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ARCHIVED - Broadcasting Decision CRTC 2013-415

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Route reference: 2013-220

Ottawa, 16 August 2013

Corus Radio Company
 Vancouver, British Columbia

Application 2012-0243-1, received 5 March 2012

CFOX-FM Vancouver and its transmitter CFOX-FM-1 Whistler – Licence renewal

The Commission renews the broadcasting licence for the English-language commercial radio station CFOX-FM Vancouver and its transmitter CFOX-FM-1 Whistler from 1 September 2013 to 31 August 2020.

Introduction

1. Corus Radio Company (Corus) filed an application to renew the broadcasting licence for the English-language commercial radio station CFOX-FM Vancouver, British Columbia and its transmitter CFOX-FM-1 Whistler, which expires 31 August 2013.[1] The Commission did not receive any interventions regarding this application.

Non-compliance

2. In Broadcasting Notice of Consultation 2013-220, the Commission noted that the licensee was in apparent non-compliance with section 15 of the Radio Regulations, 1986 (the Regulations) relating to Canadian content development (CCD) contributions for the 2008-2009 broadcast year.

3. In that broadcast year, the licensee directed $2,227 to Son House Productions, an initiative deemed ineligible by the Commission in the context of the licence renewal of Corus’ station CFNY-FM Brampton.[2] corus then proceeded to make up the shortfall by directing the $2,227 to the live nation (rock 101) 40th anniversary event (live nation). however, after the release of several commission documents, including broadcasting decision 2010-972,[3] Corus realized that its contributions to this initiative would also be deemed ineligible. It did, however, decide to wait for the Commission to make its official ruling on the eligibility of the initiative in the context of CFOX-FM’s licence renewal.

4. In light of the above and the fact that the contributions made to the Live Nation initiative are ineligible, the Commission finds the licensee in non-compliance with section 15 of the Regulations relating to CCD contributions for the 2008-2009 broadcast year.

Regulatory measures

5. In Broadcasting Information Bulletin 2011-347, the Commission announced a revised approach to non-compliance by radio stations. Specifically, the Commission indicated that each instance of non-compliance would be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commission also indicated that it would consider the circumstances of the non-compliance, the arguments provided by the licensee and the measures taken to rectify the situation.

6. The Commission considers initiatives relating to the development of Canadian content and talent will not only help to develop and advance the careers of emerging Canadian artists but will increase the supply of high-quality Canadian music in a variety of genres and the demand for Canadian music by listeners. Accordingly, it is important that radio licensees make their required contributions to the development of Canadian content and talent.

7. The Commission has reviewed the record for this application and notes that all shortfalls have been paid. It is of the view that the licensee’s payments to CCD were made in good faith and that the licensee has taken the necessary measures to ensure future compliance with section 15 of the Regulations relating to CCD contributions as there were no non-compliance issues in subsequent years. Given the circumstances surrounding the licensee’s non-compliance for CFOX-FM and its transmitter CFOX-FM-1, the Commission considers it appropriate to grant it a full-term renewal.

Conclusion

8. In light of all of the above, the Commission renews the broadcasting licence for the English-language commercial radio programming undertaking CFOX-FM Vancouver, British Columbia and its transmitter CFOX-FM-1 Whistler from 1 September 2013 to 31 August 2020. The licensee shall adhere to the conditions of licence set out in Broadcasting Regulatory Policy 2009-62.

Reminder

9. Pursuant to section 22 of the Broadcasting Act, the Commission reminds the licensee that the broadcasting licence will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.

Employment equity

10. Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Human Resources and Skills Development, its employment equity practices are not examined by the Commission.

Secretary General

Related documents

*This decision is to be appended to the licence.

Footnotes

[1] The original expiry date for CFOX-FM’s broadcasting licence was 31 August 2012. The licence was administratively renewed until 31 August 2013 as a result of Broadcasting Decision 2012-434.

[2] CFNY-FM’s licence was renewed in Broadcasting Decision 2010-647.

[3] Issued on 23 December 2010 and relating to the acquisition of CHBN-FM Edmonton by Rogers Broadcasting Limited.

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