ARCHIVED - Broadcasting Decision CRTC 2013-682
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Route reference: 2013-318
Ottawa, 12 December 2013
Radio MirAcadie inc.
Miramichi, New Brunswick
Application 2013-0194-4, received 25 January 2013
CKMA-FM Miramichi and its transmitter CKMA-FM-1 Neguac –Licence renewal
The Commission renews the broadcasting licence for the community radio station CKMA-FM Miramichi, New Brunswick, from 1 January 2014 to 31 August 2020.
1. Radio MirAcadie inc. (Radio MirAcadie) filed an application to renew the broadcasting licence for the community radio station CKMA-FM Miramichi, New Brunswick, and its transmitter CKMA-FM-1 Neguac, which expires 31 December 2013. The Commission did not receive any interventions regarding this application.
2. In Broadcasting Notice of Consultation 2013-318, the Commission noted that the licensee was in apparent non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations) relating to the filing of annual returns for the 2011-2012 broadcast year. More specifically, the licensee did not submit financial statements for that broadcast year.
3. Section 9(2) of the Regulations requires licensees to file annual returns by 30 November of each year for the broadcast year ending the previous 31 August. The specific filing requirements, including the requirement to submit financial statements, are set out in Broadcasting Information Bulletin 2011-795.
4. The licensee indicated that it did not understand why the Commission does not have a copy of its financial statements since it is certain that they were filed in December 2012.
5. The licensee indicated that it had nonetheless implemented a system that would notify it of the approaching deadline to ensure that its annual returns and financial statements are submitted on time in the future.
6. The Commission notes that the financial statements for the 2011-2012 broadcast year were received on 26 March 2013, more than three months after the 30 November 2012 deadline.
7. In light of the above, the Commission finds the licensee in non-compliance with section 9(2) of the Regulations relating to the filing of annual returns for the 2011-2012 broadcast year.
8. In Broadcasting Information Bulletin 2011-347, the Commission announced a revised approach for dealing with 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 leading to the instances of non-compliance in question, the arguments provided by the licensee and the measures taken to rectify the situation.
9. The Commission notes that compliance with deadlines for the submission of annual returns is important because it enables the Commission to monitor a licensee’s performance and compliance with regulations. Accordingly, it considers annual returns that are incomplete or filed late to be a serious matter.
10. The Commission has reviewed the record for this application and notes the licensee’s explanations regarding its non-compliance. It also notes that this is the station’s only instance of non-compliance. Furthermore, the Commission is satisfied with the measures taken by the licensee to ensure CKMA-FM’s compliance in the future. Given the circumstances surrounding Radio MirAcadie’s non-compliance, the Commission finds it appropriate to grant CKMA-FM a full-term licence renewal.
11. In light of all of the above, the Commission renews the broadcasting licence for the community radio programming undertaking CKMA-FM Miramichi, New Brunswick, and its transmitter CKMA-FM-1 Neguac from 1 January 2014 to 31 August 2020. The terms and conditions of licence are set out in the appendix to this decision.
12. 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.
- Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2013-418, 19 August 2013
- Notice of applications received, Broadcasting Notice of Consultation CRTC 2013-318, 2 July 2013
- 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 to the licence.
Appendix to Broadcasting Decision CRTC 2013-682
Terms, conditions of licence, expectations and encouragements for the community radio programming undertaking CKMA-FM Miramichi, New Brunswick, and its transmitter CKMA-FM-1 Neguac
The licence will expire 31 August 2020.
Conditions of licence
1. The licensee shall 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, as amended from time to time.
As set out in Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010, the Commission expects all community and campus licensees to file yearly updates on the composition of their boards of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections, or at any other time. As noted in Appendix 3 to that policy, licensees may submit this information via the Commission’s website.
The Commission considers that community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages licensees to consider these issues in its hiring practices and in all other aspects of their management of human resources.
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