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Application to Renew a Broadcasting Licence
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| 1. |
FILING
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| |
• |
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.
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| 2. |
INSTRUCTIONS |
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| |
• |
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. |
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• |
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. |
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| 3. |
PUBLIC
EXAMINATION FILE |
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| • |
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.
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| 4. |
CONFIDENTIALITY REQUESTS |
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| • |
Portions of the
application may be treated as confidential, at your request, pursuant to section
20 of the CRTC Rules of Procedure. |
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| • |
The onus is on the
licensee 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. |
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For Commission's use |
Canadian Radio-television and Telecommunications CommissionApplication to Renew a Broadcasting Licence
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| NAME OF
SERVICE: |
||
| TYPE OF UNDERTAKING: |
National ( ) |
Regional ( ) Specify: |
| VOD ( ) | Terrestrial PPV (
) DTH PPV ( ) |
|
| 1.1 |
IDENTIFICATION OF LICENSEE NAME: ADDRESS: FAX: E-MAIL: CONTACT PERSON REPRESENTING THE LICENSEE |
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| 1.2 |
APPOINTMENT OF AGENT I, _________________________, the licensee, 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: |
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| 1.3 |
DECLARATION OF THE
LICENSEE OR ITS APPOINTED AGENT |
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| I,
___________________________________ SOLEMNLY DECLARE THAT: |
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| a) |
I am the
___________________________ (representative/appointed agent) of the licensee
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. |
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| d) |
I have examined the
provisions of the Broadcasting Act and the broadcasting regulations
relevant to this application. |
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AND I HAVE SIGNED Signature: Date: WITNESSED BY Signature: Name (Printed): Date: At: |
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| 1.4 |
EXAMINATION BY THE
PUBLIC
Indicate a location or locations, within the area served, where the application may be examined by the general public. ADDRESS: |
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| 1.5 |
COMPLIANCE
The undertaking is being operated in compliance, over
the licence term, with the provisions of its licence, the Broadcasting Act,
and all applicable regulations of the CRTC. |
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| YES ( ) |
NO ( ) |
||
| If NO, provide the full
details of any non-compliance during the licence term, including the reasons, any
remedial action and, where applicable, the period of time expected before the
undertaking is operating in compliance. Date: At: Signature of Licensee or its appointed agent: |
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| 1.6 | SAME TERMS, CONDITIONS
AND DEFINITIONS |
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| The licensee proposes to
operate this undertaking under the same terms, conditions and definitions as
specified in the current licence and in the last renewal decision or, if there
has been no renewal in the initial licensing decision, and as specified in any
subsequent written approvals granted during the term of its current licence |
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| YES ( ) |
NO ( ) |
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| If NO, specify which
condition(s) of licence you are proposing to amend and why. Date: At: Signature of Licensee or its appointed agent: |
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2. OWNERSHIP
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Definitions:
(1)
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.
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For the licensee: |
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| 2.1
|
Complete the following tables providing: |
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| a) |
A list of
the directors and officers, including the Chief Executive Officer. |
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| Name of the corporation for which the following table pertains: | ||||
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DIRECTORS AND OFFICERS |
||||
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Name |
Complete |
Citizenship |
Directors: |
Officers: Position Held |
b) |
A list of shareholders holding 10% or more of the voting shares(1), of the voting rights (when different from the voting shares), and of the Common(2) (participating) shares, by class of shares. |
| Name of the corporation for which the following table pertains: | ||||||||
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CAPITAL STRUCTURE AND SHAREHOLDERS |
||||||||
|
Shares/ |
Participating |
Votes
|
Authorized |
Issued |
Name of Shareholders |
No. |
% of |
Canadian |
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 |
Shareholders |
Total Number of |
% of |
Canadian |
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: |
|
| 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 |
