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ARCHIVED - Broadcasting Decision CRTC 2010-889

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Route reference: 2010-334

Ottawa, 30 November 2010

Newcap Inc.
 Edmonton, Alberta

Application 2010-0295-6, received 16 February 2010

CIRK-FM Edmonton – Licence renewal

The Commission renews the broadcasting licence for the English-language commercial radio station CIRK-FM Edmonton from 1 December 2010 to 31 August 2014. This short-term 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 Newcap Inc. (Newcap) to renew the broadcasting licence for the English-language commercial radio programming undertaking CIRK-FM Edmonton, which expires 30 November 2010.[1] The Commission did not receive any interventions in connection with this application.

2.      In Broadcasting Notice of Consultation 2010-334, the Commission stated that the licensee may have failed to comply with section 15(2) of the Radio Regulations, 1986 (the Regulations) relating to Canadian content development (CCD) contributions for the 2008-2009 broadcast year.

Non-compliance

3.      As set out in the Regulations, licensees are required to complete payment of their required CCD contributions for a given broadcast year by the end of that broadcast year (i.e. 31 August). The Commission notes that for the 2008-2009 broadcast year, the licensee made its CCD contribution after this 31 August deadline, and that there was a shortfall in this contribution.

4.      The licensee indicated that while it had inadvertently used its other station’s (CKRA-FM Edmonton) revenues as the basis for CIRK-FM Edmonton’s contribution for the 2008-2009 broadcast year, it contributed the shortfall amount to eligible CCD initiatives, including FACTOR, upon notification by the Commission.

5.      The Commission confirms that the licensee has provided the necessary proof of payment but notes that payments were nonetheless made after the 31 August deadline for the 2008-2009 broadcast year.

Conclusion

6.      In light 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 CIRK-FM is appropriate. Accordingly, the Commission renews the broadcasting licence for the English-language commercial radio programming undertaking CIRK-FM Edmonton from 1 December 2010 to 31 August 2014. This short-term renewal will enable the Commission to review, at an earlier date, the licensee’s compliance with the Regulations. The licence will be subject to the conditions set out in Broadcasting Regulatory Policy 2009-62.

Employment equity

7.      Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the department of Human Resources and Social Development Canada, its employment equity practices are not examined by the Commission.

Secretary General

Related documents

* This decision is to be appended to the licence.

Footnote

[1] The licence was administratively renewed from 1 September to 30 November 2010 in Broadcasting Decision 2010-635.

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