ARCHIVED -  Letter

Michel Mathieu
For CFNJ-FM Radio Nord-Joli inc.
5640 Panard Crescent
Laval, Quebec
H7K 1C2
By fax: 450-963-7229

Re: Application 2013-1217-3 – Increase in power of transmitter CHHO-FM Louiseville, Quebec.

Dear Mr. Mathieu:

This is in response to your letter of November 28, 2013, to the Commission requesting that it reject the reply provided by CHHO-FM on November 22, 2013, submitted to the Commission by the agreed deadline.

The staff would first like to remind both parties that it is necessary to comply with the rules and procedures established by the Commission. More specifically, it is necessary to ensure that all requests, interventions or replies are served to all requesters, respondents and stakeholders as required under subsections 22(1)b), 26(2)k) and 27(2)e) of the CRTC’s Rules of Procedure.

A summary of the facts:

• On September 5, 2013, the Commission published a request from the Coop de solidarité radio communautaire RCM of Maskinongé to modify the technical parameters of the FM community radio undertaking CHHO-FM Louiseville ,Quebec.

• On October 7, 2013, the deadline to file an intervention, Michel Mathieu, on behalf of his client CFNJ-FM Radio Nord-Joli, submitted an intervention to the Commission opposing the application, stating that his client might be financially harmed by the proposed change, and also requesting a Procedural Request in order to return the application given that it was not served.

• On October 21, 2013, Commission staff informed the licensee (CHHO-FM) during a telephone discussion of the fact that Mr. Mathieu had filed an intervention. After having been informed of the intervention, the licensee (CHHO FM) confirmed that it had not received it. In addition, the licensee mentioned that although the statement “Faxed to CHHO-FM – Monday, October 7, 2013 @ 4:04 p.m.” was handwritten on the fax transmission report, the report was in fact dated September 23, 2012. As a result, Commission staff cannot confirm that the intervention was indeed sent to the licensee on October 7, 2013.

• On November 13, 2013, Commission staff sent a procedural letter to both parties informing them that because the intervention had been submitted to the Commission by the agreed deadline, Commission staff considered that the intervention should be accepted and that CHHO-FM should be allowed to submit a reply no later than November 23, 2013.

• On November 22, 2013, Commission staff received the reply from CHHO-FM and posted it on its Internet site. In the reply, the licensee stated that it had neither notified nor informed CFNJ-FM pursuant to subsection 22(1)b) of CRTC’s Rules of Procedure, given that—in the licensee’s opinion—it did not apply in this case.

• On November 28, 2013, Mr. Mathieu sent a letter to the Commission addressed to the Secretary General, asking that the licensee’s reply be rejected given that once again, it had not been served.

In conclusion, given that neither of the parties appears to have complied with the Commission’s Rules of Procedure, the staff would like to inform you that the Commission will retain all the above-mentioned letters in the public record of the application, and that the letters will be taken into consideration when the Commission makes its decision.

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

Sincerely,

Original signed by:

Annie Laflamme
Director, Radio Policy and Applications

c.c.: Roger Landry – by email: radio@audioradioteknik.ca

Date modified:

2013-12-19