Complete |
Citizenship |
Directors: |
Officers: Position Held |
b) |
A list of shareholders holding 10% or more of the voting shares(1), of the voting rights (when different from the voting shares), and of the Common(2) (participating) shares, by class of shares. |
| Name of the corporation for which the following table pertains: | ||||||||
|
CAPITAL STRUCTURE AND SHAREHOLDERS |
||||||||
|
Shares/ |
Participating |
Votes |
Authorized |
Issued |
Name of Shareholders |
No. |
% of |
Canadian |
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 |
Shareholders |
Total Number of |
% of |
Canadian |
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 listed in 2.2 b), and for any corporation forming part of their ownership chain. |
|
SUPPORTING DOCUMENT TO BE APPENDED: |
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| APPENDIX 2A: |
A copy of
all changes or amendments to the constituting documents (for example, Letters
Patent, By-Laws, etc.) of the licensee and of the corporations listed in 2.2 and
2.3, that are not already filed with the Commission. |
||
|
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3. INDUSTRY CONSOLIDATION AND
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| 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 licensee, a
corporation which directly or indirectly controls the licensee and any
shareholder holding 20% or more of the voting shares and/or rights of the
licensee. |
|
| a) |
Other CRTC
licence holder and exempted undertakings |
|
| b) |
Daily
newspaper |
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| c) |
Non-daily
newspaper or other media publisher |
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| d) |
Production
or distribution of programming material |
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| e) |
Lessor of
property, plant or equipment of licensee |
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| f) |
Telecommunications company regulated under the Telecommunications Act |
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| g) |
Company
owning securities in any of categories (a) to (f) |
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4. FINANCIAL OPERATIONS
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| 4.1 |
Please indicate the name of the
independently-administered production fund to which 5% of your annual gross
revenues will be contributed. |
| 4.2 |
Confirm that the proposed service will not exhibit
any commercial messages (excluding network identifications, public service
announcements, production credits, promotions of service and promotions of
programs to be exhibited) on any channel of the proposed service. |
||
| YES ( ) |
NO ( ) |
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|
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5. PROGRAMMING
|
| NATURE
OF SERVICE |
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| 5.1 |
Language: |
|
Language |
(Ö) |
| English | |
| French | |
| Bilingual -- English: French: |
|
| Other (specify): |
% |
5.2 |
Does your service target an ethnic group(s)? |
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| YES ( ) |
NO ( ) |
|||
| If YES,
please indicate % of ethnic programming as defined in Public Notice CRTC
1999-117: ___________%. |
||||
| CANADIAN
CONTENT |
||||
| 5.3 |
Provide a
sample list of titles, indicating the program category of each. Please
indicate all in-house productions with a "p", co-productions with a "c", acquired
productions with an "a", closed captioned programs with a "cc" and described
programs with a "d". |
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| 5.4 |
For VOD service only |
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| Will you
maintain as a CONDITION OF LICENCE for a period of one year, and submit at
the request of the Commission, a detailed list of inventory available on each
file server identifying each program by programming category, by country of
origin, and whether it is captioned and/or described and indicate the period of
time that each title was on the server and available to subscribers? |
||||
| YES ( ) |
NO ( ) |
|||
| If NO,
justify. |
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| 5.5 |
Provide the
number of Canadian titles to be made available to customers on a weekly, monthly
and yearly basis: |
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|
Weekly |
Monthly |
Yearly |
|
| Feature Films | |||
| All other programming |
5.6 |
Provide the overall number of titles to be made available to customers on a weekly, monthly and yearly basis. |
|
Weekly |
Monthly |
Yearly |
|
| Feature Films | |||
| All other programming |
5.7 |
Provide, as a percentage of total offerings, the number of non-Canadian titles, by country of origin, to be exhibited each year of the proposed licence term. |
|
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 4 |
YEAR 5 |
YEAR 6 |
YEAR 7 |
|
| United States | |||||||
| United Kingdom | |||||||
| France | |||||||
| Other (Specify) |
| 5.8 |
Will the
exhibition window given to Canadian titles be at least equal to the minimum
window given to non-Canadian titles? |
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| YES ( ) |
NO ( ) |
|||
| If NO,
provide rationale. |
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| 5.9 |
Will
Canadian titles be available evenly during all time periods (week, month, year)
within which the proposed service is to operate? |
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| YES ( ) |
NO ( ) |
|||
| If NO,
provide rationale. |
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| 5.10 |
a) |
Will the
service continue to exhibit any Canadian title that is performing as well, or
