Form 303
Application for a technical amendment to a broadcasting licence for an analog radio programming undertaking (including a new transmitter)

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.
All information with an * is required.

1.     General information
1.1    Identification of the applicant
 
Corporation            Other(please specify):
  
Name of legal entity who is authorized by the Commission to operate this undertaking:
FOUR SENSES ENTERTAINMENT INC.
Call sign or name of service:CKEE-FM
Address:1414 East 29th Street
City / Town:North Vancouver
Province / Territory:
Postal Code:V7J 1T1
Telephone:604-771-2307
Facsimile:
Contact person representing the applicant (if there is no designated representative under question 1.2)
Name:Robert Wilson
Title:President / General Manager
Email:rob@whistlerfm.ca
Telephone:604-771-2307
 
1.2    Designated representative
I, , the applicant, hereby designate  as my designated 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.
Date:
At:
Example: city, province
Signature: (not required when submitting electronically) 
Address of agent:
Title:
Telephone:
Facsimile:
Email:
 
  
  
1.3    Declaration of the applicant or its designated representative
I, Robert Wilson 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.
 
And I have signed
Signature: (not required when submitting electronically)      Date:
2014-09-22
Witnessed by
Signature: (not required when submitting electronically)      Name:Richard Day 
Date:
2014-09-22
 At:North Vancouver, British Columbia Example: city, province

Mandatory  documents to be appended to the application 
As part of your application, the Commission requires that you submit the following documents in order to process your application. Failure to do so will result in the Commission returning your application.
a. Appendix A (All applications)

Proof that technical documents were submitted with the Department of Industry.
E.g. A copy of the transmittal communication or courier pick-up receipt.

b. Appendix B (All applications)

Clearly legible contour maps, in colour if available, as follows:
    • For each new transmitter, a map of the proposed 3 mV/m and 0,5 mV/m service contours.
    • In the case of a change to the authorized contours of an existing transmitter, a comparative map of the existing and proposed 3mV/m and 0,5 mV/m contours.
    • In the case of overlapping service areas of two or more transmitters operating under the same license, a discrete map showing the existing and proposed 3mV/m and 0,5 mV/m contours of these transmitters.
You must file a service area map that reflects the boundaries of the service area in one of the following formats:
    • standard image (e.g., GIF, JPEG, TIFF, BMP);
    • PDF file format;
    • GIS-compatible file format, electronically or on a CD-ROM.
A map provided in a standard image or PDF file format must be in a scale that readily permits precise identification of the boundaries of the service area and depicts the location in relation to its surrounding areas. This map must provide a level of detail comparable to that contained in the paper map previously required by the Commission (1:50,000 NTS topographical map).
A map provided in a GIS-compatible file format must be created using a map datum of NAD83.  The Commission will only accept the following GIS-compatible file extensions:
· MapInfo format (.tab); 
· MapInfo Interchange format (.mid/.mif).

 
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

3.     Application
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.
*Submit a website address OR E-mail address where an electronic copy of the application may be requested:
  
 Website:
            Example: www.mycompany.com
    E-mail:rob@whistlerfm.ca 
               Example: no-reply@no-reply.com
 
3.1    Description of application 
 
a) Provide a description of your application:
 
 
 
   
This is an application by Four Senses Entertainment Inc. to amend the license of the FM radio undertaking CKEE-FM Whistler. The purpose of this application is to add a transmitter in North Vancouver, to rebroadcast CKEE-FM (Whistler FM) to the metropolitan Vancouver area.

  
b) 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:
 
 
 
   
Please see APPENDIX 3.1 (b)
 
c) Provide the nature of the decision sought:



   
Approval of the addition of a transmitter.
d) Specify the CRTC decision number which last renewed your licence (or issued the licence if you are in the first term), and any other relevant CRTC decisions in relation to your amendment:
    CRTC 2009-102
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.
 
a) Are there any Commission regulations, policies or practices that are relevant to your application:
   Yes    No



 
4. Technical information
Applicants are advised to consult with their broadcast engineering consultants when completing this section to ensure that the information provided is consistent with the Engineering brief submitted to the Department of Industry. It is very important that both documents reflect the same information. Failure to do so will result in the Commission returning your application.
 
4.1  Are you requesting the addition of a rebroadcasting transmitter?
Yes    No
You must submit a contour map for this transmitter as Appendix B to this application form.
  
   Transmitter technical parameters  
Please select the type of application:      AM  FM
 
 
  
PROPOSED OPERATION / NEW TRANSMITTER
NOTE
Frequency
99.9
MHz
Channel
260
Class 
A - Stereo
including low-power
Maximum Effective Radiated Power (ERP) 
450Watts
At beam-tilt angle or in horizontal plane if no beam-tilt is used
Average Effective Radiated Power (ERP) 
450Watts
At beam-tilt angle or in horizontal plane if no beam-tilt is used
Antenna Radiation Pattern
Directional
Non-directional
Directional/Non-directional
Effective Height Above Average Terrain (EHAAT)
57metres 
 
Antenna and Transmitter Site Coordinates
49 21' 04"North
Latitude
123 04' 04"West
Longitude
Studio Location(s)
102 - 1080 Millar Creek Road, Whistler, British Columbia
City and, where possible, street address
Subsidiary Communications (SCMO)/Subsidiary Data
Yes
No
For rebroadcasting transmitters, identify station rebroadcast
CKEE-FM 101.5 MHz Whistler, BC
Call Letters
Frequency
Location
 
 
 
 

4.2
    Are you proposing a new transmission site?
Yes    No
You must submit documents justifying the availability of this new site as Appendix C to this application form.
4.3   Is this application to improve your signal quality within your authorized current coverage area by either increasing or decreasing the authorized contours?
Yes    No
b. 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:




Same as 3.1 (b) - please see APPENDIX 3.1 (b)
4.4    Have you explored further technical solutions in order to address your technical needs while preserving your current coverage?
Yes    No    N / A
 
4.5    Does your undertaking remain a low-power unprotected undertaking with the proposed changes?
Yes    No    N / A
 
You must submit contour maps as appendix B to this application form.
 
4.6  a) Will this proposal result in the use of a second adjacent frequency?
Yes    No
b) Will this proposal result in any low power stations being requested to vacate their frequency?
Yes    No
 
 

 
5.    Establishment costs
 
Indicate the incremental cost to modify existing facilities or the full cost of new items required to implement the proposed service. For leased assets, indicate both the Fair Market Value (FMV; the installed cost if the asset were to be purchased) of the assets to be leased as well as the annual lease payment. 
 
  If you are purchasing If you are leasing
 
 
Costs of Assets to
be purchased
($)
Studio Plant
10000
Transmitting Plant
135000
TOTAL
145000
 
 

 
6.    Financial analysis and considerations
 
6.1    Will the proposed amendment(s) result in a change to existing financial projections?
   Yes  No
6.2    Do you consider that your proposed amendment is necessary for the financial viability of your station?
   Yes  No
6.3    Please provide three years of financial projections (revenues and expenses), with and without approval of the proposed amendment(s) for:
 
  Commercial radio    Campus or Community radio
 
 
Commercial Radio
Projections if application is approved
 
YEAR 1
YEAR 2
YEAR 3
Total
REVENUE (after agency commissions)
($000)
 National advertising
84150
92565
101821
278536
 Local advertising
351000
403650
440415
1195065
 Other (Specify) 
Promotion
1000
1500
2000
4500
 TOTAL REVENUE
436150
497715
544236
1478101
 OPERATING EXPENSES
($000)
 Programming 
106299
113740
119430
339469
 Canadian Content
 Development 
3704
4296
4871
12871
 Technical 
42780
44919
47164
134863
 Sales,
 Advertising and

 Promotion 
112200
119700
125200
357100
 Administration
 and General 
121356
124389
127499
373244
 TOTAL
 OPERATING

 EXPENSES
 
386339
407044
424164
1217547
NON-OPERATING EXPENSES
($000)
 Depreciation 
15230
15230
15230
45690
 Profit Before Interest
 and Taxes
34581
75441
104842
214864
 Interest 
40500
40500
40500
121500
 Other (Specify) 
none
0
0
0
0
 TOTAL NON-
 OPERATING
 EXPENSES 
55730
55730
55730
167190
 TOTAL EXPENSES 
442069
462774
479894
1384737
 PRE-TAX INCOME
 (loss) 
-5919
34941
64342
93364
 
Projections if application is denied
 
YEAR 1
YEAR 2
YEAR 3
Total
REVENUE (after agency commissions)
($000)
 National advertising
67320
70686
74220
212226
 Local advertising
280800
294940
309582
885322
 Other (Specify) 
Promotion
1000
1500
2000
4500
 TOTAL 
349120
367126
385802
1102048
 OPERATING EXPENSES
($000)
 Programming 
76300
81640
85723
243663
 Canadian Content
 Development 
3704
4296
4871
12871
 Technical 
21420
21848
22285
65553
 Sales,
 Advertising and

 Promotion 
100800
102300
103900
307000
 Administration
 and General 
120876
123897
126995
371768
 TOTAL
 OPERATING

 EXPENSES
 
323100
333981
343774
1000855
NON-OPERATING EXPENSES
($000)
 Depreciation 
15230
15230
15230
45690
 Profit Before Interest
 and Taxes
10790
17915
26798
55503
 Interest 
33000
33000
33000
99000
 Other (Specify) 
none
0
0
0
0
 TOTAL NON-
 OPERATING
 EXPENSES
 
48230
48230
48230
144690
 TOTAL EXPENSES 
371330
382211
392004
1145545
 PRE-TAX INCOME
 (loss) 
-22210
-15085
-6202
-43497
 
 
 
6.4    Will the proposed amendment have a financial impact on other stations in the market?
   Yes  No

7.    Marketing
7.1    Indicate to which of the communities the station's principle marketing activities will be directed:

Whistler
7.2    Provide quantitative estimates of the population within the service contours, as well as an estimate of the population within the area to which the station's principal marketing activities are/will be directed.
 
 
 
3mV/m CONTOUR (FM)
15mV/m CONTOUR (AM)
0.5mV/m CONTOUR (FM)
5mV/m CONTOUR (AM)
Population: Proposed
536234
1124795
Households: Proposed
272504
498541
Sources for the data:
Census 2011
 
7.3    Describe the target audience in terms of its size and composition:



Please see Appendix 3.1 (B)

8.    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.
Persons generally considered respondents
 
BROADCASTING
Type of application
Respondents
Radio amendments to remove specialty format
Existing radio stations (low-power or otherwise) licensed to serve the proposed market
Television and radio technical amendments
All television or radio stations whose originating or rebroadcasted signal would suffer interference or that would be required to vacate their frequency or be impacted economically
Television and radio amendments to add, remove or amend a condition of licence requiring expenditures to a specifically named initiative (i.e. Canadian content development contributions, tangible benefits)
The persons responsible for the named initiative(s) where the expenditures would be reduced or payment schedule altered
Amendment to the nature of service of a pay or specialty service
Category A television services with which the proposed service could be considered competitive
Broadcasting distribution undertaking amendments to distribute a distant signal
The local television station whose distant signal is proposed to be carried
Addition to the list of non-Canadian programming services authorized for distribution
Licensed Canadian pay and specialty television services with which the proposed service could be considered competitive
In light of this table, have you provided service of your application on all respondents?
   Yes    No    N / A
Fill in the chart below with the required information as stated in the Guidelines on the CRTC Rules of Practice and Procedure.
Respondent
Mail or Email Address
Date Served
Municipal Manager, District of North Vancouver 355 West Queens Road, North Vancouver, B.C. V7N 4N5
2014-09-05
Ms Julie Bergeron, Spectrum Engineer CBC Radio, Montreal, QC (Via Email)
2014-09-02
Mr Rod Schween, President The Jim Pattison Broadcast Group, 460 Pemberton Terrace, Kamloops B.C., V2C 1T5
2014-09-05
Insert additional respondent


NOTE:  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.

9.    Request for documents to be designated as confidential
 
Sections 30 to 34 of the Broadcasting and Telecom Regulatory Policy CRTC 2010-958, Implementation of new Rules of Practice and Procedure  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 Broadcasting and Telecom Information Bulletin CRTC 2010-961 - Procedures for filing confidential information and requesting its disclosure in Commission proceedings for complete process for filing confidential information.  
9.1    Are you requesting for some information to be designated as confidential?
   Yes    No
You may submit any additional documents as part of your application after selecting the "Submit" option below.

This document is available in alternative format upon request.
CRTC 303 (18-08-2011) – Analog Radio Programming Undertaking Amendment
 
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