ARCHIVED - Broadcasting Decision CRTC 2013-425
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Route reference: 2013-220
Ottawa, 21 August 2013
Canadian Hellenic Toronto Radio Inc.
Toronto, Ontario
Application 2012-1339-7, received 24 October 2012
CHTO Toronto – Licence renewal
The Commission renews the broadcasting licence for the ethnic radio station CHTO Toronto 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. The Commission received an application to renew the broadcasting licence for the ethnic radio station CHTO Toronto, which expires 31 August 2013.[1]
2. The Commission received an intervention by the Province of Ontario related to the participation of the station in the National Public Alerting System (NPAS). The public record for this application is available on the Commission’s website at wwww.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 regard to:
- its condition of licence relating to Canadian talent development (CTD) contributions for 2007-2008 to 2010-2011 broadcast years;
- section 9(2) of the Radio Regulations, 1986 (the Regulations) regarding the provision of annual returns by the 30 November deadline for the 2008-2009 broadcast year; and
- section 9(2) of the Regulations regarding the provision of complete annual returns for each of the 2007-2008, 2009-2010 and 2010-2011 broadcast years, in that financial statements were not provided with the annual returns.
5. The licensee was required, by condition of licence, to contribute $8,500 to CTD in the first three years of operation and $9,000 in subsequent years. Total contributions from 2007-2008 to 2010-2011 amounted to $6,000. The licensee indicated that the previous owner, who has passed away, was the only person who could have explained the non-compliance.
6. Section 9(2) of the Regulations requires licensees to file an annual return by 30 November of each year for the broadcast year ending the previous 31 August. The filing requirements, including the requirement to submit financial statements, are set out in Broadcasting Information Bulletin 2011-795.
7. The licensee stated that its consultant had not indicated that financial statements must be provided with annual returns, and that it would ensure that it was in compliance in the future.
8. In light of the above, the Commission finds the licensee in non-compliance with its condition of licence relating to CTD contributions and with section 9(2) of the Regulations relating to the filing of annual returns on time with all necessary information.
Regulatory measures
9. 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.
10. The Commission considers that initiatives relating to the development of Canadian content and talent 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.
11. The Commission notes that, when informed of the shortfalls in CTD payments through a staff letter in December 2012, the licensee paid all outstanding balances and submitted the necessary proofs of payments to the Commission, even though the station has been operating at a deficit since it started its operations.
12. With respect to annual returns, the Commission notes the explanation provided by the licensee and that all missing financial statements have been received. It reminds the licensee that, as stated in Broadcasting Information Bulletin 2011-795, it is its responsibility to ensure that all appropriate forms and documentation are included with the submission of its annual return. If further clarification is required, it is the licensee’s responsibility to contact the Commission for further direction.
13. Given the circumstances surrounding the non-compliance for Canadian Hellenic Toronto Radio Inc, the Commission considers it appropriate to grant a five-year licence renewal for CHTO. This short-term renewal will allow for an earlier review of the licensee’s compliance with its conditions of licence and with the Regulations.
Conclusion
14. The Commission renews the broadcasting licence for CHTO Toronto from 1 September 2013 to 31 August 2018. The licence will be subject to the conditions of licence set out in the appendix to this decision.
Secretary General
Related documents
- Notice of applications received, Broadcasting Notice of Consultation CRTC 2013-220, 7 May 2013
- Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2012-447, 17 August 2012, as corrected by Broadcasting Decision CRTC 2012-447-1, 22 August 2012
- Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011
- Revised approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2011-347, 26 May 2011
*This decision is to be appended the licence.
Appendix to Broadcasting Decision CRTC 2013-425
Terms, conditions of licence and encouragement for the ethnic radio programming undertaking CHTO Toronto, Ontario
Terms
The licence will expire 31 August 2018.
Conditions of licence
- 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.
- The licensee shall devote a minimum of 88% of the programming broadcast during each broadcast week to third-language programs, as defined in the Radio Regulations, 1986, as amended from time to time.
- The licensee shall broadcast, in each broadcast week, programming directed to a minimum of five cultural groups in a minimum of six languages.
Encouragement
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.
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