ARCHIVED - Broadcasting Decision CRTC 2010-443

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Route reference: 2009‑786

Additional reference: 2009-786‑1

Ottawa, 30 June 2010

United Christian Broadcasters Canada
Belleville, Cobourg, Brockville, Kingston and Bancroft, Ontario

Application 2009-0150-6, received 14 January 2009

CKJJ-FM Belleville and its transmitters – Licence renewal

The Commission renews the broadcasting licence for the English‑language commercial radio station CKJJ‑FM Belleville and its transmitters 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 and its conditions of licence at an earlier date.

Introduction

1.      The Commission received an application by United Christian Broadcasters Canada (UCB) to renew the broadcasting licence for the English‑language commercial radio programming undertaking CKJJ‑FM Belleville and its transmitters CKJJ‑FM‑1 Cobourg, CKJJ‑FM‑2 Brockville, CKJJ‑FM‑3 Kingston and CKJJ‑FM‑4 Bancroft, which expires 30 June 2010.[1] The Commission received interventions in support of 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 reports, for the 2004 broadcast year. The Commission also noted that the licensee may have failed to comply with its condition of licence relating to contributions to Canadian talent development (CTD) for the 2004 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 issues to be addressed in its determinations relate to the following:

• contributions to CTD and

• the provision of annual reports.

Contributions to Canadian talent development

4.      As set out in the Regulations, licensees are required to complete payment of a contribution to the development of Canadian content or Canadian talent for a given broadcast year by the end of that broadcast year (i.e., 31 August). The Commission notes that the licensee completed its CTD contribution for the 2008 broadcast year after this 31 August deadline. The Commission further notes that the licensee did not file the required CTD form with its 2004 annual return and that there is thus no record of its required $400 CTD contribution being made for that broadcast year.

5.      According to UCB, Commission staff indicated that since the station was operating in 2004 under a temporary licence, it was not under the obligation to start paying its CTD contributions. It further noted that in 2008 it held a Song writing workshop conducted by Matt Brouwer and that his tour date in the area of Belleville was 1 November. UCB stated that this was a planned event for the 2008 return and that had it invoiced the station prior to the event, the CTD contribution for the 2008 broadcast year would have been paid earlier. UCB noted that for the 2009 annual return, the CTD payment had been planned for the first half of the calendar to ensure compliance.

6.      The Commission expects the licensee to complete payment of its required $400 CTD contribution for 2004 by the end of the 2010 broadcast year (i.e., 31 August 2010).

Provision of annual reports

7.      As set out in section 9(2) of the Regulations, licensees are required to file their annual report for a given broadcast year by 30 November of that same broadcast year. The Commission notes that the licensee filed its annual return for the 2004 broadcast year after this 30 November deadline.

8.      The licensee stated that it was not aware that it had to submit annual returns until it actually received the paperwork. In addition, UCB noted that at the beginning it did not have a finance department and relied on audited accounts to produce the figures but had since grown and had been able to employ a bookkeeping/management accountant.

Conclusion

9.      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 CKJJ-FM and its transmitters would be appropriate. Accordingly, the Commission renews the broadcasting licence for the English‑language commercial radio programming undertaking CKJJ‑FM Belleville and its transmitters CKJJ‑FM‑1 Cobourg, CKJJ‑FM‑2 Brockville, CKJJ‑FM‑3 Kingston and CKJJ‑FM‑4 Bancroft 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 and its conditions of licence at an earlier date. The licence will be subject to the conditions set out in the appendix to this decision.

Secretary General

Related documents

• 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
  
  
• Practices regarding radio non‑compliance, Circular No. 444, 7 May 2001

Appendix to Broadcasting Decision CRTC 2010-443

Conditions of licence and encouragement

Conditions of licence

Encouragement

Date modified:

2010-06-30