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ARCHIVED - Broadcasting Decision CRTC 2013-704

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Route reference: 2013-315

Ottawa, 16 December 2013

Les Productions du temps perdu inc.
 Lac-Mégantic, Quebec

Application 2013-0224-9, received on 25 January 2013

CJIT-FM Lac-Mégantic – Licence renewal

The Commission renews the broadcasting licence for the commercial radio station CJIT-FM Lac-Mégantic, Quebec, from 1 January 2014 to 31 August 2020.

Introduction

1. Les Productions du temps perdu inc. (Productions du temps perdu) filed an application to renew the broadcasting licence for the commercial radio station CJIT-FM Lac-Mégantic, Quebec, which expires on 31 December 2013.[1]

2. The Commission received interventions regarding this application from the Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ), as well as from the Ministère de la Culture et des Communications and the Ministère de la Sécurité publique (the Ministères), on behalf of the Government of Quebec. The public record for this application can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

3. The intervention from the Ministères related to the participation of the station in the National Public Alerting System (NPAS). In this regard, 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 2013-315, the Commission noted that the licensee was in apparent non-compliance with:

Canadian content and talent development

5. The licensee explained that the non-compliance relating to CTD/CCD was owing to the previous owner. Attraction Média inc., the owner of the licensee Productions du temps perdu, noted that as part of the transfer of effective control of the station approved by the Commission by letter of authority and announced in Broadcasting Information Bulletin 2012-662, it had committed to rectify all of the station’s shortfalls relating to CCD contributions.

6. The Commission notes that the instances of non-compliance indeed occurred before the change in effective control. The shortfalls in contributions to MUSICACTION amounting to $2,400 have since been paid by Attraction Média inc. and proof of payment has been filed with the Commission. Further, there have been no outstanding shortfalls since the change in effective control.

7. In light of the above, the Commission finds the licensee in non-compliance with its condition of licence relating to CTD contributions for the 2007-2008 broadcast year and with section 15 of the Regulations relating to CCD contributions for the 2008-2009 to 2011-2012 broadcast years.

Filing of complete annual returns

8. 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.

9. With respect to the missing financial statements, the licensee stated that this was an unfortunate oversight during the preparation and filing of the annual return.

10. The licensee added that it had put measures in place to ensure that the managers of the stations that it had acquired a little over a year ago comply with the conditions of licence and the regulatory obligations of the stations they manage.

11. The Commission notes that the missing financial statements were filed.

12. In light of the above, the Commission finds the licensee in non-compliance with section 9(2) of the Regulations relating to the provision of complete annual returns for the 2010-2011 broadcast year.

Regulatory measures

13. 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.

14. 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 also to 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.

15. The Commission notes that compliance with deadlines for the filing of complete annual returns is important because it enables the Commission to monitor a licensee’s performance and compliance with regulations and requirements. Accordingly, it considers the late or incomplete filing of annual returns a serious matter.

16. The Commission has reviewed the record for this application and has taken into account the licensee’s explanations. The Commission notes that the instances of non-compliance occurred when the station was under the control of the previous owner. Given the circumstances surrounding the non-compliance of Productions du temps perdu regarding CJIT-FM, the Commission finds it appropriate to renew CJIT­FM’s licence for a full licence term.

Other matters

17. In Broadcasting Decision 2007-79, the licensee proposed a tangible benefits package of $12,012 to be allocated over seven consecutive broadcast years to the eligible initiatives set out in that decision. The Commission notes that in a letter dated 9 April 2013, the licensee committed to expend, by no later than 31 August 2013, the outstanding amount of $6,006 to meet its commitment relating to tangible benefits. Given that the annual returns of stations must be filed by 30 November, the Commission directs the licensee, by condition of licence, to file proof of payment regarding this contribution by no later than 16 January 2014 and in a manner deemed acceptable by the Commission, as announced in Broadcasting Information Bulletin 2011-795.

Conclusion

18. In light of all of the above, the Commission renews the broadcasting licence for the commercial radio programming undertaking CJIT-FM Lac-Mégantic, Quebec, from 1 January 2014 to 31 August 2020. The licensee shall adhere to the conditions of licence set out in Broadcasting Regulatory Policy 2009-62, as amended from time to time. Further, by condition of licence and in order to meet its commitment in Broadcasting Decision 2007-79, the licensee must file proof of payment of the outstanding contribution of $6,006 in tangible benefits no later than 16 January 2014 and in a manner deemed acceptable by the Commission.

Reminder

19. 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.

Employment equity

20. In accordance with Public Notice 1992-59, 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.

Secretary General

Related documents

*This decision is to be appended to the licence.

Footnote

[1] The original expiry date for CJIT-FM’s broadcasting licence was 21 August 2013. The licence was administratively renewed until 31 December 2013 in Broadcasting Decision 2013-418.

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