ARCHIVED - Broadcasting Decision CRTC 2015-259

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Reference: 2015-52

Ottawa, 18 June 2015

CKRK K-103 FM Mohawk Radio Kahnawake Association
Kahnawake, Quebec

Application 2014-0700-0, received 22 July 2014

CKRK-FM Kahnawake – Licence renewal

The Commission renews the broadcasting licence for the Type B Native radio station CKRK-FM Kahnawake from 1 September 2015 to 31 August 2022.

Introduction

1. CKRK K-103 FM Mohawk Radio Kahnawake Association filed an application to renew the broadcasting licence for the Type B Native radio station CKRK-FM Kahnawake, which expires 31 August 2015. The Commission received interventions supporting the application.

Non-compliance

2. Section 9(2) of the Radio Regulations, 1986 (the Regulations) requires licensees to file an annual return by 30 November of each year for the broadcast year ending the previous 31 August. The specific filing requirements, including the requirement to submit financial statements, are set out in Broadcasting Information Bulletin 2011-795.
3. In Broadcasting Notice of Consultation 2015-52, the Commission stated that the licensee was in apparent non-compliance with section 9(2) of the Regulations relating to the complete filing of annual returns. Specifically, the licensee did not include financial statements with the annual return for the 2010-2011 broadcast year. The missing financial statements were filed in December 2014.
4. The licensee stated that the non-compliance was not intentional and that it would ensure that it files all documents required to meet the Commission’s regulatory requirements going forward.
5. In light of the above, the Commission finds the licensee in non-compliance with section 9(2) of the Regulations for the 2010-2011 broadcast year.

Regulatory measures

6. The Commission’s approach to non-compliance by radio stations is set out in Broadcasting Information Bulletin 2014-608. Under that approach, each instance of non-compliance is evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The circumstances, the arguments provided by the licensee and the actions taken to rectify the situation are also considered.
7. Compliance with deadlines for the filing of complete annual returns is important because it enables the Commission to monitor a licensee’s performance and compliance with regulations. Accordingly, the Commission considers the late or incomplete filing of annual returns a serious matter.
8. The Commission has examined the public record for this application and is satisfied with the licensee’s explanations regarding the non-compliance. Given the circumstances surrounding the licensee’s non-compliance and the fact that this is the first instance in which the licensee has been found in non-compliance, the Commission finds it appropriate to grant CKRK-FM a full seven-year licence term.

Conclusion

9. In light of all of the above, the Commission renews the broadcasting licence for the Type B Native radio programming undertaking CKRK-FM Kahnawake from 1 September 2015 to 31 August 2022. The licensee shall adhere to the conditions of licence set out in the appendix to this decision, as well as to the conditions set out in the broadcasting licence for the undertaking.

Reminders

10. The licensee is responsible for filing complete annual returns on time and must ensure that they relate to the appropriate broadcasting years (that is, the period beginning on 1 September of a given year and ending on 31 August of the following year). In addition, as set out in Broadcasting Information Bulletin 2011-795, it is the licensee’s responsibility to ensure that all appropriate forms and documentation are included with its annual returns and to contact the Commission if further clarification is required.
11. 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.

Secretary General

Related documents

• Notice of applications received, Broadcasting Notice of Consultation CRTC 2015-52, 18 February 2015
• Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014
• Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2015-259

Conditions of licence and encouragement for the Type B Native radio programming undertaking CKRK-FM Kahnawake, Quebec

Conditions of licence

1. The licensee shall devote at least 35% of all musical selections from content category 2 (Popular Music) in each broadcast week to Canadian selections broadcast in their entirety.
   
   For the purposes of this condition of licence, the terms “broadcast week,” “Canadian selection,” “content category” and “musical selection” shall have the meanings set out in the Radio Regulations, 1986.
   
   
2. If the licensee originates 42 or more hours of programming in any broadcast week, the licensee shall adhere to the Canadian Association of Broadcasters’ Equitable Portrayal Code, as amended from time to time and approved by the Commission, as well as to the Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

Encouragement

If the licensee intends to carry wrap-around programming, the Commission encourages it to use programming from another Aboriginal station or network with a focus on additional Aboriginal-language programming (Cree/Dene/Chipewyan) or current Aboriginal music.

Date modified:

2015-06-18