Canadian Radio-television and Telecommunications Commission | Conseil de la radiodiffusion et des télécommunications canadiennes
 

Symbol of the Government of Canada
 

Application to Obtain a Broadcasting Licence
to Operate a Specialty Audio Programming
Undertaking

GENERAL INSTRUCTIONS


 
Applicants should consult the Commission's New Licensing Framework for specialty audio programming services in Public Notice CRTC 2002-53 dated 12 September 2002.
 
1.
 		 FILING
 

 		 •
 		 File electronically via Epass by attaching the application to the Cover Page, which is available on our web site under "File, Register and Epass". Epass allows secure transmissions to the Commission and also authenticates your identity. A signature is not required when using Epass. For more information, see Broadcasting Circular CRTC 2005-466, Electronic filing of applications.
 
 
 		 •
 		 When filing your application, please ensure that the file name of the documents attached to your application form reflects the ascending order in which they should appear on the public file and that each file name include a brief description of the document content. For example, "Doc1-brief description of document"; "Doc2-brief description of document", and so forth. This will ensure that the application and all related documents are presented in the correct order once they are made available for public viewing.
 

 		 •
 		 Applicants who are unable to file their application using Epass should contact the Commission’s Specialist, External Liaison, at (819) 953-4405, for information on alternate filing options.
 
2.
 		 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.
 

 		 •
 		 You must file the Application Brief, which includes the questions and responses, and the Book of Supporting Documents, identified as Appendices in the questionnaire.
 

 		 •
 		 The Application Brief, filed electronically or otherwise, must be divided into sections, and include the numbered questions, as set out in the questionnaire, each followed by the corresponding response.
 

 		 •
 		 If you wish to enhance or clarify your application, such information should be filed as a Supplementary Brief identified as APPENDIX 1A in the Book of Supporting Documents.
 
3.
 		 PUBLIC EXAMINATION FILE
 

 		 •
 		 Copies of the Commission's letters requesting further information and copies of your replies form part of the application and must be available for examination by the public.
 
4.
 		 CONFIDENTIALITY REQUESTS
 

 		 •
 		 Portions of the application may be treated as confidential, at your request, pursuant to section 20 of the CRTC Rules of Procedure.
 

 		 •
 		 The onus is on the applicant to request confidentiality for the information or material and to clearly demonstrate that the public interest will best be served by treating the information as confidential.  For further information, refer to Circular No. 429 dated 19 August 1998.
 

 		 •
 		 Applicants must ensure that documents that they request be treated as confidential are submitted in a separate electronic file and must incorporate confidential in the name of the file. It is incumbent upon applicants to clearly identify the confidential documents by indicating confidential on each page and, in such cases, to file an abridged version of the document.
 

For Commission's use

Application number

Canadian Radio-television and Telecommunications Commission

Application to Obtain a Broadcasting Licence
to Operate a Specialty Audio Programming Undertaking

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 PROPOSED LICENSEE (hereinafter the applicant)
 

 		 Individual (  )
 		 Company to be incorporated (  )
 

 		 Company (  )  
 		 Other (  ) Specify:  ____________________
 

 		 NAME:
ADDRESS:
FAX:
E-MAIL:

CONTACT PERSON REPRESENTING THE APPLICANT
(if there is no appointed agent under question 1.2)

NAME:
TITLE:
TELEPHONE:

Please indicate the E-Mail address and FAX number that should be specified in a Public Notice.

FAX:
E-MAIL:
 
1.2
 		 APPOINTMENT OF AGENT

I, _________________________, the applicant, hereby appoint _____________________ as my agent 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:
Signature:
ADDRESS OF AGENT:
TITLE:
TELEPHONE:
FAX:
E-MAIL:
 
1.3
 		 DECLARATION OF THE APPLICANT OR ITS APPOINTED AGENT 
 

 		 I, ___________________________________ SOLEMNLY DECLARE THAT:
 

 		 a)
 		 I am the ___________________________(representative/appointed agent) of the applicant named in this Application Brief and as such have knowledge of all matters declared therein.
 

 		 b)
 		 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.
 

 		 c)
 		 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.
 

 		 d)
 		 I have examined the provisions of the Broadcasting Act and the broadcasting regulations relevant to this application.
 

 		 AND I HAVE SIGNED

Signature:

Date:

WITNESSED BY

Signature:

Name (Printed):

Date:

At:
 
1.4
 		 EXAMINATION BY THE PUBLIC

Indicate a location(s), within the area to be served, where the application may be examined by the general public.

ADDRESS(ES):
 

2.  OWNERSHIP


 

 		 Definitions:

(1) NAME/SHAREHOLDER:  If any of these persons hold public office, by election or appointment, indicate the office held under the name of the person(s).
(2) CITIZENSHIP:  Specify Canadian or Non-Canadian.  A CANADIAN citizen, ordinarily resident in Canada, is as defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.
(3) DIRECTORS:  Defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.
(4) OFFICERS:  Those persons designated as Chairman, President, Chief Executive Officer, Vice-President, General Manager, Secretary, Assistant-Secretary, Comptroller, Treasurer, Assistant-Treasurer or any others under similar titles.
(5) CANADIAN:  If a corporation, CANADIAN means a "qualified corporation" as defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.)
(6) VOTING SHARES:  The shares to which are attached one or more votes, and includes securities that are convertible into such shares at all times at the option of the holder.
(7) COMMON SHARES:  The shares that represent the residual equity in the earnings of the corporation, and includes securities that are convertible into such shares at all times at the option of the holder and the preferred shares to which are attached rights to participate in the earnings of the corporation with no upper limit.
(8) LICENSEE OF BDU:  a shareholder currently licensed to operate a distribution undertaking.  See Public Notice 2002-53, "New licensing framework for specialty audio programming services", paragraph 73.
(9) APPLICANT/SHAREHOLDER: Refers to a person who has reached the age of majority.
 
2.1
 		 For the applicant, complete the following tables providing:
 

 		 a)
 		 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

NAME(1)

COMPLETE HOME
ADDRESS

CITIZENSHIP(2)

DIRECTORS(3):
DATE OF
APPOINTMENT

OFFICERS(4):
POSITION
HELD
              

 
b)
 
A list of shareholders holding 10% or more of the voting shares(6), of the voting rights (when different from the voting shares), and of the Common(7) (participating) shares, by class of shares.
 
 Name of the corporation for which the following table pertains: 

CAPITAL STRUCTURE AND SHAREHOLDERS 

Shares/
Units

Partici-
pating
(X)

Votes 

Authorized

Issued

Name of 
Shareholders(1)
(company:  provide
jurisdiction)
(individual:  provide
complete home address)

Licensee
of BDU(8)
(X)

No.
 Held

% of
Votes

Canadian(2)(5)
(X)
                             

 
c)
 
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

Canadian(2)(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.
 

 		 a)
 		 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

NAME(1)

COMPLETE HOME
ADDRESS

CITIZENSHIP(2)

DIRECTORS(3):
DATE OF
APPOINTMENT

OFFICERS(4):
POSITION
HELD
              

 
b)
 
A list of shareholders holding 10% or more of the voting shares(6), of the voting rights (when different from the voting shares), and of the Common(7) (participating) shares, by class of shares.
 
 Name of the corporation for which the following table pertains: 

CAPITAL STRUCTURE AND SHAREHOLDERS 

Shares/
Units

Partici-
pating
(X)

Votes 

Authorized

Issued

Name of 
Shareholders(1)
(company:  provide
jurisdiction)
(individual:  provide
complete home address)

Licensee
of BDU(8)
(X)

No.
 Held

% of
Votes

Canadian(2)(5)
(X)
                             

 
c)
 
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

Canadian(2)(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.
 

 		 a)
 		 Other CRTC licence
 

 		 b)
 		 Daily newspaper
 

 		 c)
 		 Non-daily newspaper or other media publisher
 

 		 d)
 		 Production or distribution of programming material
 

 		 e)
 		 Lessor of property, plant or equipment of applicant company
 

 		 f)
 		 Telecommunications company regulated under the Telecommunications Act
 

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

4.  DISTRIBUTION


 
4.1
 		 Have you entered into an agreement with one or more BDUs to distribute the proposed service?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, specify the BDU(s):
 
4.2
 		 How do you expect the proposed service to be distributed by the BDU(s)?
 

 
 		 Digital (  )
 		 Analog (  )
 

 		 If ANALOG, provide reasons.
 

5.  PROGRAMMING


 
5.1
 		 NATURE OF SERVICE
 

 		 a)
 		 Language of service
 

Language

(Ö)
 English  
 French  
 Bilingual --
             English:
             French:		  
 Other (specify language of
 programming):		  

 
b)
 
Provide a description of the target audience.
 

 		 c)
 		 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 Public Notice CRTC 2000-14.
 

 		 d)
 		 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).
 
5.2
 		 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.
 

 		 a)
 		 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,
 

 
 		 i)
 		 Indicate what is the level of Canadian content that you propose and that you would accept as a CONDITION OF LICENCE:  __________ %
 

 
 		 ii)
 		 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.
 

 		 b)
 		 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.
 
5.3
 		 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,
 

 		 a)
 		 Indicate what is the level of French vocal music that you propose and that you would accept as a CONDITION OF LICENCE:  _______ %.
 

 		 b)
 		 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.
 
5.4
 		 CANADIAN TALENT DEVELOPMENT
 

 		 Briefly describe how this service will promote and develop Canadian artistic and musical talent.
 
5.5
 		 INDUSTRY CODES

The Applicant accepts, as CONDITION OF LICENCE, to adhere to the following industry codes during all hours of broadcast:
 

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

 
 
 		 YES (  )
 		 NO (  )
 

 
 		 If NO, provide reasons.
 

 		 b)
 		 The CAB's Sex-Role Portrayal Code for Television and Radio Programming (Public Notice CRTC 1990-99 dated 26 October 1990), as amended from time to time and approved by the Commission.
 

 
 
 		 YES (  )
 		 NO (  )
 

 
 		 If NO, provide reasons.
 
5.6
 		 OTHER PROGRAMMING REQUIREMENTS

The Applicant accepts, as a CONDITION OF LICENCE, to adhere to the following sections of the Radio Regulations, 1986:
 

 
 		 •
 		 Section 3, related to "Broadcasting Content"
 

 
 
 
 		 YES (  )
 		 NO (  )
 

 
 		 •
 		 Section 4, related to the broadcasting of commercial messages dealing with alcoholic beverages
 

 
 
 
 		 YES (  )
 		 NO (  )
 

 
 		 •
 		 Section 6, related to "Political Broadcasts"
 

 
 
 
 		 YES (  )
 		 NO (  )
 

 
 		 •
 		 Section 7, related to "Ethnic Programs"
 

 
 
 
 		 YES (  )
 		 NO (  )
 

 
 		 •
 		 Section 8, related to "Logs and Records"
 

 
 
 
 		 YES (  )
 		 NO (  )
 

 
 		 •
 		 Section 9(2), related to the requirement to submit an annual return (standard filing requirements)
 

 
 
 
 		 YES (  )
 		 NO (  )
 

 
 		 •
 		 Broadcasting Licence Fee Regulations, 1997 (if the revenues exceed the threshold amount of $2 million)
 

 
 
 
 		 YES (  )
 		 NO (  )
 

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

BOOK OF SUPPORTING DOCUMENTS


 

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    


This document is available in alternative format upon request.
CRTC 111 (2006-03-02) - New - Specialty Audio
version française disponible
 

***End of Document***