ARCHIVED - Broadcasting Decision CRTC 2013-690
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Route reference: 2013-315
Ottawa, 13 December 2013
Les Communications Matane inc.
Application 2013-0070-7, received 17 January 2013
CHRM-FM Matane and its transmitter CHRM-FM-1 Les Méchins – Licence renewal
The Commission renews the broadcasting licence for the French-language commercial radio station CHRM-FM Matane, Quebec, and its transmitter CHRM-FM-1 Les Méchins from 1 January 2014 to 31 August 2020.
1. Les Communications Matane inc. (Communications Matane) filed an application to renew the broadcasting licence for the French-language commercial radio station CHRM-FM Matane, Quebec, and its transmitter CHRM-FM-1 Les Méchins, which expires 31 December 2013.
2. The Commission received interventions commenting on this application from the Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ), and from the ministère de la Culture et des Communications and the ministère de la Sécurité publique (the Ministères), on behalf of the Government of Quebec. The public record for this application can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”
3. The intervention from the Ministères related to the participation of the station in the National Public Alerting System (NPAS). In this regard, 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. Section 9(2) of the Radio Regulations, 1986 (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 specific filing requirements, including the requirement to submit financial statements, are set out in Broadcasting Information Bulletin 2011-795.
5. In Broadcasting Notice of Consultation 2013-315, the Commission stated that the licensee was in apparent non-compliance with section 9(2) of the Regulations relating to the filing of complete annual returns for the 2010-2011 and 2011-2012 broadcast years. Specifically, the licensee failed to include financial statements for those years.
6. The licensee explained that in the past, an accounting firm had prepared its annual returns. However, it indicated that it had prepared the 2010-2011 and 2011-2012 annual returns itself and that it did not know that financial statements had to be included with the returns. In addition, it stated that it has been operating CHRM-FM since 1975 and has always behaved in an exemplary and respectful manner in regard to the Commission’s requirements. The licensee confirmed that it would pay particular attention to the Commission’s regulatory requirements in the future.
7. The Commission notes that this is the first licence term in which the licensee has been in non-compliance and that once informed of the situation, the licensee quickly submitted the missing financial statements.
8. In light of the above, the Commission finds the licensee in non-compliance with section 9(2) of the Regulations for the 2010-2011 and 2011-2012 broadcast years.
9. 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.
10. The Commission notes that compliance with deadlines for the filing of complete annual returns is important because it enables the Commission to monitor a licensee’s performance and compliance with regulations. Accordingly, it considers annual returns that are incomplete and/or filed late to be a serious matter.
11. The Commission has examined the record for this application and is satisfied with the licensee’s explanations and with the measures it has put in place to address the non-compliance. Given the circumstances surrounding the licensee’s non-compliance in regard to CHRM-FM, the Commission finds it appropriate to grant the station a full-term licence renewal.
12. In light of all of the above, the Commission renews the broadcasting licence for the French-language commercial radio programming undertaking CHRM-FM Matane, Quebec, and its transmitter CHRM-FM-1 Les Méchins from 1 January 2014 to 31 August 2020. The licensee shall adhere to the conditions of licence set out in Broadcasting Regulatory Policy 2009-62, as amended from time to time.
13. The Commission reminds Communications Matane that it is responsible for submitting annual returns on time. In addition, as set out in Broadcasting Information Bulletin 2011-795, it is the licensee’s responsibility to ensure that all appropriate forms and documentation are included with the submission of its annual returns. If further clarification is required, it is the licensee’s responsibility to contact the Commission to obtain further direction.
14. In addition, 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.
15. In accordance with Public Notice 1992-59, 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.
- Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2013-418, 19 August 2013
- Notice of applications received, Broadcasting Notice of Consultation CRTC 2013-315, 2 July 2013
- 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
- Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992
*This decision is to be appended to the licence.
- Date modified: