ARCHIVED - Broadcasting Notice of Consultation CRTC 2013-221

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Ottawa, 8 May 2013

Notice of applications received

Various locations
Renewal of the broadcasting licences for certain campus and community radio stations – Licensees in apparent non-compliance
Deadline for submission of interventions/comments/answers: 12 June 2013

[Submit an intervention/comment/answer or view related documents]

The Commission announces that it has received applications to renew the broadcasting licences for certain campus and community radio programming undertakings, which expire 31 August 2013.

The licensees propose to operate their undertakings under the same terms and conditions as those set out in the current licences. In addition, the licensees will be required to adhere to the conditions set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012.

In each case, the Commission has examined the licensee’s compliance with the requirements relating to the filing of annual returns set out in section 9(2) of the Radio Regulations, 1986 (the Regulations). Based on this examination, the licensees listed below appear to be in non-compliance with section 9(2) of the Regulations during the current licence term, for the broadcast years listed below.

The Commission intends to consider the renewal of these broadcasting licences according to the approach set out in Revised approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2011-347, 26 May 2011.

Campus radio stations

Licensee name and address
Email address to request an electronic version of the application
Application number, call sign and location Broadcast years of apparent non-compliance Licensee’s explanation for the apparent non-compliance
B.C.I.T. Radio Society
3700 Willingdon Avenue
Burnaby, British Columbia
V5G 3H2
Fax: 604-432-8510
Email: judy_mills@bcit.ca
2011-1455-3
CFML-FM Burnaby
2005-2006,
2006-2007,
2007-2008,
2008-2009 and
2009-2010
The lateness in filing annual returns was due to inefficient internal communications. In regard to the 2008-2009 and 2009-2010 annual returns specifically, a previous Station Manager failed to properly file them on time.
CKDU-FM Society
6136 University Avenue Halifax, Nova Scotia
B3H 4J2
Email: info@ckdu.ca
2012-0357-0
CKDU-FM Halifax
2005-2006,
2006-2007, and
2007-2008
Missing annual returns were not filed due to a lack of understanding and communication on behalf of the Station Coordinator, who failed to fulfill the duties of the position and the CKDU Board, which failed to properly train and supervise the Station Coordinator.
Concordia Student Broadcasting Corporation
7141 Sherbrooke Street West
Suite CC-430
Montréal, Quebec
H4B 1R6
Fax: 450-963-7229
Email: lours2003@videotron.ca
2012-0319-0
CJLO Montréal
2008-2009 and
2009-2010
The licensee explained that it was not aware that there was a problem with its financial year ending on 31 May. The licensee did not explain, however, why the annual returns were filed late.

Community radio stations

Licensee name and address
Email address / website to request an electronic version of the application
Application number, call sign and location Broadcast years of apparent non-compliance Licensee’s explanation for the apparent non-compliance
Community Radio Society of Saskatoon Inc.
267-3rd Avenue South Saskatoon, Saskatchewan
S7K 1M4
Email: cfcr@cfcr.ca
Website: www.cfcr.ca
2012-0280-4
CFCR-FM Saskatoon
2009-2010 The General Manager was unaware that the financial statements were missing as the licensee had always filed in a timely manner. The missing financial statements were filed with the Commission as soon as the General Manager became aware of the situation.
Coopérative Radio-Halifax-Métro limitée
5527 Cogswell Street
Halifax, Nova Scotia
B3J 1R2
Fax: 902-429-2574
Email: dg@ckrhfm.ca
2012-0218-4
CKRH-FM Halifax
2008-2009 and 2009-2010 Despite the best efforts of volunteers, the 2008-2009 annual return was submitted late. The missing 2009-2010 financial statements were due to the replacement of one Director General by another that did not have enough time to complete the station’s financial statements on time.
Homegrown Community Radio
14 Lake Street
P.O. Box 195
Killaloe, Ontario
K0J 2A0
Fax: 613-757-0818
Email: radio@chcr.org
2012-0780-4
CHCR-FM Killaloe
and its transmitter CHCR-FM-1 Wilno
2008-2009,
2009-2010 and 2010-2011
The station moved on multiple occasions and temporarily misplaced some financial records as a result. As well, there was no board continuity or proper training for new members or volunteers. The missing returns were subsequently filed.
La Coopérative des montagnes limitée – Radio communautaire
165 Hébert Boulevard
Edmundston, New Brunswick
E3V 2S8
Fax: 506-737-5084
Email: radio@cfai.fm, direction@cfai.fm
Website: www.cfai.fm
2012-0247-3
CFAI-FM Edmundston
2007-2008 and 2008-2009 The licensee indicated that the late filing of its annual returns were due to the inexperience of a former Director General.
La Co-opérative Radio Richmond limitée
3435 Route 206
P.O. Box 250
Petit-de-Grat, Nova Scotia
B0E 2L0
Fax: 902-226-9643
Email : billyjoyce@citu.ca
2012-0283-7
CITU-FM Petit-de-Grat
2010-2011 The licensee indicated that the late filing of its 2010-2011 annual return was due to technical difficulties. In regard to the missing financial statements, the licensee explained that the annual general assembly had not yet taken place and, consequently, the financial statements could not be approved. The president at the time, who is no longer with the organization, was to provide the financial statements to the Commission as soon as they were ready.
La radio campus communautaire francophone de Shawinigan inc.
540 Broadway Avenue
Shawinigan, Quebec
G9N 1M3
Email: dg@radioshawinigan.com
Website: www.radioshawinigan.com
2012-0242-3
CFUT-FM Shawinigan
2006-2007,
2007-2008 and 2009-2010
The licensee cited financial difficulties for the late submission of its annual returns.
La radio communautaire de LaSalle
55 Dupras Avenue
LaSalle, Quebec
H8R 4A8
Email:
info@100-1fm.com
2012-0206-9
CKVL-FM Montréal (LaSalle)
2007-2008,
2008-2009,
2009-2010 and 2010-2011
The licensee cited numerous changes in management personnel for the late and incomplete filing of annual returns.
Radio communautaire du Saguenay inc.
3877 Harvey Boulevard
Jonquière, Quebec
G7X 0A6
Fax: 418-546-2528
Email: michel_bergeron@uqac.ca
Website: www.ckaj.org
2012-0260-6
CKAJ-FM Jonquière and its transmitter CKAJ-FM-1 La Baie
2008-2009 and 2009-2010 The licensee stated it was unaware of the non-compliance regarding the filing of annual returns. The previous management believed that the annual returns were submitted on time and were complete.
Radio communautaire Intergénération Jardin du Québec, CHOC-FM
93 Lachappelle Street East
Saint-Rémi, Quebec
J0L 2L0
Fax: 450-454-9435
Email: direction@chocfm.com
Website: www.chocfm.com
2012-0268-9
CHOC-FM Saint-Rémi and its new transmitters in Napierville and Saint-Jacques-le-Mineur
2006-2007,
2007-2008,
2008-2009,
2009-2010 and 2010-2011
The licensee cited the implementation of a new accounting system for the late filings in 2006-2007 and 2007-2008 and stated that an employee failed to fulfill responsibilities for the other late filings and missing financial statements.
Radio Nord-Joli inc.
245 Beauvillier Street
Saint-Gabriel de Brandon, Quebec
J0K 2N0
Fax: 450-835-3581
Email: rnjoli@bellnet.ca
2012-0270-5
CFNJ-FM Saint-Gabriel de Brandon and its transmitter CFNJ-FM-1 Saint Zénon
2005-2006,
2006-2007 and 2009-2010
The Director General stated that he was unaware of the regulatory obligation to file the annual returns by 30 November of each year.
Wired World Inc.
1446 King Street
Kitchener, Ontario
N2G 2N7
Fax: 519-886-0090
Email: lvillalon@ckwr.com
Website: www.ckwr.com
2012-0281-1
CKWR-FM Kitchener
2008-2009 and 2009-2010 The current Board of Directors was unaware of the requirement to submit annual returns, but took immediate action to file them when it became aware of the requirement.

Procedure

Deadline for interventions or answers

12 June 2013

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277 (the Rules of Procedure), set out, among other things, the rules for content, format, filing and service of interventions, the procedure for filing confidential information and requesting its disclosure, and the conduct of public hearings. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and its accompanying documents, which can be found on the Commission’s website under “CRTC Rules of Practice and Procedure.”

An intervention or answer from a respondent must be received by the Commission and by the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

In accordance with the Rules of Procedure, a document must be filed with, not merely sent to, the Commission by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. The Commission takes no responsibility for postal delays and will not notify a party whose submission is received after the deadline date. Late submissions will not be considered by the Commission and will not be made part of the public file.

Interventions and answers from respondents will be considered by the Commission and will form part of the public record of the proceeding without further notification to parties, provided the procedures set out in the Rules of Procedure and this notice have been followed. Parties will be contacted only if their submissions raise procedural questions.

Submissions must be filed by sending them to the Secretary General of the Commission by only one of the following means:

by using the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents, as it may be difficult to establish that service has occurred.

Parties must ensure that, before initiating service through electronic mode, they will be able to satisfy the Commission, upon request, that service was completed. The sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed.

Submissions longer than five pages should include a summary.

Each paragraph of the submission should be numbered. In addition, where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been altered during electronic transmission.

Interventions and answers should clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, facsimile, e-mail or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, e-mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

The Commission encourages parties and interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Examination of documents

An electronic version of the applications is available on the Commission’s website by selecting the application number within this notice. It is also available from the licensees, either on their websites or upon request by contacting the licensees at their email addresses, provided above.

A list of all interventions and answers will also be available on the Commission’s website. The list is accessible by selecting “View all proceedings open for comment” from the “Public Proceedings” section of the Commission’s website and by clicking on the “Interventions/Answers” link associated with this notice.

Documents are also available during normal office hours at the Commission offices and documentation centres directly involved with these applications, or, upon request, within two (2) working days, at any other Commission offices and documentation centres.

Location of Commission offices

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage, Room 206
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional offices

Nova Scotia

Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

Quebec

205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel.: 514-283-6607

Ontario

55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096

Manitoba

360 Main Street
Suite 970
Winnipeg, Manitoba
R3C 3Z3
Tel.: 204-983-6306
Fax: 204-983-6317

Saskatchewan

2220 – 12th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422

Alberta

100 – 4th Avenue South-West
Suite 403
Calgary, Alberta
T2P 3N2
Tel.: 403-292-6660
Fax: 403-292-6686

British Columbia

858 Beatty Street
Suite 290
Vancouver, British Columbia
V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General

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