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ARCHIVED - Broadcasting Decision CRTC 2010-439

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Route reference: 2009‑786

Ottawa, 30 June 2010

Harvard Broadcasting Inc.
 Regina, Saskatchewan

Application 2009-0159-7, received 15 January 2009

CHMX‑FM Regina – Licence renewal

The Commission renews the broadcasting licence for the English‑language commercial radio station CHMX‑FM Regina from 1 July 2010 to 31 August 2013. This short‑term licence renewal will enable the Commission to review the licensee’s compliance with the Radio Regulations, 1986 at an earlier date.

Introduction

1.      The Commission received an application by Harvard Broadcasting Inc. (Harvard) to renew the broadcasting licence for the English‑language commercial radio programming undertaking CHMX‑FM Regina, 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 noted 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 2007 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 given broadcast year by 30 November of that same broadcast year. The Commission notes that for the 2007 and 2008 broadcast years, the licensee filed its annual returns after this 30 November deadline.

4.      The licensee indicated that the annual returns were filed past the deadline due to an administrative error related to the timing of its external auditing process. In order to ensure compliance in the future, the licensee has moved to a year‑end which coincides with the end of the broadcast year.

Conclusion

5.      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 CHMX‑FM would be appropriate. Accordingly, the Commission renews the broadcasting licence for the English‑language commercial radio programming undertaking CHMX‑FM Regina 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 the licensee’s compliance with the Regulations at an earlier date. The licence will be subject to the conditions set out in Broadcasting Regulatory Policy 2009‑62.

Employment equity

6.      In accordance with Public Notice 1992‑59, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

Secretary General

Related documents

*This decision is to be appended to the licence.

[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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