better than, any non-Canadian title that is also offered at the same time? |
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| YES ( ) |
NO ( ) |
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| b) |
Describe how
the level of performance will be measured: |
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| 5.11 |
Will
Canadian titles be marketed and promoted as much as non-Canadian titles? |
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| YES ( ) |
NO ( ) |
|||
| 5.12 |
For VOD service only |
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| The licensee
accepts, by CONDITION OF LICENCE, to maintain availability of the
following MINIMUM levels of Canadian Content: |
||||
| • |
5% or more
English-language films will be Canadian: |
|||
| YES ( ) |
NO ( ) |
|||
| • |
8% or more
French-language films will be Canadian: |
|||
| YES ( ) |
NO ( ) |
|||
| • |
20% or more
of all non-feature films titles will be Canadian: |
|||
| YES ( ) |
NO ( ) |
|||
| • |
All suitable
Canadian films that meet the Industry Code of Programming Standards and
Practices governing pay, pay-per-view and video-on-demand services will be
available: |
|||
| YES ( ) |
NO ( ) |
|||
| • |
All suitable
Canadian films will be available: |
|||
| YES ( ) |
NO ( ) |
|||
| • |
25% or more
titles promoted on barker channel will be Canadian: |
|||
| YES ( ) |
NO ( ) |
|||
| If NO to any
of the above, provide an alternative and explain rationale. |
||||
|
For PPV service only |
||||
| The licensee
accepts, by CONDITION OF LICENCE, to maintain availability of the
following MINIMUM levels of Canadian Content: |
||||
|
If the
licensee offers English-language programming, the licensee shall ensure that its
agreements with the operators of licensed or exempt terrestrial distribution
undertakings operating in non-francophone markets provide that, in each broadcast
year, the following is made available by these licensees to their PPV
subscribers: |
||||
| • |
a minimum of
12 Canadian feature films (including all new Canadian feature films suitable for
PPV exhibition that meet the Pay television standards and practices code); |
|||
| • | a minimum of
four English-language Canadian-based events; and |
|||
| • | yearly
minimum percentages of Canadian programming as follows: 5% of feature film
titles, and 20% of all program titles other than feature films. |
|||
| YES ( ) |
NO ( ) |
|||
| If the
licensee offers French-language programming, the licensee shall ensure that its
agreements with the operators of licensed or exempt terrestrial distribution
undertakings operating in francophone markets provide that, in each broadcast
year, the following is made available by these licensees to their PPV
subscribers: |
||||
| • | a minimum of
20 Canadian feature films in the original French-language version, or dubbed in
French, which have been exhibited in theatres in French-language markets,
including all new Canadian feature films suitable for PPV exhibition that meet
the Pay television standards and practices code; |
|||
| • | a minimum of
six French-language events in each of years one and two of operation, eight in
each of years three and four; ten in each of years five and six; and twelve in
year seven of operation; and |
|||
| • |
yearly
minimum percentages of Canadian programming as follows: 8% of feature film
titles, and 20% of all program titles other than feature films. |
|||
| YES ( ) |
NO ( ) |
|||
| If NO to any
of these questions, provide an alternative and explain rationale. |
||||
| 5.13 |
The licensee
accepts, by CONDITION OF LICENCE, the following financial commitments: |
|||
| • |
5% of gross
annual revenues, as defined in Decisions CRTC 2000-733 to 2000-736 dated 14
December 2000, will be given to an existing independently administered Canadian
program production fund: |
|||
| YES ( ) |
NO ( ) |
|||
|
For VOD service only |
||||
| • |
Will remit
100% of gross revenues earned from exhibition of all Canadian films to their
rights holders: |
|||
| YES ( ) |
NO ( ) |
|||
| If NO to any
of the above, provide an alternative and explain rationale. |
||||
|
PROGRAMMING POLICIES |
|
| NOTE: |
Applicable to all
channels, including any barker or preview channel. |
| 5.14 |
Has the
licensee purchased, or does the licensee
intend to purchase, any programming on an exclusive basis? |
|||
| YES ( ) |
NO ( ) |
|||
| If YES,
justify. |
||||
| 5.15 | For a VOD
service only |
|||
| Public
Notice CRTC 2000-172, Introductory statement to Decisions CRTC 2000-733 to
2000-738: Licensing of new video-on-demand (VOD) and pay-per-view (PPV)
services, states: |
||||
| "The
Commission considers that it would be consistent with the nature of VOD services
to permit the VOD services to offer programming packages where the total period
during which the programming may be viewed does not exceed one week. " |
||||
| Please
confirm that all program packages will not exceed one week: |
||||
| YES ( ) |
NO ( ) |
|||
| For a PPV
service only |
||||
|
In Public Notice CRTC 2000-172, Introductory
statement to Decisions CRTC 2000-733 to 2000-738: Licensing of new
video-on-demand and pay-per-view services, the Commission stated that PPV
services offering programming packages must ensure that the total period during
which the programming is to be viewed does not exceed one week. However, in
light of the likely competitive pressure on PPV services to experiment arising
from the launch of VOD services, the Commission considered it important that PPV
services have as much packaging flexibility as VOD services. |
||||
|
The Commission noted that some packages of events
programming, such as seasonal sports or a Christmas concert series, make
attractive programming packages that naturally continue longer than one week.
