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Broadcasting Decision CRTC 2007-340
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Ottawa, 29 August 2007
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The Haliburton Broadcasting Group Inc.
Kapuskasing and Hearst, Ontario
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Application 2007-0270-6, received 17 February 2007
Broadcasting Public Notice CRTC 2007-63
12 June 2007
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CKAP-FM Kapuskasing and its transmitter CKHT-FM Hearst - Licence renewal
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The Commission renews the broadcasting licence for the English-language, commercial radio programming undertaking CKAP-FM Kapuskasing and its transmitter CKHT-FM Hearst, from 1 September 2007 to 31 August 2011. This short-term renewal will permit the Commission to review, at an earlier date, the licensee's compliance with its condition of licence relating to contributions to the development of Canadian content.
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The application
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1.
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The Commission received an application by The Haliburton Broadcasting Group Inc. (Haliburton) to renew the broadcasting licence for the English-language, commercial radio programming undertaking CKAP-FM Kapuskasing and its transmitter CKHT-FM Hearst. The current licence expires 31 August 2007.
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2.
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In Broadcasting Public Notice 2007-63, the Commission noted that the licensee may have failed to comply with the requirements regarding its contributions to Canadian talent development (CTD) for the broadcast years 2002, 2003, 2004 and 2005.
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3.
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The Commission did not receive any interventions in connection with this application.
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Non-compliance
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4.
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In a letter dated 23 March 2007, the Commission advised Haliburton that, for the broadcast years 2002, 2003, 2004 and 2005, the licensee was in apparent non-compliance with its condition of licence relating to its annual $400 contribution to the Canadian Association of Broadcasters' (CAB's) former CTD plan. The Commission notes that this is the first time that Haliburton has been found in non-compliance with respect to CKAP-FM's required CTD contributions.
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5.
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In its letter of reply dated 26 March 2007, Haliburton indicated that a contribution in the amount of this shortfall was made in 2005 and 2006. The Commission notes that the payments made to cover the shortfall were distributed beyond the broadcast year for which they were due (specifically, the shortfall expenditures for the 2002, 2003 and 2004 broadcast years were distributed in a payment dated 21 December 2005, while the shortfall expenditure for the 2005 broadcast year was distributed in a payment dated 20 January 2006), which constitutes an apparent non-compliance.
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Commission's analysis and determinations
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6.
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The Commission has reviewed the renewal application and the licensee's file. The Commission notes that this represents Haliburton's first non-compliance with respect to CKAP-FM's required CTD contributions and that the licensee has indicated that it has put in place measures necessary to solve the problem brought about by the apparent non-compliance. However, given that the CTD contributions specified in the applicable condition of licence were to be disbursed on an annual basis, the Commission determines that it is appropriate to renew the licence for a short-term period of four years, in accordance with Circular No. 444. This short-term renewal will enable the Commission to assess, at an earlier date, the licensee's compliance with its condition of licence relating to Canadian content development, which is discussed below
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7.
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Accordingly, the Commission renews the broadcasting licence for the English-language, commercial radio programming undertaking CKAP-FM Kapuskasing and its transmitter CKHT-FM Hearst, from 1 September 2007 to 31 August 2011.
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8.
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The Commission notes that this station operates in a single-station market, as defined in Public Notice 1993-121.
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9.
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The licence will be subject to the conditions set out in Public Notice 1999-137, with the exception of condition of licence number 5. The licence is also subject to the terms and conditions set out in the appendix to this decision.
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Canadian content development
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10.
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In its Commercial Radio Policy 2006 (Broadcasting Public Notice 2006-158), the Commission set out a new approach to the development and promotion of Canadian artists. In order to reflect a new emphasis on development initiatives that lead to the creation of audio content for broadcast using Canadian resources, the Commission replaced the expression "Canadian talent development" (CTD) with "Canadian content development" (CCD). Under the new policy, each radio station holding a commercial radio licence is required to make a basic annual CCD contribution based on its total broadcast revenues in the previous broadcast year. This requirement will be reflected in the Radio Regulations, 1986 (the Regulations). Until such time, it will be implemented by a transitional condition of licence, as set out in the appendix to this decision. This condition of licence will expire upon the coming into force of the amendments to the Regulations.
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Secretary General
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Related documents
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- Broadcasting Public Notice CRTC 2007-63, 12 June 2007
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Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006
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Practices regarding radio non-compliance, Circular No. 444, 7 May 2001
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New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999
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Local programming policy for FM radio - Definition of a single-station market, Public Notice CRTC 1993-121, 17 August 1993
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Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: www.crtc.gc.ca
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