This page has been archived on the Web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.

Ottawa, 11 March 2014

Mr. Luciano Butera, President
Niagara Tourist Media Group Inc.
509 Glendale Avenue, Suite 302
Niagara-on-the-lake, Ontario
L0S 1J0

By Email:

Re: application number 2014-0019-2

Dear Mr. Butera:

This is in reference to the application by Niagara Tourist Media Group Inc. to renew the broadcasting licence for CHQI-FM Niagara-on-the-lake, Ontario.

The licence renewal application 2014-0019-2 for CHQI-FM Niagara-on-the-lake was recently published for public comment in Broadcasting Notice of Consultation CRTC 2014-57, specifically, on 13 February 2014. The intervention period for this proceeding ended on 5 March 2014, and the Commission has received two interventions relating to your application, from Mr. David Dancy and Mr. David Campbell, which raised a number of concerns and as a result, we require information from you.

The first issue raised by both interveners is whether CHQI-FM is currently on-air. Therefore, please submit the following information:

• The date on which CHQI-FM ceased operating;
• The reasons why it went off-air;
• The steps that are currently being taken to get the station back on-air; and
• The date at which the station will resume operating.

It is important to note that both Industry Canada and the Canadian Radio-television and Telecommunications Commission (the Commission) must be informed in the event that a radio station goes off air. Further, Commission staff notes that being off the air does not represent the best use of a radio frequency, and does not fulfill the objectives of the Broadcasting Act. As a result, this is a very serious matter for the Commission.

The second issue raised relates to the contact information for the licensee as well of that of the station’s studio and transmission location. Subsection 22(2)b) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure sets out that an applicant must provide with its application a website address or an email address where an electronic copy of the application may be requested. When applications are published for public comments, the Commission provides that contact information so that the public may request an electronic version of the renewal application. Mr. Dancy has indicated that he attempted to contact you using the email address provided, and did not receive a reply. In addition, Mr. Dancy raised concerns of the validity of the location of CHQI-FM’s studio and transmission facilities.

It is important to note that any change in location must be reported to Industry Canada, as well as the Commission. Therefore, please submit the following information:

• Please specify if the studio or transmission locations for CHQI-FM have changed, and if so:
o Please provide updated information regarding their new locations; and
o Please specify when these changes occurred as well as the reasons for these changes.

Please note that for any change in the technical parameters, including the location of the transmission facilities, the licensee must request the Commission’s approval by completing and submitting a technical amendment application form (Form 303).

Additionally, please confirm the telephone number and e-mail address that the Commission staff can use to reach you at any time from between 9 a.m. and 5 p.m., Monday to Friday.

Subection 28(1)(a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that the Commission may request parties to file information, particulars or documents where needed.

It is important that we receive your reply to these questions as soon as possible, and in any event, by no later than 17 March 2014.

It is also important to note that in the absence of a response on your part by the specified deadline, you will be considered to be in apparent non-compliance with section 9(4) of the Radio Regulations, 1986, which requires licensees to respond to Commission requests for information relating to adherence to their regulatory obligations.

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.

Please note that additional proceedings may be required following the receipt of your reply. You will be notified at the appropriate time.

Yours sincerely,

Original signed by

Angie Rusland

Radio Applications and Policy

Date modified: