ARCHIVED - Broadcasting Decision CRTC 2014-295

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

PDF version

Route reference: 2014-128

Ottawa, 4 June 2014

CHSR Broadcasting, Inc.
Fredericton, New Brunswick

Application 2013-1644-8, received 18 November 2013

CHSR-FM Fredericton – Licence renewal

The Commission renews the broadcasting licence for the English-language campus radio station CHSR-FM Fredericton from 1 September 2014 to 31 August 2021.

Application

CHSR Broadcasting, Inc. (CHSR Broadcasting) filed an application to renew the broadcasting licence for the English-language campus radio station CHSR-FM Fredericton, which expires 31 August 2014. The Commission received an intervention in support of this application.

Non-compliance

In Broadcasting Notice of Consultation 2014-128, the Commission noted that CHSR Broadcasting 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 CHSR-FM was not filed by 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.
The station manager for CHSR-FM noted that he assumed that role three years ago following a sudden departure by the previous station manager. As a consequence, he did not have access to any administrative information and had to learn “blindly” about Commission requirements. The station manager further noted that the CHSR-FM’s studios experienced severe water damage due to extreme weather. As a result, the station’s files are in storage and the station is going through major rebuilding.
The station manager stated that he would need to search for the necessary documentation to complete the missing annual return, but that it should be filed by no later than 31 March 2014. He further stated that he now understands the regulatory requirements for the station and that resources are available to ensure the licensee’s compliance in the future.
In light of the above, the Commission finds CHSR Broadcasting in non-compliance with section 9(2) of the Regulations for CHSR-FM for the 2010-2011 broadcast year.

Regulatory measures

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.
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.
The Commission notes that the present instance of non-compliance appears to be an isolated incident, the only case for CHSR-FM during the current licence term. It further notes that the licensee filed the missing annual return on 6 March 2014, before the promised date. Finally, the Commission is now satisfied that the station manager understands the regulatory requirements for the station. 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 CHSR-FM for a full seven-year term.

Conclusion

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

Reminder

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

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

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

Language selection

Search and menus

Search