Such programming is particularly appropriate for PPV services. Therefore, for
this reason, the Commission stated that it would not to apply the limitation of
one week to packages that are exclusively comprised of events. However, the
Commission stated that events programming must be limited to the events
themselves and not include "wrap-around" programming that would tend to give the
package the characteristics of a specialty service. |
||||
| Please
confirm that all programming packages will not exceed one week with the exception
of events as noted above. |
||||
| YES ( ) |
NO ( ) |
|||
|
5.16 |
Do you
intend to distribute adult films or other adult programming on your proposed
service? The Industry Code of programming standards and practices governing
pay, pay-per-view and video-on-demand services (the Industry Code) appended
to Broadcasting Public Notice CRTC 2003-10, 6 March 2003 (Public Notice CRTC
2003-10), defines adult programming as any program that constitutes an "Adult Sex
Film" under the Detailed Adult Sex Guidelines established by the Ontario Film
Review Board, as amended from time to time. |
|||
| If YES: | ||||
| • | Please
provide a proposed internal policy on adult programming as set out in Public
Notice 2003-10. |
|||
| 5.17 |
The licensee
accepts, by CONDITION OF LICENCE, to adhere to: |
|||
| a) |
the Industry code of programming standards and
practices governing pay, pay-per-view and video-on-demand services (Public
Notice 2003-10 dated 6 March 2003), as amended from time to time and approved by
the Commission. |
|||
| YES ( ) |
NO ( ) |
|||
| b) |
the Pay
Television and Pay-Per-View Programming Code Regarding Violence (Public
Notice 1994-155 dated 21 December 1994), as amended from time to time and
approved by the Commission. |
|||
| YES ( ) |
NO ( ) |
|||
| c) |
the Canadian
Association of Broadcaster's Sex-Role Portrayal Code for Television and Radio
Programming (Public Notice 1990-99 dated 26 October 1990), as amended from
time to time and approved by the Commission. |
|||
| YES ( ) |
NO ( ) |
|||
| CULTURAL
DIVERSITY |
||||
| 5.18 |
Describe how
your programming reflects the presence of cultural, ethnic, and racial minorities
and Aboriginal peoples in Canada, in a manner that is accurate, fair and
non-stereotypical. |
|||
| SERVICE
TO THE HEARING IMPAIRED |
||||
| 5.19 | a) | The
Commission generally considers that French- and English-language services should
work towards closed-captioning levels of at least 90% of all programming.
