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ARCHIVED - Broadcasting Procedural Letter addressed to Carol Russ (Aboriginal Multi-Media Society of Alberta).

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Ottawa, 18 November 2014

Procedural letter

Carol Russ, CFO
Aboriginal Multi-Media Society of Alberta
13245-146 Street
Edmonton, AB
T5L 4S8

By Email: carolr@ammsa.com

Re: Broadcasting application 2014-1132-1

Dear Ms. Russ,

This letter is in reference to the Part 1 application by the Aboriginal Multi-Media Society of Alberta to amend the technical parameters of CFWE-FM-4 Edmonton, AB.

Non-compliance

  1. Pursuant to section 9(2) of the Radio Regulations,1986 (the Regulations), licensees are required to file, no later than 30 November of each year, their annual return for the broadcast year ending the previous 31 August. Failure to file these returns, in whole or in part, by the required date of 30 November of each year, may result in an apparent non-compliance.

    According to Commission records, the annual return for the 2011-2012 broadcast year was filed late, specifically, on 30 April 2013. Therefore, it appears that CFWE‐FM-4 may be in a situation of non‐compliance with section 9(2) of the Regulations, relating to the filing of annual returns for the above-noted broadcast years.

    Further, according to Commission records, annual return for the 2011-2012 broadcast year was also incomplete.  More specifically, the financial statements were missing. Therefore, it appears that CFWE-FM-4 may be in non‐compliance with subsection 9(2) of the Regulations, relating to the filing of dully completed annual returns for the 2011-2012 broadcast year.

    In addition, it would appear that the annual returns filed for CFWE-FM-4 cover the period from April to March. However, as noted above, and as noted in Broadcasting Information Bulletin 2011-795, the Regulations require that licensees file annual returns covering the broadcast year (i.e. from 1 September to 31 August).

    In light of the information above:

    1. Please explain the circumstances of this apparent non‐compliance.
    2. Please specify the date by which the financial statements for the 2011-2012 broadcast year will be filed with the Commission.
    3. Please specify what measures have been or will be put in place to ensure future compliance with section 9(2) of the Regulations.
    4. Please provide your plans so as to ensure full compliance with the Regulations during the new licence term.
    5. Please comment on the possibility of a short-term renewal for CFWE-FM-4, in accordance with Broadcasting Information Bulletin CRTC 2011-347, should you be found in non-compliance with section 9(2) of the Regulations.  Please note that the sanction could be stronger than a short-term renewal for major instances of non-compliance, such as: imposition of conditions of licence, mandatory orders, non-renewal, suspension, or revocation of the licence.

The information requested herein should be received at the Commission by no later than 25 November 2014.

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

A copy of this letter will be added to the record associated with your application to be made available for public examination.

We also ask that you repeat each question in your reply.

The Commission requires that your response and/or other documents be submitted electronically by using the secured service “My CRTC Account” (Partner Log In or GCKey) and filling the “Broadcasting and Telecom Cover page” or the “Broadcasting Online Form and Cover Page” located on this web page. Also on this web page you will find information on the submission of applications to the Commission “Submitting applications and other documents to the CRTC using My CRTC Account.”

Should you need further information concerning your application, please do not hesitate to contact me by telephone at (819) 997-4716 or by fax at 819-994-0218.

Sincerely,

Angie Blakeney,
Radio Analyst
angie.blakeney@crtc.gc.ca

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