ARCHIVED - Broadcasting Commission Letter Addressed to Ken Fredericks (CVCR Operations Manager, Aylesford Community Baptist Church)

Ottawa, 20 February 2015

By Email: cvcrgoodnews@gmail.com

Ken Fredericks
CVCR Operations Manager, Aylesford Community Baptist Church
P.O. Box 120, 2543 Highway 1
Aylesford, Kings County, NS
B0P 1C0

Re: Renewal Application #2014-0949-1 (VF8023)

Dear Mr. Fredericks,

In the context of our analysis relating to the renewal application of VF8023 Aylesford, we have reviewed your station's compliance with its regulatory obligations and conditions of licence. As a result, it appears that you may be in non-compliance with the following:

Annual Returns

Commission staff notes that as per Broadcasting Decision CRTC 2010-300, VF8023 Aylesford – Licence renewal, 21 May 2010, VF8023 Aylesford is currently operating under a short-term renewal as it was previously found to be in non-compliance with section 9(2) of the Regulations relating to the filing of annual returns. Specifically, the licensee's annual returns for the broadcast years ending 31 August 2005, 2006 and 2008 were not received by the prescribed dates of 30 November 2005, 2006 and 2008. Further, as part of its plans to remain in non-compliance going forward, VF8023 Aylesford noted that the General Manager of the undertaking would be putting a reminder in place to check with its treasurer to ensure that the compliance is met.

Additionally, as noted at paragraph 21 of Broadcasting Decision CRTC 2013-654, VF8023 Aylesford –

21. The Commission notes that Aylesford Church appears to be in non-compliance with section 9(2) of the Radio Regulations, 1986, which relates to the filing of annual returns, for the 2011-2012 broadcast year. It further notes that the licensee has not had the opportunity to comment on this apparent non-compliance in the context of the present application. The Commission will address this issue in the context of the next licence renewal for the station.

According to Commission records, although the annual return for the 2011-2012 broadcast year was filed on time, it was incomplete.  More specifically, the financial statements were missing.

Therefore, it appears that VF8023 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.

Update on the Commission’s approach to non-compliance by radio stations

In Broadcasting Information Bulletin CRTC 2014-608, Update on the Commission’s approach to non-compliance by radio stations, 21 November 2014, the Commission published its revised approach for dealing with 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 the Bulletin, 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.  When considering applications for licence renewal or amendments, the Commission will question the licensee on the circumstances related to the apparent non-compliance and the action that they have taken to remedy the situation.

Conference call participation

As noted above, VF8023 Aylesford is currently under a short-term renewal as it was previously found to be in non-compliance with section 9(2) of the Regulations relating to the filing of annual returns (Broadcasting Decision CRTC 2010-300, VF8023 Aylesford – Licence renewal, 21 May 2010).  In an attempt to understand the circumstances surrounding the instances of apparent non-compliance identified for the current licence term (as specified above), Commission staff requests your participation in a conference call to discuss the details of this apparent instance of non-compliance as well as the measures that will be put in place to ensure future compliance with your conditions of licence and other regulatory obligations. 

Upon receipt of this letter, we ask that you please confirm by e-mail at sherwin.pagtakhan@crtc.gc.ca, that you will be available on Friday, 20 February 2015 at 1:30 pm EST for a conference call.  Also, we ask that you please provide us with the phone number at which you can be reached and specify who from your organization will be joining you.  Commission staff participating to this conference call will be Joe Aguiar (Manager in the Radio Directorate), and Sherwin Pagtakhan (Analyst on the file).

Preparation for conference call

In preparation for this meeting, we ask that you review the below questions in regards VF8023’s apparent non‐compliance with subsection 9(2) of the Regulations, relating to the filing of dully completed annual returns for the 2011-2012 broadcast year.

1. Please explain the circumstances of this apparent non‐compliance.
2. Please specify what measures have been or will be put in place to ensure future compliance with subsection 9(2) of the Regulations.
3. Please specify the date by which the financial statements for the 2011-2012 broadcast year will be filed with the Commission.
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 VF8023, in accordance with Broadcasting Information Bulletin CRTC 2014-608, Update on the Commission’s approach to non-compliance by radio stations, 21 November 2014, 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.

Additionally, we request that you review the following documents:

• Circular 404 - Requirements for the Filing of Financial Statements with the Broadcasting Annual Return;
• Broadcasting Information Bulletin CRTC 2011-795 - Filing annual returns for radio programming undertakings;
• Broadcasting Information Bulletin CRTC 2014-608 - Update on the Commission’s approach to non-compliance by radio stations.

Clarifications questions in regard to your renewal application 2014-0949-1

Further, with respect to the programming hours indicated in your application form, please prepare a response to the below question regarding your proposed broadcasting hours.

6. At section 2 of the application form, you undertake to broadcast 126 of programming per broadcast week, of which 28 hours would be local programming, and 32 hours and 15 minutes would be wrap-around programming.
   
7. Please explain current source of the remaining 65 hours and 45 minutes which has not been accounted for.
8. Please indicate if your plans to increase your local programming hours, if any.

Please note that a copy of this letter will form part of your application and must therefore be made available for public examination.

Should you need further information concerning your application, please do not hesitate to contact me by telephone at 819-997-4641 or by fax at 819-994-0218.

Sincerely,

Sherwin Pagtakhan
Analyst, Radio Policy and Applications

Date modified:

2015-02-20