ARCHIVED - Broadcasting Decision CRTC 2010-877

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Route reference: 2010-334

Ottawa, 25 November 2010

Haliburton Broadcasting Group Inc.
Parry Sound, Ontario

Application 2010-0194-0, received 9 February 2010

CKLP-FM Parry Sound – Licence renewal

The Commission renews the broadcasting licence for the English-language commercial radio station CKLP-FM Parry Sound from 1 December 2010 to 31 August 2014. This short-term licence renewal will enable the Commission to review, at an earlier date, the licensee’s compliance with the Radio Regulations, 1986 and its conditions of licence.

Introduction

1.      The Commission received an application by Haliburton Broadcasting Group Inc. (Haliburton) to renew the broadcasting licence for the English-language commercial radio programming undertaking CKLP-FM Parry Sound, which expires 30 November 2010.[1] The Commission received interventions in support of the application. The interventions are available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

2.      In Broadcasting Notice of Consultation 2010-334, the Commission stated that the licensee may have failed to comply with its condition of licence relating to contributions to Canadian talent development (CTD) for the 2003-2004 to 2005-2006 broadcast years. The Commission also stated that the licensee may have failed to comply with the Radio Regulations, 1986 (the Regulations) as they relate to the broadcast of Canadian musical selections from content category 2 (Popular music).

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 broadcast of Canadian musical selections.

Contributions to Canadian talent development

4.      As noted above, the licensee had a shortfall in its CTD contribution for the 2003-2004 to 2005-2006 broadcast years. The Commission further notes that the shortfall amounts have since been paid to eligible initiatives.

5.      The applicant indicated that the instances of non-compliance occurred when the station ran a poetry song writer contest in the 2003-2004 to 2005-2006 broadcast years. A lack of participation from the population prevented it from contributing to this initiative and resulted in a shortfall in its CTD expenditure that was therefore carried forward. Haliburton has indicated that it will now direct its funds to FACTOR or other eligible initiatives.

Broadcast of Canadian musical selections

6.      The Commission notes that for the week of 13 to 19 April 2008, the licensee devoted 34.6%, instead of the required 35%, of the station’s musical selections from content category 2 (Popular music) to Canadian selections broadcast in their entirety.

7.      Haliburton explained that three songs were wrongly classified as Canadian in the station’s computer system. It also stated that although Canadian content is checked weekly, it failed to conduct the verification that week due to personal circumstances.

Conclusion

8.      In light of all of the above and 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 CKLP-FM is appropriate. Accordingly, the Commission renews the broadcasting licence for the English-language commercial radio programming undertaking CKLP-FM Parry Sound from 1 December 2010 to 31 August 2014. This short-term renewal will enable the Commission to assess, at an earlier date, the licensee’s compliance with the Regulations and its conditions of licence. The licence will be subject to the conditions set out in the appendix to this decision.

Employment equity

9.      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

• Administrative renewals, Broadcasting Decision CRTC 2010-635, 30 August 2010

• Notice of applications received, Broadcasting Notice of Consultation CRTC 2010-334, 1 June 2010

• Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009

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

• Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992

* This decision is to be appended to the licence.

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