ARCHIVED - Broadcasting Procedural Letter addressed to Greg Smith (Northern Native Broadcasting)
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Ottawa, 9 January 2015
Greg Smtih Smith, CEO
Northern Native Broadcasting (Terrace, B.C.)
4562 B Queensway Drive
Terrace, British Columbia
V8G 3X6
Sent by e-mail: gsmith@cfnrfm.ca
Re: Broadcasting application 2014-1215-5
Dear Mr. Smith,
This is in reference to the application by Northern Native Broadcasting (Terrace, B.C.) to amend the technical parameters of the Native Type B radio programming undertaking CFNR-FM Terrace, which was published as a Part 1 application on 28 November 2014.
Apparent non-compliance
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 returns for the 2007-2008, 2008-2009, 2009-2010 and 2010-2011 broadcast year was filed late. Therefore, it appears that CFNR-FM may be in a situation of apparent non‐compliance with section 9(2) of the Regulations, relating to the filing of annual returns for the above-noted broadcast years.
However, as noted in Broadcasting Decision CRTC 2012-657 and as amended by Broadcasting Decision CRTC 2012-657-1, Commission staff notes that the licensee has already replied to the above instances of non-compliance in the context of the Part 1 application 2012-0090-7, in which it requested the addition of a transmitter in Prince George, BC, and this reply is part of the public record for that proceeding.
Please confirm if you wish to have this same reply used for the present proceeding.
If yes, please confirm your understanding that your reply for the Part 1 application 2012-0090-7, dated 29 July 2012, will form part of the record for this proceeding, and will be available for public viewing.
If no, please respond to the questions below:
- Please explain the circumstances of this apparent non‐compliance.
- Please specify what measures have been or will be put in place to ensure future compliance with section 9(2) of the Regulations.
- Please provide your plans so as to ensure full compliance with the Regulations during the new licence term.
- Please comment on the possibility of a short-term renewal for CFNR-FM, in accordance with Broadcasting Information Bulletin CRTC 2014-608, 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, or requiring licensees to broadcast an announcement regarding their non-compliance, as set out in the appendix to this information bulletin.
Considering the above request, the timetable for the proceeding is changed as follows:
| Notice Number / Part 1 |
Subject | Posted Date | Deadlines | Related Documents |
|---|---|---|---|---|
| Part 1 | Northern Native Broadcasting (Terrace, B.C.) |
28 November 2014 | 15 January 2015 (Old deadline) 22 January 2015 (New deadline) |
The information requested herein should be received by the Commission no later than 16 January 2015, failing which, your application may be returned to be completed and resubmitted with the Commission should you wish to pursue this proposal.
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 and all related correspondence will be added to the public record of the proceeding.
We also ask that you repeat each question in your reply.
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” 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.
Yours sincerely,
Angie Blakeney
Analyst, Radio Applications and Policy
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