BY EMAIL AND REGISTERED MAIL
Ottawa, 2 June 2010
CKLN Radio Incorporated
55 Gould Street
Attention: Andrew Lehrer and Ron Nelson
By Email: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org
Re: CKLN Radio Incorporated
Follow up to adjournment of the 12 May 2010 CRTC Hearing
This letter follows up on the Commission’s adjournment of the 12 May 2010 show cause hearing into matters of alleged non-compliance by CKLN Radio Incorporated (CKLN).
On May 3, 2010, the Commission received a letter on behalf of CKLN requesting an adjournment of the hearing scheduled for 12 May 2010 regarding CKLN due to ongoing litigation and judicial mediation before the Ontario Superior Court of Justice (the Court) concerning the governance of CKLN and the legitimacy of the current Board of Directors. The request was endorsed by Mr. Justice Campbell who also set out an expected timeline for resolution of the matter. On 12 May 2010, the Commission adjourned the hearing as it related to CKLN.
Please note that the adjournment of the hearing does not negate the seriousness of the allegations of non-compliance set out in Broadcasting Notice of Consultation CRTC
2010-146 or absolve CKLN from responsibility for answering for these alleged incidences of non-compliance. It merely postpones the Commission’s hearing of the matter. The Commission expects the licensee to take the necessary steps to bring itself into compliance in the interim. The licensee also continues to be responsible for ensuring compliance with the Radio Regulations, 1986 and its conditions of licence.
The Commission intends to continue to follow the situation. In order to monitor the status of the ongoing litigation and judicial mediation, the Commission directs CKLN to file monthly reports by the 14th of each month , beginning 14 June 2010, identifying whether any progress has been made in the mediation. The Commission also directs CKLN to file, as part of its monthly reports, information detailing steps that have been taken to bring the station into compliance with the Radio Regulations, 1986 and its conditions of licence. In particular, the report should address steps that have been taken with respect to the maintenance of logs, logger tapes and music lists, as well as the filing of annual returns, and should also include notice of any changes to the membership of the Board of Directors including current contact information of the Board members.
The Commission notes that the public record for this item remains open and all correspondence between CKLN and the Commission will be added to the public record as it is received. The Commission also notes that the public may continue to file complaints concerning CKLN using the Commission’s complaints process. When the hearing is reconvened, the Commission may add these complaints to the record of the proceeding.
According to the timeline set out by Justice Campbell, a resolution of the Application may be obtained in late September or early October prior to the Annual Meeting scheduled for that timeframe. Should the matter be resolved or the mediation fail prior to the expiration of the expected timeline, CKLN is to notify the Commission immediately. The Commission will reschedule the hearing at the next available opportunity. In any event, if the matter before the Court is not resolved by 14 October 2010, the Commission will reconvene the hearing and call CKLN to appear before it within 60 days.
ORIGINAL SIGNED BY JOHN KEOGH FOR /
cc. Justice Campbell, Ontario Superior Court of Justice
With the exception of August, where the report is to be filed by Monday 16 August 2010.
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