6997
FAX: (902) 426-2721 |
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205 Viger Avenue West
Suite 504
Montréal, Quebec H2Z 1G2
Tel: (514) 283-6607 |
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55 St. Clair Avenue East, Suite
624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096 |
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Kensington Building
275 Portage Avenue, Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 – TDD: 983-8274
FAX: (204) 983-6317 |
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Cornwall Professional Building
2125 – 11th Avenue, Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422 |
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10405 Jasper Avenue, Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224 |
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 – TDD: 666-0778
FAX: (604) 666-8322 |
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Secretary General |
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This document is available
in alternative format upon request, and may also be examined in PDF
format or in HTML at the following Internet site: http://www.crtc.gc.ca
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