ARCHIVED - Broadcasting Commission Letter addressed to Mr. Lépine (CFOR-FM Maniwaki)
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Ottawa, 19 February 2015
Dear Mr. Lépine:
As part of our analysis of the renewal application of CFOR-FM Maniwaki (application 2014-0828-7), we have reviewed your station’s compliance with regulatory requirements and its conditions of licence. Our review revealed that you are in apparent non-compliance with the following:
- Conditions of licence 2 and 3 of Appendix 12 to Broadcasting Decision CRTC 2012-703 regarding the shortfall in Canadian content development (CCD) contributions.
- For further details, please refer to our letter dated 21 January 2015.
Please note that the cheques received on 28 January 2015 do not constitute proof of payment relative to your conditions of licence. As indicated in Broadcasting Information Bulletin CRTC 2011-795 Filing annual returns for radio programming undertakings, documentation supporting a CCD contribution must include a copy of a cancelled cheque or a receipt from the recipient of the CCD payment.
- Section 9(4) of the Radio Regulations, 1986, which stipulates that licensees must respond to Commission requests for information relating to their adherence to their regulatory requirements.
We note that you did not respond to all of the questions in our letter of 21 January 2015. We subsequently contacted you several times, reminding you of your regulatory obligations, specifically by email on 26 and 29 January 2015 and on 4 February 2015, asking that you submit the requested documents.
In Broadcasting Information Bulletin CRTC 2014-608, the Commission published its revised approach to non-compliance by radio stations with the requirements of the Broadcasting Act, the Radio Regulations, 1986, and their conditions of licence in the context of an application for licence renewal or amendment. As explained in Bulletin 2014-608, each instance of non-compliance will be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. For licence renewals or amendments, the Commission will question licensees on the circumstances related to the non-compliance and the action they have taken to rectify the situation.
As you are aware, CFOR-FM Maniwaki is currently operating under a short-term licence, given a past instance of non-compliance, as noted in Broadcasting Decision CRTC 2012-703. In order to fully understand the circumstances surrounding the instances of apparent non-compliance identified in the current licence term (as specified below), Commission staff invites you to participate in a conference call to discuss the details of each instance of apparent non-compliance and the actions taken to ensure that you operate in compliance with your conditions of licence and other regulatory requirements in the future.
Upon receipt of this letter, we request that you write to firstname.lastname@example.org stating when you would be available for a telephone conference in the next few days. We also request that you specify the telephone number at which you can be reached and the names of the people from your organization who will be joining you. Commission staff members participating in this conference call will be Joe Aguiar, Émilie Godbout (radio sector managers) and Jean-François Lecompte (Radio Analyst assigned to this file).
In preparation for the meeting, we ask that you review the following documents, which can be found on our website:
- Broadcasting Information Bulleting CRTC 2014-608 – Update on the Commission’s approach to non-compliance by radio stations.
- Broadcasting Decision CRTC 2012-703 – Various commercial radio programming undertakings – Licence renewals.
- Broadcasting Information Bulletin CRTC 2011-795 Filing annual returns for radio programming undertakings.
Please note that this letter will be included as part of your application and should therefore be made available for examination.
If you have questions, feel free to contact me by telephone at 819‑997‑4641 or by email at email@example.com.
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