ARCHIVED -  Letter

Ottawa, 19 June 2013

Michel Morin
Coopérative des travailleurs CHNC
153 Gérard-D.-Lévesque Boulevard
New Carlisle, Quebec
G0C 1Z0

By e-mail: michel@radiochnc.com

Dear Sir:

Re: 2013-0789-3 – Application for technical change to the transmitter CHGM-FM Gaspé, Quebec

This is in response to your application for a technical change to the transmitter CHGM-FM Gaspé, which currently broadcasts the programming of its mother station CHNC-FM
New Carlisle.

Section 28(1)(a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure states that the Commission may require a party to provide information, particulars or documents, as required.

Please provide the following information:

As indicated in Broadcasting Decision CRTC 2008-51, the licensee is subject to the following condition of licence:

In addition to the basic annual contribution, the licensee shall, upon commencement of operations, contribute $1,000 annually to the promotion and development of Canadian content. As proposed by the applicant, its entire basic annual contribution and half ($500) of its additional annual contribution shall be paid to MUSICACTION. The annual remainder, $500, shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives in Broadcasting Public Notice 2006-158.

Missing proof of payment

2010-2011 broadcast year

According to the Commission’s records, the licensee claimed to have made a CCD contribution totalling XXX*: XXX* to MUSICACTION and XXX* to Cégep en spectacles for the 2010-2011 broadcast year. However, Commission staff notes that the licensee did not provide supporting proof of payment.

To enable us to confirm that the payments were made to MUSICACTION and Cégep en spectacles for a total amount of XXX* for the 2010-2011 broadcast year, please provide proof of payment, such as a letter from the third party that received the funds, a copy of a cheque paid or a receipt regarding the project in question.

2011-2012 broadcast year

According to the Commission’s records, the licensee claimed to have made a CCD contribution totalling XXX*: XXX* to MUSICACTION and XXX* to Productions Underground for the 2011-2012 broadcast year. However, Commission staff notes that the licensee did not provide supporting proof of payment.

To enable us to confirm that the payments were made to MUSICACTION and Productions Underground for a total amount of XXX* for the 2011-2012 broadcast year, please provide proof of payment, such as a letter from the third party that received the funds, a copy of a cheque paid or a receipt regarding the project in question.

In addition, according to our records, the licensee should have paid a total CCD contribution of XXX*; the total shortfall is XXX*.

You are reminded that, according to Broadcasting Information Bulletin CRTC
2009¬-251, if a payment is made after 31 August, the licensee will have failed to comply with its obligation to make CCD contributions during the applicable broadcast year. Furthermore, annual contributions required by condition of licence cannot be deferred, in whole or in part, to any subsequent broadcast year unless prior authority is sought and obtained from the Commission.

Accordingly, it appears that CHNC-FM has failed to comply with its conditions of licence in relation to CCD contributions for the 2011-2012 broadcast year.

Please note that if you are unable to provide proof of payment, CHNC-FM could be in apparent non-compliance with its condition of licence regarding CCD contributions for the 2010-2011 and 2011-2012 broadcast years. In addition, if you are unable to provide proof of payment, please answer the following questions:

a) Please explain the circumstances of these apparent non-compliances.
b) Please specify what measures have been or will be put in place to ensure future compliance with your conditions of licence relating to CCD contributions.
c) Please specify the date by which the shortfall will be expended and supporting documents will be filed. You are reminded that you will need to provide the Commission with the proofs of payments once they have been made.
d) Please comment on the possible imposition of a condition of licence relating to the shortfalls.
e) Please provide your plans so as to ensure full compliance with your conditions of licence and the Radio Regulations, 1986 during the new licence term.
f) Please comment on the possibility of a short-term renewal for CHNC-FM, in accordance with Broadcasting Information Bulletin CRTC 2011-347, should you be found in non-compliance with your condition of licence relating to CCD. Please note that the sanction could be stronger than a short-term renewal for major instances of non-compliance, such as: imposition of conditions of licence, mandatory orders, non-renewal, suspension, or revocation of the licence.

*NOTE: As mentioned below, you are asked to repeat each question in your answer. However, in this case, please do not specify the sums indicated in red to protect the confidentiality of the station’s annual revenues.

In the event that the Commission deems that the proofs of payment you will file are insufficient, the licensee may then be found in apparent non-compliance with the above-mentioned condition of licence shortfalls for the 2010-2011 and 2011 2012 broadcast years, and with paragraph 9(2) of the Radio Regulations, 1986 with regard to the filing of incomplete annual reports.

You are required to provide the information noted above on the public record by 28 June 2013.

Considering the above request, the timetable for the proceeding is changed as follows:

The Commission requires that you submit your documents electronically using the secured service “My CRTC Account” (Partner Log In or GCKey) and fill in the “Broadcasting and Telecom Cover page” located on this web page. On this web page, you will also find a link to information on the submission of applications to the Commission “Submitting applications and other documents to the CRTC using My CRTC Account.”

A copy of this letter and all related correspondence will be added to the public record of the proceeding.

Yours sincerely,
Diane Massie
Radio Analyst

Date modified:

2013-06-19