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ARCHIVED - Broadcasting Decision CRTC 2013-413

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Route reference: 2013-220

Ottawa, 16 August 2013

1486781 Ontario Limited
 Brantford, Ontario

Application 2012-1341-2, received 24 October 2012

CFWC-FM Brantford – Licence renewal

The Commission renews the broadcasting licence for the English-language specialty (Christian music) radio station CFWC-FM Brantford from 1 September 2013 to 31 August 2018. This short-term renewal will allow for an earlier review of the licensee’s compliance with its conditions of licence and the Radio Regulations, 1986.

Introduction

1. 1486781 Ontario Limited filed an application to renew the broadcasting licence for the English-language specialty (Christian music) radio station CFWC-FM Brantford, Ontario, which expires 31 August 2013.[1]

2. The Commission received an intervention from the Ontario Ministry of Community Safety and Correctional Services relating to the participation of the station in the National Public Alerting System (NPAS). The public record for this application can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

3. As specified in its three-year plan, the Commission will be looking at measures to ensure the participation of Canadian broadcasters and telecommunications service providers in the NPAS. Therefore, the Commission will not impose conditions of licence requiring the participation of broadcasters in the NPAS at this time. However, the Commission expects all licensees to voluntarily participate in the NPAS so that Canadians receive timely warnings of imminent perils.

Non-compliance

4. In Broadcasting Notice of Consultation 2013-220, the Commission noted that the licensee was in apparent non-compliance with section 15(2) of the Radio Regulations, 1986 (the Regulations) relating to Canadian content development (CCD) contributions for the 2009-2010 and 2010-2011 broadcast years. In particular, the licensee failed to make any contributions for those broadcast years, resulting in a total shortfall of $1,000.

5. The licensee indicated that since its previous owner[2] had made an overpayment in the 2008-2009 broadcast year, it believed that it could carry that surplus forward to cover part of its CCD contributions for subsequent years.

6. As stated in Broadcasting Information Bulletin 2009-251, annual “over and above” CCD contributions required by condition of licence cannot be deferred in whole or in part to any subsequent broadcast year unless prior authorization is sought and obtained from the Commission. If a payment is made after 31 August or if it is made to an initiative other than the one specified in the condition of licence, the licensee will be deemed to have failed to comply with its obligation to make CCD contributions during the applicable broadcast year.

7. In light of the above, the Commission finds the licensee in non-compliance with its condition of licence relating to CCD for the 2009-2010 and 2010-2011 broadcast years.

Regulatory measures

8. In Broadcasting Information Bulletin 2011-347, the Commission announced a revised approach to non-compliance by radio stations. Specifically, the Commission indicated that each instance of non-compliance would be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commission also indicated that it would consider the circumstances of the non-compliance, the arguments provided by the licensee and the measures taken to rectify the situation.

9. The Commission considers that initiatives relating to the development of Canadian content and talent will not only help to develop and advance the careers of emerging Canadian artists but will increase the supply of high-quality Canadian music in a variety of genres and the demand for Canadian music by listeners. Accordingly, it is important that radio licensees make their required contributions to the development of Canadian content and talent.

10. The Commission notes that when the licensee was controlled by Anthony Schleifer, it had been found in non-compliance with its requirements relating to CCD contributions.  In accordance with Circular No. 444 Practices regarding radio non-compliance, in effect at the time, the Commission determined that it was appropriate to renew the licence for CFWC-FM for a short-term period of four years.

11. With respect to the current non-compliance, the Commission notes the licensee’s comments to the effect that it is now fully aware of its regulatory requirements and that it will ensure full compliance with all conditions of licence and the Regulations going forward. The Commission further notes that the licensee has made up the entire shortfall as it had committed to do in its 13 December 2012 letter. 

12. Given the above, the Commission considers that the appropriate measure is a short-term renewal for CFWC-FM, the length of which reflects the nature and extent of the non-compliance.

Conclusion

13. In light of all of the above, the Commission renews the broadcasting licence for the English-language specialty (Christian music) radio programming undertaking CFWC-FM Brantford, Ontario, from 1 September 2013 to 31 August 2018. The terms and conditions of licence are set out in the appendix to this decision.

14. The Commission emphasizes the importance it places on a licensee’s fulfillment of its regulatory requirements. The short-term renewal granted in this decision will allow for an earlier review of the licensee’s compliance with its conditions of licence and the Regulations.

Reminder

15. Pursuant to section 22 of the Broadcasting Act, the Commission reminds the licensee that the broadcasting licence will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2013-413

Terms, conditions of licence and encouragement for the specialty (Christian music) radio programming undertaking CFWC-FM Brantford, Ontario

Terms

The licence will expire 31 August 2018.

Conditions of licence

1. The licensee shall adhere to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009, as amended from time to time, with the exception of condition of licence 7.

2. The licensee shall operate the station within the Specialty format as defined in A review of certain matters concerning radio, Public Notice CRTC 1995-60, 21 April 1995, and Revised content categories and subcategories for radio, Broadcasting Regulatory Policy CRTC 2010-819, 5 November 2010, as amended from time to time.

3. During each broadcast week, at least 95% of all musical selections shall be drawn from subcategory 35 (Non-classic religious), as defined in Revised content categories and subcategories for radio, Broadcasting Regulatory Policy CRTC 2010-819, 5 November 2010, as amended from time to time.

4. During each broadcast week, at least 15% of all musical selections drawn from Category 3 (Special interest music) shall be Canadian selections.

Encouragement

Employment equity

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

Footnotes

[1] The original expiry date of CFWC-FM’s broadcasting licence was 31 August 2012. The licence was administratively renewed until 31 August 2013 as a result of Broadcasting Decision 2012-447.

[2] In Broadcasting Information Bulletin 2012-353, the Commission announced that it had approved, by administrative letter dated 17 February 2012, a change in the effective control of 1486781 Ontario Limited from Anthony Schleifer to Sound of Faith Broadcasting.

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