ARCHIVED - Letter
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Ottawa, 17 May 2012
Radio 710 AM Inc
c/o Mr. Andy Ferri, President
P.O. Box 910
Niagara Falls, Ontario
L2E 6X7
E-mail: andyferri@iaw.com
Re: Renewal application 2011-0862-1, CJRN Niagara Falls, Ontario
Dear Mr. Ferri,
This letter is to clarify the instances of apparent non-compliance as set out in Broadcasting Notice of Consultation CRTC 2012-224, Notice of Hearing, 18 June 2012 (NOC 2012-224) and Broadcasting Notice of Consultation CRTC 2012-224-1, Notice of Hearing, 18 June 2012 (NOC 2012-224-1) and to notify you of the Commission’s intention to discuss them with you at the public hearing. A response to this letter is not required. The licensee will be given the opportunity to address these issues at the public hearing.
As noted in NOC 2012-224:
1. The licensee may have failed to comply with sections 8(5) and 8(6) of the Radio Regulations, 1986 (the Regulations) concerning the provision of clear and intelligible tape recordings or other exact copy of matter broadcast for the week of 14 to 20 August 2011.
2. The licensee may have failed to comply with condition of licence 1 set out in the appendix to CJRN Niagara Falls – Acquisition of Assets (corporate reorganization), Broadcasting Decision CRTC 2009-515, 21 August 2009 (Broadcasting Decision 2009-515).
In particular, it appears that the licensee may have failed to comply with this condition of licence during the broadcast week of 18 to 24 April 2010, when the station aired the following on Wednesday, 21 April 2010:
- newscasts with international, national and regional items;
- promotions for “105.1 The River” and “The All New Z101 at 101.1 on the FM dial”; and
- sports updates that included international items including, but not limited to, NHL updates with respect to Detroit vs. Phoenix, Nashville vs. Chicago, Philadelphia vs. New Jersey and San Jose vs. Colorado.
3. The licensee may have to failed to comply with condition of licence 1 set out in the appendix to CJRN Niagara Falls – Acquisition of Assets (corporate reorganization), Broadcasting Decision CRTC 2009-515, 21 August 2009 (Broadcasting Decision 2009-515), during the broadcast week of 14 to 20 August 2010. The licensee broadcast the program Reflections of Islam, which contained spoken word programming and musical selections with a duration exceeding one minute.
4. The licensee may have failed to comply with section 9(2) of the Regulations concerning the submission of annual returns for the 2008-2009 and 2009-2010 broadcast years.
Additionally, as noted in NOC 2012-224-1:
5. The licensee may have failed to comply with section 9(4) of the Regulations regarding the requirement to provide a response to a Commission inquiry for matters under its jurisdiction. Specifically, the licensee failed to provide its logger tapes for 14 and 15 August 2011 as requested. Further, the licensee has failed to provide a music list and a self-assessment report for the broadcast week of 14 to 20 August 2011
To clarify this last instance of apparent non-compliance, the licensee may have also failed to comply with sections 9(3)(a) and 9(3)(b) of the Radio Regulations, 1986 (the Regulations), respectively related to the requirement to produce a station self-assessment report and with the requirement to provide a list of musical selections in the order in which they were broadcast, for the broadcast week 14-20 August 2011.
The Commission intends to inquire into these matters at the hearing. The Commission expects the licensee to show cause at this hearing why a mandatory order requiring the licensee to comply with sections 8(5), 8(6), 9(2), 9(3)(a), 9(3)(b), and 9(4) of the Regulations and with condition of licence 1 set out in the appendix to Broadcasting Decision 2009-515 should not be issued.
The Commission reminds the licensee that it may also consider recourse to additional measures, including short-term renewal, suspension, non-renewal or revocation of the licence, pursuant to sections 9 and 24 of the Broadcasting Act.
A copy of this letter will be added to your application to be made available for public examination.
Should you need further information concerning your application, please do not hesitate to contact me by telephone at 819-953-5130 or by fax at 819-994-0218.
Yours truly,
Sherwin Pagtakhan
Analyst
Radio Applications and Policy
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