For each year of the proposed licence term, set out the minimum % of titles that
will be captioned: |
||
|
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 4 |
YEAR 5 |
YEAR 6 |
YEAR 7 |
|
| English | |||||||
| French | |||||||
| Ethnic |
b) |
Does the applicant commit to close-caption at least 90% of all titles beginning in year 6 of the licence term? |
|||
| YES ( ) |
NO ( ) |
|||
c) |
Would you accept these above commitments as a CONDITION OF LICENCE? |
|||
| YES ( ) |
NO ( ) |
|||
| d) | If NO to b)
or c), explain. |
|||
| 5.20 |
a) |
Please
confirm that the proposed service will
provide, for the ease of ordering, offices with telephone devices for the deaf
(TDD) and that the number will be publicized. |
||
| YES ( ) |
NO ( ) |
|||
| SERVICE
TO THE VISUALLY IMPAIRED |
||||
| 5.21 |
Describe the
steps you have taken, or will take, to make your service accessible to people who
are blind or visually impaired. For example, how does, or how will, a
visually impaired person order from your service? |
|||
| 5.22 |
Describe
your plans to provide audio description of textual, graphic design and still
image elements that are posted on the screen, such as phone numbers (that is, for
barker channel previews/instructions/descriptions). |
|||
| 5.23 |
Describe
your plans to provide titles with video description, including the extent to
which the applicant will be technically
capable of providing descriptive video. |
|||
| 5.24 |
a) |
For each
year of the proposed licence term, set out the minimum percentage of titles that
you are prepared to describe. |
||
|
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 4 |
YEAR 5 |
YEAR 6 |
YEAR 7 |
|
| MINIMUM Percentage of Described Titles |
b) |
Would you accept these levels as a CONDITION OF LICENCE? |
|||
| YES ( ) |
NO ( ) |
|||
| If NO,
explain. |
||||
|
DISTRIBUTION/AFFILIATION |
||||
| 5.25 |
Provide a
list of the various affiliates to your service and indicate those who have
already agreed to carry your service. |
|||
|
Affiliate |
Carriage of Service Agreement |
5.26 |
Does the agreement with affiliates include the maintenance of a record of the service's programming distributed by each affiliate? |
||
| YES ( ) |
NO ( ) |
||
| If NO,
explain. |
|||
| 5.27 |
Does the
agreement with the service's affiliates include the necessity to distribute the
closed captioned and/or described portion of the signal? |
||
| YES ( ) |
NO ( ) |
||
| If NO,
explain. |
|||
| 5.28 |
For a VOD service only | ||
| The licensee
accepts, by CONDITION OF LICENCE, not to enter into an affiliation
agreement with the licensee of a distribution undertaking unless the agreement
incorporates a prohibition against the linkage of its service with any
non-Canadian discretionary service. |
|||
| YES ( ) |
NO ( ) |
||
| If NO,
explain. |
|||
| For a terrestrial PPV service only | |||
| The licensee
accepts, by CONDITION OF LICENCE, not to enter into an affiliation
agreement with the licensee of a terrestrial distribution undertaking unless the
agreement incorporates a prohibition against the linkage of the licensee's PPV
service with any non-Canadian discretionary service. |
|||
| YES ( ) |
NO ( ) |
||
| If NO,
explain. |
|||
| For a DTH PPV service only | |||
| The
applicant accepts, by CONDITION OF LICENCE, not to enter into an
affiliation agreement with the licensee of a DTH distribution undertaking unless
the agreement incorporates a prohibition against the linkage of the licensee's
PPV service with any non-Canadian discretionary service. |
|||
| YES ( ) |
NO ( ) |
||
| If NO,
explain. |
|||
| 6.1 |
Outline how your service
has adhered to each CONDITION OF LICENCE, expectation and commitment,
including the accepted benefits from any ownership transaction, as specified in
your licence, in the decision attributing the current licence and in any CRTC
decision issued during the licence term. |
|
|
7. EMPLOYMENT EQUITYInformation relating to employment
equity is available |
| The
Commission requires responses to questions regarding Employment Equity on behalf
of the licensee as a whole, with reference to all of its employees in aggregate,
that is, employees at all undertakings for which the licensee holds licences.
|
|||
| 7.1 |
Is the
licensee 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 7.2. |
|||
| 7.2 |
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 7.3 TO 7.5 -- APPLICABLE IF BETWEEN 25 AND 99 EMPLOYEES: |
|||
| 7.3 |
How do you
or will you communicate details of your employment equity policies to managers
and staff? |
||
| 7.4 |
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? |
|||
| 7.5 |
What
financial resources do you have or will you put in place to promote employment
equity in the workplace (for example, funds for daycare, access for persons with
disabilities, etc.)? |
||
|
|
|
APPENDIX NUMBER AND NAME |
APPENDED |
E-FILED |
|
|---|---|---|---|
|
SECTION 1: GENERAL INFORMATION |
|||
|
1A |
Supplementary Brief | ||
|
SECTION 2: OWNERSHIP |
|||
|
2A |
Amendments to constituting documents | ||
|
***End of Document*** |