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ARCHIVED - Broadcasting Decision CRTC 2010-607

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Route reference: 2010-146

Additional reference: 2010-146-3

Ottawa, 20 August 2010

Arctic Radio (1982) Limited
 Flin Flon, Manitoba

Application 2010-0196-6, received 9 February 2010
Public Hearing in Toronto, Ontario
12 May 2010

CFAR Flin Flon – Licence renewal

The Commission renews the broadcasting licence for the English-language commercial AM radio station CFAR Flin Flon from 1 September 2010 to 31 August 2017.

Introduction

1.      The Commission received an application by Arctic Radio (1982) Limited to renew the broadcasting licence for the English-language commercial AM radio programming undertaking CFAR Flin Flon. The Commission did not receive any interventions in connection with this application.

2.      In Broadcasting Notice of Consultation 2010-146, the Commission stated that the licensee may have failed to comply with section 9(2) of the Radio Regulations, 1986 (the Regulations) regarding the provision of annual reports for the 2008-2009 broadcast year. The Commission called the licensee to a public hearing to inquire into this matter. At the hearing, the Commission expected the licensee to show cause as to why a mandatory order should not be issued requiring the licensee to comply with section 9(2) of the Regulations.

3.      In Broadcasting Notice of Consultation 2010-146-3, the Commission announced that it had moved this application to the non-appearing phase of the public hearing.

Commission’s analysis and determinations

4.      After examining the application in light of applicable regulations and policies, the Commission considers that the issues to be addressed in its determinations are the following:

Provision of annual returns

5.      Pursuant to 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 the licensee filed its annual returns for the 2008-2009 broadcast year on 15 December 2009, after the 30 November deadline.

6.      In a letter dated 3 March 2010, the licensee stated that its book keeper was sick and that its accountant was away when the annual return was due. The licensee noted that these were extremely unusual events that are not likely to occur again. The licensee further stated that, in the future, it will hire outside services to complete its year-end documents on time if it is unable to complete the task using only its in-house staff.

7.      The Commission is satisfied that the licensee has taken the necessary measures to ensure future compliance with its reporting obligations. The Commission therefore does not consider it necessary to issue a mandatory order pursuant to section 12(2) of the Broadcasting Act requiring the licensee to comply with section 9(2) of the Regulations.

Length of the new licence term

8.      The Commission notes that this is the third consecutive licence term in which CFAR has been found to be in non-compliance with the Regulations and its conditions of licence.

9.      In Broadcasting Decision 2004-334, the Commission renewed CFAR’s licence for a four-year term, due to the licensee’s non-compliance with the Regulations as they relate to the broadcast of Canadian content for category 2 (Popular Music) musical selections, and with the condition of licence relating to the broadcast of a minimum of two hours of programming in the Cree language each broadcast week. In Broadcasting Decision 2008-149, the Commission renewed CFAR’s licence for a two-year term, given the licensee’s non-compliance with the same requirements.

10.  When a station is found to be in non-compliance, its broadcasting licence is usually renewed for a short-term period to permit a further review of its compliance within a reasonable period of time. However, the Commission notes that the licensee has taken the necessary measures to comply with the requirements for which it was previously found to be in non-compliance. Further, the Commission is satisfied with the licensee’s explanation of the circumstances surrounding its current non-compliance and with the steps taken by the licensee to ensure timely filing of its annual returns in the future. Accordingly, under these circumstances, the Commission considers that a departure from the standard practice is justified and that it is appropriate to renew the broadcasting licence for CFAR for a seven-year term.

Conclusion

11.  In light of the above, the Commission renews the broadcasting licence for the English-language commercial AM radio programming undertaking CFAR Flin Flon from 1 September 2010 to 31 August 2017. The terms and conditions of licence are set out in the appendix to this decision.

Secretary General

Related documents

*This decision is to be appended to the licence

Appendix to Broadcasting Decision CRTC 2010-607

Terms, conditions of licence and encouragement

Terms

The licence will expire 31 August 2017.

Conditions of licence

1.      The licence will be subject to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009

2.      The licensee shall broadcast a minimum of two hours of programming in the Cree language each broadcast week.

Encouragement

Employment equity

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59 1 September 1992, 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.

 

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