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ARCHIVED - Broadcasting Decision CRTC 2014-284

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Route reference: 2014-58

Ottawa, 29 May 2014

La Corporation des médias étudiants de l’Université Laval (CoMÉUL)
Sainte-Foy, Quebec

Application 2013-1643-0, received 15 November 2013

CHYZ-FM Sainte-Foy - Licence renewal

The Commission renews the broadcasting licence for the French-language campus radio station CHYZ-FM Sainte-Foy from 1 September 2014 to 31 August 2021.

Application

  1. La Corporation des médias étudiants de l’Université Laval (CoMÉUL) filed an application to renew the broadcasting licence for the French-language campus radio station CHYZ-FM Sainte-Foy, which expires 31 August 2014. The Commission received an intervention in support of this application.

Non-compliance

  1. In Broadcasting Notice of Consultation 2014-58, the Commission noted that the licensee was in apparent non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations), which relates to the filing of annual returns. Specifically, for the 2010-2011 broadcast year, the annual return for CHYZ-FM was filed after the deadline set out in section 9(2), that is, the 30 November following the end of that broadcast year. The filing requirements, including the requirement to submit financial statements with the annual returns, are set out in Broadcasting Information Bulletin 2011-795.
  2. The licensee stated that at the time of the apparent non-compliance, CHYZ-FM was going through changes at the management and administration levels, and that the requirements relating to the station’s licence were not communicated to new members.
  3. The licensee indicated that the National Campus and Community Radio Association will remind it of the deadline for the filing of annual returns. It further indicated that the station’s training manual will include more specific information relating to CHYZ-FM’s regulatory requirements, including those relating to the filing of annual returns.
  4. In light of the above, the Commission finds La Corporation des médias étudiants de l’Université Laval (CoMÉUL) in non-compliance with section 9(2) of the Regulations for CHYZ-FM for the 2010-2011 broadcast year.

Regulatory measures

  1. 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.
  2. Compliance with the deadlines for the filing of complete annual returns is important because it enables the Commission to monitor a licensee’s performance and compliance with the Regulations and its conditions of licence.
  3. The Commission notes that this is the only situation of non-compliance for CHYZ-FM during the current licence term. It further notes the measures put into place by the licensee to avoid future non-compliance. Finally, the Commission recognizes that staff turnover is one of the challenges that campus radio stations face. In light of the above, and in light of the circumstances surrounding the non-compliance, the Commission finds that it is appropriate to renew the broadcasting licence for CHYZ-FM for a full seven-year term.

Conclusion

  1. In light of all of the above, the Commission renews the broadcasting licence for the French-language campus radio programming undertaking CHYZ-FM Sainte-Foy from 1 September 2014 to 31 August 2021. The licensee shall adhere to the conditionsof licence set out in Broadcasting Regulatory Policy 2012-304, as amended from time to time.

Reminder

  1. Pursuant to section 22 of the Broadcasting Act, the broadcasting licence renewed in this decision will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.

Filing of ownership information

  1. As set out in Broadcasting Regulatory Policy 2010-499, as amended from time to time, the Commission expects all community and campus radio station licensees to file yearly updates on the composition of their boards of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections, or at any other time. As noted in Appendix 3 to that policy, licensees may submit such documentation via the Commission’s website.

Employment equity

  1. The Commission considers that campus and community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages the licensee to consider these 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.

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