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Ottawa, 18 September 2013

DM5# 1971851

Mr. Sukhdev S. (Dave) Dhillon
President, Satnam Media Group (BC) Ltd.
207 – 8334 128 Street
Surrey, BC
V3W 4G2

E-mail: cihsfm@gmail.com

Re: Logger tapes and music list for CFSI-FM

Dear Mr. Dhillon,

This letter is in reference to numerous attempts by Commission staff to obtain the logger tapes and music lists for CFSI-FM Salt Spring Island for the broadcast week of 28 April 2013 to
4 May 2013.

The Commission notes the following:

• 7 May 2013 - Commission staff sent a letter to Mr. Mike Cherry, Operations Manager for CFSI-FM, requesting that it submit its logger tapes and music lists for the broadcast week of 28 April 2013 to 4 May 2013, by the deadline of 28 May 2013.

• 28 May 2013 - Mr. David Gordon informed Commission staff that he was handling operations at CFSI-FM in the absence of Mr. Cherry. Additionally, Mr. Gordon indicated that there were issues with its logger system and that the technical team at CFSI-FM were working on a solution. Further, Mr. Gordon requested a one-week extension to submit the required materials and that CFSI-FM would courier all required materials by 4 June 2013.

• On 10 June 2013 - Mr. Dhillon submitted the program logs for the broadcast week of 28 April 2013 to 4 May 2013. Additionally, Mr. Dhillon indicated that its technicians were attempting to retrieve its logger tapes and that CFSI-FM will provide the logger tapes within the next couple of days. Mr. Dhillon did not provide an update with respect to the music lists.

• On 3 July 2013 - Commission staff contacted Mr. Dhillon to discuss the missing logger tapes and music lists. Mr. Dhillon stated that he would call Commission staff later that day. No such callback was received.

• On 10 July 2013 - Commission staff sent an e-mail to Mr. Dhillon inquiring about the missing logger tapes and music lists and requested an update. No response was received.

• On 16 July 2013 - Commission staff contacted Mr. Dhillon and inquired about the missing logger tapes and music lists. Mr. Dhillon indicated that he would refer to his files and that Commission staff should call him back in “30 minutes.” Commission staff notes that it had attempted to call back Mr. Dhillon as requested, but that they were unsuccessful. Commission staff left a voicemail for Mr. Dhillon requesting the missing logger tapes and music lists and to contact Commission staff.

Apparent non-compliance

In light of the above, the Commission notes that CFSI-FM has yet to file its logger tapes and music lists. Due to the absence of logger tapes for the broadcast week of 28 April 2013 to 4 May 2013, it appears to the Commission that the licensee may have failed to comply with section 8(5) and 8(6) of the Radio Regulations, 1986 which state:

8(5) A licensee shall retain a clear and intelligible tape recording or other exact copy of all matter broadcast

(a) for four weeks from the date of the broadcast; or

(b) where the Commission receives a complaint from any person regarding the matter broadcast or for any other reason wishes to investigate it and so notifies the licensee before the expiration of the period referred to in paragraph (a), for eight weeks from the date of the broadcast.

8(6) Where, before the expiry of the applicable period referred to in subsection (5), the Commission requests from the licensee a clear and intelligible tape recording or other exact copy of matter broadcast, the licensee shall furnish it to the Commission forthwith.

Additionally, due to the absence of music lists for the broadcast week of 28 April 2013 to 4 May 2013, it appears to the Commission that the licensee may have failed to comply with section 9(3) of the Radio Regulations, 1986 which state:

9(3) At the request of the Commission, a licensee shall submit for any period specified by the Commission in its request

(a) the information required by the most recent Station Self-assessment Report form issued by the Commission;

and

(b) a list of the musical selections in the order in which they are broadcast by the licensee during that period that includes the title and performer of each musical selection and a legend that identifies

(i) any Canadian musical selection,
(ii) any hit,
(iii) any instrumental selection,
(iv) any content category 3 musical selection, and
(v) the language of the musical selection, where the musical selection is not an instrumental selection.

Further, due to the failure to respond to a Commission inquiry, more specifically, failure to provide logger tapes and music lists by the specified deadline for the broadcast week of
28 April 2013 to 4 May 2013, it appears to the Commission that the licensee may have failed to comply with section 9(4)(b) of the Radio Regulations, 1986 which state:

9(4) At the request of the Commission, a licensee shall respond to

(a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and

(b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

In light of the above noted instances of apparent non-compliance:

1. Please explain why you have not submitted the required documents and the circumstances regarding the above instances of non-compliance.

2. What measures have been put in place to ensure future compliance at all times?

3. Please provide your plans so as to ensure compliance with sections 8(5), 8(6), 9(3) and 9(4)(b) of the Radio Regulations, 1986.

4. Please comment on the possibility that the Commission may impose sanctions on your station in accordance with Broadcasting Information Bulletin CRTC 2011-347, or suspend or revoke the licence held by Satnam Media Group (BC) Ltd. pursuant to sections 9 and 24 of the Broadcasting Act (the Act).

Commission direction to CFSI-FM

The Commission notes that CFSI-FM’s logger tapes and music lists for the broadcast week of 28 April 2013 to 4 May 2013 has yet to be received at the Commission. Further, the Commission notes that the licensee has yet to confirm whether it intends to submit the requested materials. Notwithstanding the above, the Commission directs CFSI-FM to:

5. Submit the logger tapes for CFSI-FM for the broadcast week of 28 April 2013 to 4 May 2013, or confirm that CFIS-FM will not be submitting the logger tapes for the requested broadcast week.

6. Submit the music lists for CFSI-FM for the broadcast week of 28 April 2013 to 4 May 2013, or confirm that CFIS-FM will not be submitting the music lists for the requested broadcast week.

If the licensee intends to submit the missing materials, please note that the above noted materials are due to the Commission no later than 26 September 2013. Please note, if you are mailing or using a courier to send material to the Commission, that it is to be received at the Commission by the specified due date.

The Commission reminds Satnam Media Group (BC) Ltd. that it is responsible for ensuring compliance with all regulatory requirements. The Commission will examine the possible imposition of sanctions at CFSI-FM’s next licence renewal.

Should you need further information concerning this letter, please contact Sherwin Pagtakhan at 819-953-5130 or by fax at 819-994-0218.

Sincerely,

(original signed by)

John Traversy
Secretary General

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