ARCHIVED - Broadcasting Decision CRTC 2010‑409
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Route reference: 2009‑786
Ottawa, 29 June 2010
Application 2008-1667-1, received 12 December 2008
CILR‑FM Lloydminster – Licence renewal
The Commission renews the broadcasting licence for the English‑language tourist information radio station CILR‑FM Lloydminster from 1 July 2010 to 31 August 2013. This short‑term licence renewal will enable the Commission to review, at an earlier date, the licensee’s compliance with the Radio Regulations, 1986.
1. The Commission received an application by Newcap Inc. (Newcap) to renew the broadcasting licence for the English‑language tourist information radio programming undertaking CILR‑FM Lloydminster, which expires 30 June 2010. The Commission did not receive any interventions in connection with this application.
2. In Broadcasting Notice of Consultation 2009‑786, the Commission stated that the licensee may have failed to comply with section 9(2) of the Radio Regulations, 1986 (the Regulations), which relates to the provision of annual returns, for the 2003, 2004 and 2008 broadcast years.
Commission’s analysis and determinations
3. After examining the application in light of applicable regulations and policies and re-examining its records, the Commission considers that the issue to be addressed in its determination relates to the provision of annual returns. As set out in section 9(2) of the Regulations, licensees are required to file their annual returns for a specific broadcast year by 30 November of that same broadcast year. The Commission notes that, for the broadcast years 2003 and 2004, the annual returns were indeed received.
4. The licensee noted that the 2008 annual return was not filed since the station did not generate any revenues. Noting that the station is provided as a public service, Newcap stated that no revenues were derived from the service in 2008 and that it does not anticipate revenues in future years. The licensee further stated that it would begin filing annual returns if the Commission requested it, but that these returns would not show any revenues.
5. The Commission reminds the licensee that, as set out in section 9(2) of the Regulations, all radio station licensees are required to file annual returns. In the absence of a condition of licence exempting a licensee from this requirement, all licensees, whether their stations are generating revenue or not, are required to file annual returns on or before 30 November of a given year.
6. In light of all of the above, in accordance with its practice regarding radio non‑compliance, set out in Circular No. 444, the Commission considers that a short‑term renewal period for CILR‑FM would be appropriate. Accordingly, the Commission renews the broadcasting licence for the English‑language tourist information radio programming undertaking CILR‑FM Lloydminster from 1 July 2010 to 31 August 2013, four years from the original expiry date of 31 August 2009. This short‑term renewal will enable the Commission to assess, at an earlier date, the licensee’s compliance with the Regulations. The licence will be subject to the conditions set out in the appendix to this decision.
7. The Commission expects Newcap to file the annual returns for the 2008 broadcast year by no later than the end of the 2010 broadcast year (i.e., 31 August 2010).
Tangible benefits flowing from the 2004 ownership transaction
8. In Broadcasting Decision 2004‑557, the Commission approved an application by Newcap to acquire the assets of CILR‑FM, as well as of other radio programming undertakings and certain television programming undertakings. In that decision, Newcap proposed a tangible benefits package of $12,550,000, of which $6,246,000 was allocated to the assets of the radio programming undertakings and $6,304,000 to the assets of the television programming undertakings. The Commission expects Newcap to honour its commitment to pay the remaining tangible benefits flowing from this ownership transaction.
- Administrative renewals, Broadcasting Decision CRTC 2010‑324, 28 May 2010
- Notice of applications received, Broadcasting Notice of Consultation CRTC 2009‑786, 17 December 2009
- Administrative renewals, Broadcasting Decision CRTC 2009‑785, 17 December 2009
- Administrative renewals, Broadcasting Decision CRTC 2009‑506, 20 August 2009
- CILR‑FM, CKSA‑FM, CITL‑TV and CKSA‑TV Lloydminster – Acquisition of assets, Broadcasting Decision CRTC 2004‑557, 22 December 2004
- Practices regarding radio non‑compliance, Circular No. 444, 7 May 2001
* This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2010‑409
Conditions of licence1. The licensee shall use the station solely for the purpose of broadcasting pre‑recorded tourist information messages.
2. The licensee shall not broadcast more than six minutes of advertising material per hour.
3. The licensee shall not broadcast musical selections, except as incidental background music.
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