ARCHIVED - Broadcasting Decision CRTC 2010-435

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Route reference: 2009‑786

Ottawa, 30 June 2010

CHFN Communications Society
Cape Croker (Neyaashiinigmiing), Ontario

Application 2009-0135-7, received 14 January 2009

CHFN-FM Cape Croker (Neyaashiinigmiing) - Licence renewal

The Commission renews the broadcasting licence for the Native English- and Ojibway‑language Type B radio station CHFN-FM Cape Croker 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.

Introduction

1.      The Commission received an application by CHFN Communications Society (CHFN) to renew the broadcasting licence for the Native English-and Ojibway‑language Type B radio programming undertaking CHFN‑FM Cape Croker, which expires 30 June 2010.[1] 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 2005, 2006 and 2008 broadcast years.

Commission’s analysis and determinations

3.      After examining the application in light of applicable regulations and policies, 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 the licensee did not file an annual return for the 2005 broadcast year and that for the 2006 and 2008 broadcast years, the annual returns were filed after the 30 November deadline.

4.      The licensee indicated that it was unfamiliar with the documents that needed to be file.

Conclusion

5.      The Commission reminds the licensee of the filing of annual returns is a requirement for all licensed radio undertakings. This ensures that the Commission is aware of the financial state of the various Broadcasting sectors.

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 licencerenewal period for CHFN‑FM would be appropriate. Accordingly, the Commission renews the broadcasting licence for the Native English-and Ojibway‑language Type B radio programming undertaking CHFN‑FM Cape Croker 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 the licensee to file the annual return for the 2005 broadcast year by no later than 31 August 2010.

Secretary General

Related documents

* This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2010-435

Conditions of licence

1.      The licensee shall devote a minimum of 35% of all category 2 (Popular Music) musical selections broadcast during each broadcast week to Canadian selections broadcast in their entirely.

2.      The licensee shall adhere to the provisions of the Canadian Association of Broadcasters’ Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

3.      The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters’ Equitable Portrayal Code, as amended from time to time and approved by the Commission.


[1] The current licence was administratively renewed until 31 December 2009 in Broadcasting Decision 2009‑506, until 31 May 2010 in Broadcasting Decision 2009‑785, and until 30 June 2010 in Broadcasting Decision 2010‑324.
 
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