Agenda, Hearing 13 May 2015
Hearing
Location: Gatineau, Quebec
Date: 13 May 2015 at 9:30 a.m.
Conference Center
Portage IV
140, Promenade du Portage
Gatineau, Quebec
Hearing Room: Outaouais
Temporary Examination Room: Papineau – 819-953-3168
Interventions received concerning the applications scheduled for this hearing are available on the public examination files.
Reference Documents: Broadcasting Notices of Consultation CRTC 2015-84 and 2015-84-1.
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Wednesday, 13 May 2015
Appearing Items
Preamble
Additional information may be added to the public examination files for these applications after the public hearing has concluded. The Commission encourages interested persons to monitor the public examination files and the Commission’s website for such information.
Item 1
Phase I - Presentation by Aboriginal Voices Radio Inc.
Aboriginal Voices Radio Inc.
Ottawa and Toronto, Ontario; Calgary and Edmonton, Alberta and Vancouver, British Columbia
Applications 2014-0956-6, 2014-0960-8, 2014-0957-4, 2014-0955-8 and 2014-0959-0
Aboriginal Voices Radio Inc. (AVR) has applied to renew the broadcasting licences for its five Native Type B radio programming undertakings, CKAV-FM Toronto, CKAV-FM-2 Vancouver, CKAV-FM-3 Calgary, CKAV-FM-4 Edmonton and CKAV-FM-9 Ottawa, which expire 31 August 2015.
Through three licence renewal proceedings since 2007 for these five stations, AVR has been found in repeated non-compliance with various obligations. In each case, the Commission imposed a short-term renewal in order to ensure that it could monitor the licensee’s performance.
In the last licence renewal decision, CKAV-FM Toronto, CKAV-FM-2 Vancouver, CKAV-FM-3 Calgary, CKAV-FM-4 Edmonton and CKAV-FM-9 Ottawa - Licence renewals, Broadcasting Decision CRTC 2012-653, 29 November 2012, the Commission stated that a short, three-year licence term would “provide reasonable time to AVR to implement its business plan and improve the quality of its programming prior to the next Commission review.” The Commission explicitly stated that it “strongly expects AVR to improve the performance of each of its stations during the new licence term.”
It appears to the Commission that the licensee may be in non-compliance with the Radio Regulations, 1986 (the Regulations) with respect to the filing of program logs and logger tapes, the filing of annual returns, and responding to requests for information. It also appears to the Commission that the licensee may be in non-compliance with its conditions of licence with respect to the broadcast of daily local newscasts of direct and particular relevance to the Aboriginal community within the market served for each of its stations, the filing of annual updates and the provision of audited financial statements for each of its stations.
The Commission is also concerned that AVR is not providing the quality service it proposed when originally licensed and that Aboriginal people in Canada’s urban centres are not being well served as result. Furthermore, the Commission is concerned that AVR has failed to develop and implement a viable business plan during its current licence term.
The Commission intends to inquire into these matters at the hearing. The Commission also intends to discuss with the licensee its proposal that it be permitted to change its structure from a non-profit corporation to a for-profit corporation, as an exception to the Native Broadcasting Policy.
The Commission expects the licensee to show cause at the hearing why its licences should be renewed and, if so, why the renewal should not be for a short term, why the Commission should not issue mandatory orders under section 12 of the Broadcasting Act (the Act) requiring the licensee to comply with the Regulations and its conditions of licence, and why the Commission should not suspend or revoke its licences pursuant to sections 9 and 24 of the Act.
Phase II - Presentations by the interveners
- Canadian Association of Aboriginal Broadcasters (int. #51)
- Torres Media Ottawa Inc. (int. #53)
- Aboriginal Chamber of Commerce of the District of Marlboro and Area (int. #52)
Phase III - Reply by Aboriginal Voices Radio Inc.
Thursday, 14 May 2015
Item 2
Phase I - Presentation by Salt Spring Island Radio Corp.
Salt Spring Island Radio Corp.
Salt Spring Island, British Columbia
Applications 2014-0865-9 and 2014-0963-1
Salt Spring Island Radio Corp. (Salt Spring) has applied to renew the broadcasting licence for the specialty FM radio programming undertaking CFSI-FM Salt Spring Island, and its transmitter, CFSI-FM-1 Mount Bruce, which expire 31 August 2015.
