ARCHIVED - Letter
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Mr. Mark Lewis, LLP
Partner
Lewis Birnberg Hanet, LLP
693 Queen Street East
Toronto, Ontario
M4M 1G6
By E-mail: application@lbhmedialaw.com
Dear Mr. Lewis:
Re: application 2011-0161-7 – CKYE-FM Vancouver, British Columbia
This is in reference to the letter by Lewis Birnberg Hanet LLP, on behalf of South Asian Broadcasting Corporation Inc.(SABC), dated 14 December 2012, relating to Broadcasting Notice of Consultation CRTC 2012-678 (the Notice), in which the Commission published the licence renewal application for CKYE-FM Vancouver.
In the Notice, the Commission noted that CKYE-FM was found to be in apparent non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations) for each of the 2005-2006, 2007-2008, 2008-2009 and 2009-2010 broadcast years.
In its letter to the Commission, SABC indicated that, in the “deficiency stage” of processing the application there was no discussion of late filings of annual returns in the 2007-2008, 2008-2009 and 2009-2010 broadcast years.
However, in a deficiency letter dated 14 November 2012, Commission staff indicated that according to Commission records, CKYE-FM was in apparent non-compliance with section 9(2) of the Regulations for the 2005-2006 broadcast year as it relates to the timeliness of the filing of the annual return, that is, after the 30 November deadline, and with section 9(2) of the Regulations for the 2007-2008, 2008-2009 and 2009-2010 broadcast years as it relates to the provision of supporting documentation, which enables the Commission to establish the statement of the station’s accounts, with the annual returns. Commission staff notes that this is the same information that was reflected in the Notice.
Commission staff wishes to point out that the Notice did not indicate that CKYE-FM’s apparent non-compliance for each of the 2005 2006, 2007-2008, 2008-2009 and 2009-2010 broadcast years was in relation to the timeliness of the filing of its annual returns. However, the instances of apparent non-compliance for each of these years do fall under the general provisions of section 9(2) of the Regulations, which sets out the licensee’s obligations relating to the filing of the annual return, as well as the obligation to file the annual return by the prescribed deadline.
The present letter, as well as SABC’s letter, dated 14 December 2012, will be added to the public record for the above-mentioned application.
Yours sincerely,
Original signed by
Michael Craig
Manager, Radio Policy and Applications
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