ARCHIVED - Broadcasting Notice of Consultation CRTC 2013-223

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Ottawa, 8 May 2013

Notice of applications received

Various locations
Renewal of the broadcasting licences for certain Native Type B 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 Native Type B 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 Native Broadcasting Policy, Public Notice CRTC 1990-89, 20 September 1990.

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 licensee appears 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.

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
Corporation de Radio Kushapetsheken Apetuamiss Uashat
100 Montagnais Street
RR 2
Maliotenam, Quebec
G4R 4K2
Email: guylaine@ckau.com
2012-1408-0
CKAU-FM Maliotenam and its transmitter CKAU-FM-1 Sept-Îles
2008-2009 and
2009-2010
The licensee explained that its accountant was away on maternity leave during the 2008-2009 broadcast year, and that there was a change in its accounting firm. The licensee stated that it believed that all documents had been filed on time, with the exception of those for 2008-2009.
Corporation Médiatique Teuehikan
1491 Ouiatchouan Street
Mashteuiatsh, Quebec
G0W 2H0
Fax: 418-275-7964
Email: chuk@chukfm.ca
Website: www.chukfm.ca
2012-1541-8
CHUK-FM Mashteuiatsh
2008-2009,
2009-2010 and
2010-2011
The licensee indicated that it took for granted that the station’s previous Director General understood the filing requirements and that the annual returns were complete and had been filed on time.
Gespegewag Communications Society
116 Riverside Street West
Listuguj, Quebec
G0C 2R0
Fax: 418-788-2653
Email: chrq1069@globetrotter.net
2012-1373-5
CHRQ-FM Restigouche
2008-2009,
2009-2010 and
2010-2011
The licensee did not explain the circumstances surrounding the instances of apparent non-compliance.
FDB Broadcasting Inc.
P.O. Box 8168
Meadow Lake, Saskatchewan
S9X 1T8
Fax: 306-236-2861
Email: cfdmradio@hotmail.com
2012-1397-5
CFDM-FM Meadow Lake
2008-2009,
2009-2010 and
2010-2011
The licensee did not explain the circumstances surrounding the instances of apparent non-compliance.
Micmac Historical Cultural Art Society
44A Riverside Street East
P.O. Box 304
Listuguj, Quebec
G0C 2R0
Fax: 418-788-3524
Email: lindadedam@hotmail.com
2012-1340-5
CFIC-FM Listuguj
2005-2006,
2006-2007,
2007-2008 and
2008-2009
The licensee indicated it was a very busy time of the year and that it did not realize the seriousness of the non-compliance.
Native Communications Society of the N.W.T.
4910 – 50th Street
P.O. Box 2193
Suite 301
Yellowknife, Northwest Territories
X1A 2P6
Fax: 867-873-5977
Email: ncs@ncsnwt.com
Website: www.ncsnwt.com
www.ncsmedia.ca
2012-1515-3
CKLB-FM Yellowknife and its transmitters
VF2069 Deline (Fort Franklin), VF2070 Fort Good Hope,
VF2071 Rae-Edzo,
VF2080 Fort McPherson, VF2081 Fort Resolution, VF2082 Inuvik, VF2083 Aklavik
and VF2102 Fort Simpson
2008-2009,
2009-2010 and
2010-2011
In discussions with the Commission, the licensee cited a lack of staff, complicated electronic processes and the heavy administrative burden for small stations.
Radio communautaire MF Lac Simon inc.
1028 Tcizo Street
Lac Simon, Quebec
J0Y 3M0
Email:
j-n.mitchell@tlb.sympatico.ca
2012-1410-6
CHUT-FM Lac-Simon (Louvicourt) and its transmitter CHUT-FM-1 Val d’Or
2008-2009,
2009-2010 and
2010-2011
The licensee indicated that the non-compliance was due to a lack of financial resources that would allow it to retain a full-time accountant.
Société de communication Ikito Pikogan ltée
30 David Kistabish Street
Pikogan, Quebec
J9T 3A3
Fax: 819-727-4432
Email:
ckagfm@cableamos.com
Website: www.ckagfm.com
2012-1387-6
CKAG-FM Pikogan
2010-2011 The licensee was unable to explain the missing financial statements. It stated that it believed everything was submitted properly at the time. The missing financial statements were filed when the licensee became aware of the situation.

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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