The applicant also filed a separate application to modify its ownership through the transfer of all of its shares, formerly solely owned by Satnam Media Group (BC) Ltd., in equal parts to Mr. Sukhdev S. Dhillon and Mr. Harman S. Gill.
The licensee was called to appear at the 27 January 2014 Surrey, British Columbia public hearing to discuss its apparent non-compliance with the Radio Regulations, 1986 (the Regulations).
As a result of the Commission’s subsequent determination, in CFSI-FM Salt Spring Island - Issuance of mandatory orders, Broadcasting Decision CRTC 2014-330, 20 June 2014, the Commission issued Broadcasting Orders 2014-331, 2014-332, 2014-333, 2014-334, 2014-335 and 2014-336, ordering CFSI-FM to comply with the Regulations with respect to the filing of logger tapes, music lists, and program logs, and with its the obligation to respond to the Commission’s requests for information.
It appears to the Commission that the licensee may have failed to comply with Broadcasting Orders 2014-331, 2014-332 and 2014-335. It also appears to the Commission that the licensee may have failed to comply with the Regulations with respect to the filing of annual returns and with respect to basic Canadian content development (CCD) contributions. It further appears to the Commission that the licensee may be in non-compliance with a separate condition of licence related to over-and-above CCD contributions and with a prior direction from the Commission, in a letter to the licensee dated 21 January 2013, regarding CCD contributions.
It appears to the Commission that the licensee may have failed to comply with a direction of the Commission regarding the tangible benefits payable as a result of an ownership transaction approved by the Commission during the licence term.
Finally, it appears to the Commission that there may be discrepancies between the ownership information submitted by the licensee as part of its renewal application and the ownership information submitted by the licensee as part of its ownership application.
The Commission intends to inquire into the issues listed above. The Commission expects the licensee to show cause at this hearing why its licence should be renewed and why Broadcasting Orders 2014-331, 2014-332, 2014-333, 2014-334, 2014-335 and 2014-336 should not be re-imposed. In addition, the Commission expects the licensee to show cause at the hearing why, if its licence should be renewed, the renewal should not be for a short term, a mandatory order under section 12 of the Broadcasting Act (the Act) requiring the licensee to comply with the Regulations and its conditions of licence should not be issued, and its licence should not be suspended or revoked pursuant to sections 9 and 24 of the Act.
The Commission also intends to consider the licensee’s application for approval of a change in ownership and may inquire into the ownership information provided by the licensee in both of its above-noted applications, with a view to determining whether the licensee has at all times complied with section 11(4) of the Regulations.
Phase II - Presentation by the intervener
- Radha Fournier (int. #7)
Phase III - Reply by Salt Spring Island Radio Corp.
Item 3
Phase I - Presentation by 902890 Alberta Ltd.
902890 Alberta Ltd.
Wetaskiwin, Alberta
Application 2014-0637-2
Application by 902890 Alberta Ltd. to renew the broadcasting licence for the specialty radio programming undertaking CIHS-FM Wetaskiwin, Alberta, expiring 31 August 2015.
The licensee also requests to replace CIHS-FM’s condition of licence relating to the broadcast of a minimum amount of musical selections from content subcategory 35 (Non-classic religious), with a condition of licence relating to the broadcast of a minimum amount of musical selections from content subcategories 32 (Folk and folk oriented) and 33 (World beat and international).
It appears to the Commission that the licensee may have failed to comply with the Radio Regulations, 1986 (the Regulations) with respect to the submission of annual returns, basic Canadian content development contributions, the filing of program logs, logger tapes and music lists and with respect to its obligation to respond to the Commission’s requests for information.
The Commission intends to inquire into the issues listed above. The Commission expects the licensee to show cause at this hearing why its licence should be renewed and why, if its licence should be renewed, the renewal should not be for a short term, a mandatory order under section 12 of the Broadcasting Act (the Act) requiring the licensee to comply with the Regulations and its conditions of licence should not be issued, and its licence should not be suspended or revoked pursuant to sections 9 and 24 of the Act.
Phase II - Presentations by the interveners
No requests to appear received
Phase III - Reply by 902890 Alberta Ltd.
Non-appearing item
Even though there is no oral presentation for the following item it will be considered by the Panel and a decision will be rendered at a later date.
Please refer to Broadcasting Notices of Consultation CRTC 2015-84 and 2015-84-1 for a detailed description of the following item which is available electronically in the Temporary Examination Room.
4. La radio communautaire du comté
Rimouski and Mont-Joli, Quebec (2014-0759-4)
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