Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2018-238: SI/2018-93

Canada Gazette, Part II, Volume 152, Number 21

Registration

October 17, 2018

BROADCASTING ACT

Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2018-238

P.C. 2018-1244 October 3, 2018

Whereas the Canadian Radio-television and Telecommunications Commission (“Commission”), in its Broadcasting Decision CRTC 2018-238 of July 11, 2018 (“decision”), made a decision to issue a broadcasting licence to Frank Torres, on behalf of a corporation to be incorporated, to operate a new English-language commercial FM radio station to serve Georgina, Ontario;

Whereas, subsequent to the making of the decision, the Governor in Council received a petition in writing requesting that it be set aside or referred back to the Commission for reconsideration and hearing;

And whereas the Governor in Council, having considered the petition, is of the view that the decision does not derogate from the attainment of the objectives of the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act footnote a;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 28 of the Broadcasting Act footnote a, declines to set aside or refer back to the Canadian Radio-television and Telecommunications Commission for reconsideration and hearing the decision contained in Broadcasting Decision CRTC 2018-238 of July 11, 2018 to issue a broadcasting licence to Frank Torres, on behalf of a corporation to be incorporated, to operate a new English-language commercial FM radio station to serve Georgina, Ontario.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To respond to a petition, pursuant to section 28 of the Broadcasting Act, requesting the Governor in Council to refer back for reconsideration and hearing the Canadian Radio-television and Telecommunications Commission (CRTC) decision contained in Broadcasting Decision CRTC 2018-238 of July 11, 2018, to issue a broadcasting licence to Frank Torres, on behalf of a corporation to be incorporated (Torres), to operate a new commercial FM radio station to serve Georgina, Ontario.

Objective

To communicate that the Governor in Council is declining to set aside or refer back to the CRTC for reconsideration and hearing the decision to issue a broadcasting licence to Torres to operate a new commercial FM radio station to serve Georgina, Ontario.

Background

On April 13, 2017, the CRTC issued a call for applications for a broadcasting licence to operate a radio station to serve Georgina, Ontario.

On November 28, 2017, the CRTC held a public hearing to consider applications for new radio stations to serve that location.

On July 11, 2018, the CRTC issued Broadcasting Decision CRTC 2018-238, which contained a decision to grant a broadcasting licence to Torres to operate a new commercial FM radio station to serve Georgina, Ontario.

On August 24, 2018, the Governor in Council received a petition concerning the above-noted decision. The petitioner claims that the Commission failed to properly evaluate the applications before it and consequently rendered a decision that derogates from the attainment of the objectives of the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act.

Pursuant to section 28 of the Broadcasting Act, the Governor in Council may set aside or refer a decision back to the CRTC for reconsideration and hearing if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in the Broadcasting Act. In the present case, after careful consideration of the petition, the Governor in Council was satisfied that the decision does not derogate from those objectives.

Therefore, under section 28 of the Broadcasting Act, the Governor in Council has declined to set aside or refer back to the CRTC for reconsideration and hearing the decision contained in Broadcasting Decision CRTC 2018-238 of July 11, 2018, to issue a broadcasting licence to Torres to operate a new commercial FM radio station to serve Georgina, Ontario.

Implications

As a result, the CRTC decision stands.

Departmental contact

Thomas Owen Ripley
Director General
Broadcasting and Digital Communications Branch
Department of Canadian Heritage
Telephone: 819-997-7449