ARCHIVED - Broadcasting Decision CRTC 2015-272

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Reference: 2015-153

Ottawa, 22 June 2015

Radio communautaire du Labrador Inc.
Labrador City, St. John’s and La Grand’Terre, Newfoundland and Labrador

Application 2014-1275-9, received 5 December 2014

CJRM-FM Labrador City and its transmitters CKIJ-FM St. John’s and CKIP-FM La Grand’Terre – Licence renewal

The Commission renews the broadcasting licence for the French-language community radio station CJRM-FM Labrador City and its transmitters CKIJ-FM St. John’s and CKIP-FM La Grand’Terre from 1 September 2015 to 31 August 2019.

This short-term renewal will allow for an earlier review of the licensee’s compliance with the Radio Regulations, 1986.

Application

Radio communautaire du Labrador Inc. filed an application to renew the broadcasting licence for the French-language community radio station CJRM-FM Labrador City and its transmitters CKIJ-FM St. John’s and CKIP-FM La Grand’Terre, which expires 31 August 2015. The Commission did not receive any interventions regarding this application.

Non-compliance

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.
In Broadcasting Notice of Consultation 2015-153, the Commission stated that Radio communautaire du Labrador Inc. was in apparent non-compliance with section 9(2) of the Regulations relating to the filing of annual returns. Specifically, the licensee filed its annual returns for the 2007-2008 and 2008-2009 broadcast years more than 12 months after the 30 November deadline and those for the 2009-2010 and 2010-2011 broadcast years between 6 and 12 months after the 30 November deadline. Moreover, the licensee did not file its annual return for the 2012-2013 broadcast year.
Section 9(4)(b) of the Regulations requires licensees to respond to any request for information regarding its adherence to the conditions of its licence, the Broadcasting Act, the Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.
In Broadcasting Notice of Consultation 2015-153, the Commission also stated that Radio communautaire du Labrador Inc. was in apparent non-compliance with section 9(4)(b) of the Regulations relating to the late filing of its licence renewal application. Specifically, the Commission requested that the licensee file its renewal application by no later than 8 November 2013. Subsequently, in Broadcasting Decision 2014-292, the Commission indicated that it expected to receive the licensee’s renewal application by 28 November 2014. The Commission did not receive the renewal application until 4 December 2014.
With respect to these instances of apparent non-compliance, the licensee indicated that the station’s current administration was formed quickly in 2013 following the sudden departure of the previous administration. Given these departures, the licensee could not explain the circumstances surrounding these past instances of non-compliance. However, the licensee is confident that with more experience, it will rapidly learn the mechanisms of operating a station and will be better suited to meet its administrative obligations.
Radio communautaire du Labrador Inc. also indicated that the station is subject to constant turnover of personnel since it operates solely with volunteers. It added that the current personnel’s lack of experience in the radio industry could account for certain additional delays in the treatment of information. Finally, the licensee stated that its volunteers keep notes of all information necessary to the operation of the station to ensure that current and future volunteers avoid delays in the filing of required documentation.
In light of the above, the Commission finds Radio communautaire du Labrador Inc. in non-compliance with section 9(2) of the Regulations for the 2007-2008 to 2010-2011 and 2012-2013 broadcast years, and with section 9(4)(b) of the Regulations.

Regulatory measures

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.
Compliance with deadlines for the filing of complete annual returns and the renewal application is important because it enables the Commission to monitor a licensee’s performance and compliance with regulations. Accordingly, the Commission considers the late filing of annual returns and the renewal application a serious matter.
Given the severity of the instances of non-compliance, the Commission finds it appropriate to renew the licence for CJRM-FM and its transmitters for a short-term period of four years. This short-term renewal will allow for an earlier review of the licensee’s compliance with the Regulations.

Conclusion

In light of all of the above, the Commission renews the broadcasting licence for the French-language community radio programming undertaking CJRM-FM Labrador City and its transmitters CKIJ-FM St. John’s and CKIP-FM La Grand’Terre from 1 September 2015 to 31 August 2019. The licensee shall adhere to the conditions of licence set out in Broadcasting Regulatory Policy 2012-304 as well as to the conditions set out in the broadcasting licence for the undertaking. In addition, the Commission directs the licensee to file with the Commission its complete annual return for the 2012-2013 broadcast year by no later than 21 September 2015.

Reminders

The licensee is responsible for filing complete annual returns on time. 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.
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, 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 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

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