ARCHIVED - Broadcasting Decision CRTC 2013-440
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Route reference: 2013-220
Ottawa, 26 August 2013
Starboard Communications Ltd.
Application 2012-1356-1, received 25 October 2012
CJOJ-FM Belleville – Licence renewal
The Commission renews the broadcasting licence for the commercial radio station CJOJ-FM Belleville, from 1 September 2013 to 31 August 2019. This short-term renewal will allow for an earlier review of the licensee’s compliance with its conditions of licence and with the Radio Regulations, 1986.
1. Starboard Communications Ltd. filed an application to renew the broadcasting licence for the commercial radio station CJOJ-FM Belleville, Ontario, which expires 31 August 2013.
2. The Commission received an intervention by the Province of Ontario related to the participation of the station in the National Public Alerting System (NPAS). The public record for this application is available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”
3. As specified in its three-year plan, the Commission will be looking at measures to ensure the participation of Canadian broadcasters and telecommunications service providers in the NPAS. Therefore, the Commission will not impose conditions of licence requiring the participation of broadcasters in the NPAS at this time. However, the Commission expects all licensees to voluntarily participate in the NPAS so that Canadians receive timely warnings of imminent perils.
4. In Broadcasting Notice of Consultation 2013-220, the Commission noted that the licensee was in apparent non-compliance with regard to:
- its condition of licence relating to Canadian talent development (CTD) contributions for each of the 2006-2007 and 2009-2010 broadcast years; and
- section 9(2) of the Radio Regulations, 1986 (the Regulations) as it relates to the filing of complete annual returns for the 2009-2010 broadcast year in that it did not submit financial statements with the return.
5. The licensee was required by condition of licence to make all of its CTD and Canadian content development (CCD)  contributions to FACTOR. In the 2006-2007 broadcast year, the licensee contributed $2,500 to Prince Albert College but did not allocate any of its contribution to FACTOR. In the 2009-2010, the licensee also incurred a shortfall of $444 relating to CCD.
6. The licensee stated it had made its CTD and CCD contributions on behalf of all of its stations together and did not realize that there was a compliance problem with respect to CJOJ-FM. It stated that, henceforth, all contributions would be made individually for each station to avoid any accounting irregularities.
7. Section 9(2) of the Regulations requires licensees to file an annual return by 30 November of each year for the broadcast year ending the previous 31 August. The filing requirements, including the requirement to submit financial statements, are set out in Broadcasting Information Bulletin 2011-795.
8. The licensee indicated that the problem with the financial statements resulted from problems it experienced with electronic filing. The licensee stated that it can now view the documents once submitted and will verify that all documentation is included in submissions.
9. In light of the above, the Commission finds the licensee in non-compliance with its condition of licence relating to CTD contributions and with section 9(2) of the Regulations relating to the filing of annual returns on time with all necessary information.
10. 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.
11. The Commission considers that initiatives relating to the development of Canadian content and talent 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.
12. In the present case, the Commission notes that the initiative that received the funding in 2006-2007 met the eligibility criteria set out in paragraph 108 of Broadcasting Regulatory Policy 2006-158 and that the total contribution exceeded what was required by condition of licence. The Commission also notes that the licensee contributed additional amounts to CTD in other years that are sufficient to cover the 2009-2010 shortfall. In light of these overpayments, the Commission considers that all shortfalls have been resolved.
13. The Commission reminds the licensee, however, that CCD contributions required by condition of licence cannot be deferred in whole or in part to any subsequent broadcast year unless prior authorization is sought and obtained from the Commission. If a payment is made after 31 August or if it is made to an initiative other than the one specified in the condition of licence, the licensee will be deemed to have failed to comply with its obligation to make CCD contributions during the applicable broadcast year.
14. With respect to annual returns, the Commission notes the explanation provided by the licensee and that all missing financial statements have been received. It reminds the licensee that, as stated in Broadcasting Information Bulletin 2011-795, it is its responsibility to ensure that all appropriate forms and documentation are included with the submission of its annual return. If further clarification is required, it is the licensee’s responsibility to contact the Commission for further direction.
15. Given the circumstances surrounding the non-compliance for Starboard Communications Ltd., the Commission considers it appropriate to grant a six-year licence renewal for CJOJ-FM. This short-term renewal will allow for an earlier review of the licensee’s compliance with its conditions of licence and with the Regulations.
16. The Commission renews the broadcasting licence for the commercial radio programming undertaking CJOJ-FM Belleville, Ontario, from 1 September 2013 to 31 August 2019. The licence will be subject to the conditions of licence set out in Broadcasting Regulatory Policy 2009-62.
17. In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
- Notice of applications received, Broadcasting Notice of Consultation CRTC 2013-220, 7 May 2013
- Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2012-447, 17 August 2012, as corrected by Broadcasting Decision CRTC 2012-447-1, 22 August 2012
- Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011
- Revised approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2011-347, 26 May 2011
- Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009
- Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006
*This decision is to be appended to the licence.
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