ARCHIVED - Letter

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

By Email: luciano@buteralaw.ca

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.

In your 17 March 2014 reply to our letter dated 11 March 2014, you indicate that CHQI-FM went off the air in October 2013 due to the theft of the station’s antenna and equipment. You also state that with the assistance of Mr. Christopher Grossman, you are in the process of completing a technical amendment application in order to obtain authority to relocate CHQI FM’s transmitter site. Finally, you state that you anticipate that CHQI-FM will resume broadcasting within 120 days (i.e. mid-July 2014).

We note however, that you did not specify the date at which your technical amendment application would be filed with the Commission and Industry Canada. This information is important for the treatment of your licence renewal application and needs to be added to the public file. Therefore, we ask that you provide this information as soon as possible.

Further, in Broadcasting Notice of Consultation CRTC 2014-57, the Commission noted that CHQI FM in compliance with its regulatory requirements and therefore, the Commission intended to renew its broadcasting licence for a full term of 7 years, subject to interventions.

As you know, the Commission did receive interventions relating to CHQI-FM’s renewal application, which indicated that the station was off the air since October 2013.

The Commission is preoccupied by the fact that you did not advise it or Industry Canada that CHQI-FM went off the air in October 2013. Furthermore, although you state that you expect that CHQI-FM will resume broadcasting in mid-July 2014, you have not provided us with any details as to what measures you are taking to ensure that this will occur by that date.

In light of the above, it is possible that the Commission may anticipate renewing CHQI-FM’s licence for a short term in order to monitor the status of your station’s return to air. Therefore, we ask that you comment on the possibility that the Commission may decide to renew CHQI FM’s broadcasting licence for a short term period.

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 1 April 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
Analyst

Radio Applications and Policy

Date modified:

2014-04-24