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ARCHIVED - Broadcasting Decision CRTC 2013-742

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Route reference: 2013-325

Ottawa, 20 December 2013

Lighthouse Broadcasting Limited
 Medicine Hat, Alberta

Application 2013-0312-2, received 6 February 2013

CJLT-FM Medicine Hat – Licence renewal

The Commission renews the broadcasting licence for the specialty (Christian music) radio station CJLT-FM Medicine Hat, Alberta, from 1 January 2014 to 31 August 2020.

Introduction

1. Lighthouse Broadcasting Limited (Lighthouse) filed an application to renew the broadcasting licence for the specialty (Christian music) radio station CJLT-FM Medicine Hat, Alberta, which expires 31 December 2013.[1] The Commission did not receive any interventions regarding this application.

Non-compliance

2. In Broadcasting Notice of Consultation 2013-325, 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 complete annual returns for the 2011­2012 broadcast year. Specifically, the financial statements were not submitted with the annual return for that 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 with the annual returns, are set out in Broadcasting Information Bulletin 2011-795.

4. The licensee explained that the station was operating on a different fiscal year. It noted that it had provided correct information for the annual return but failed to adjust the financial statements prepared by the previous owner.[2] To guarantee future compliance with this requirement, Lighthouse indicated that it would henceforth ensure to amalgamate its financial statements. It also indicated that it would complete and file its annual returns prior to the 30 November deadline based on the company’s internal financial statements.

5. 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 complete annual returns for the 2011-2012 broadcast year.

6. The Commission also notes that in Broadcasting Decision 2010-419, it renewed CJLT-FM’s licence for a short-term period, given the station’s non-compliance with its condition of licence relating to contributions to Canadian talent development for the 2007-2008 broadcast year. These non-compliance issues have been resolved.

Regulatory measures

7. 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.

8. The Commission notes that timely compliance with reporting requirements is important because it allows the Commission to monitor licensee performance and compliance with its regulations and requirements, as well as to gather statistics for assessing the industry and preparing monitoring reports on which the industry relies. Accordingly, it considers annual returns that are incomplete and/or filed late to be a serious matter.

9. The Commission has reviewed the record for this application and is of the view that the necessary measures have been put in place to ensure future compliance. Given the circumstances surrounding CJLT-FM’s non-compliance, the Commission finds it appropriate to grant the station a full-term licence renewal.

Conclusion

10. In light of all of the above, the Commission renews the broadcasting licence for the specialty (Christian music) radio programming undertaking CJLT-FM Medicine Hat, Alberta, from 1 January 2014 to 31 August 2020. The terms and conditions of licence are set out in the appendix to this decision.

Reminder

11. 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 2013-742

Terms, conditions of licence, expectation and encouragement for the specialty (Christian music) radio programming undertaking CJLT-FM Medicine Hat, Alberta

Terms

The licence will expire 31 August 2020.

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

3. The licensee shall devote at least 95% of all musical selections broadcast each broadcast week to selections 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. Where the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV. of that public notice with respect to the provision of balance and ethics in religious programming, as amended from time to time.

5. The licensee shall adhere to the Commission’s policy regarding open-line programming, as set out in Policy regarding open-line programming, Public Notice CRTC 1988-213, 23 December 1988.

Expectation

The Commission expects the licensee to honour its commitment to distribute the tangible benefits flowing from the 2008 ownership transaction approved in Applications processed pursuant to streamlined procedures – Information bulletin, Broadcasting Public Notice CRTC 2008-114, 3 December 2008.

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.

Footnotes

[1] The original expiry date of the broadcasting licence for CJLT-FM was 31 August 2013. This licence was administratively renewed until 31 December 2013 in Broadcasting Decision 2013-418.

[2] As set out in Appendix 1 to Broadcasting Information Bulletin 2013-62, the Commission approved the temporary management and control of Lighthouse to Vista Radio Ltd. However, the Commission also noted that Lighthouse remains the licensee of CJLT-FM.

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