ARCHIVED - Broadcasting Procedural Letter addressed to Susan Wheeler (Rogers Media Inc.)

Ottawa, 6 March 2015

Sent by Email: susan.wheeler@rci.rogers.com

Susan Wheeler
Vice-President, Regulatory, Media
333 Bloor Street East
Toronto, Ontario
M4W 1G9

Re: Application 2015-0162-7 - Technical amendment

In order to pursue the analysis of Rogers Media Inc.’s application to amend the authorized contours of its CKKS-FM Sechelt transmitter CIPN-FM Pender Harbour, BC, please answer the following questions:

ANNUAL RETURNS

1. 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’s records, you filed a blank annual return for CKKS-FM Sechelt for the 2013-2014 broadcast year, indicating that “this station no longer exists”.

   We note that CKKS-FM Sechelt and its transmitters (CIPN-FM Pender Harbour, CISC-FM Gibsons and CIEG-FM Egmont) were renewed from 1 January 2014 to 31 August 2020 in Decision 2013-644^{Footnote 1}. The licensee was issued a licence to carry on a radio programming undertaking: CKKS-FM Sechelt. The license also states that the licensee shall operate the transmitters (CIPN-FM Pender Harbour, CISC-FM Gibsons and CIEG-FM Egmont) to rebroadcast, in its entirety, the programming of CKKS-FM Sechelt, British Columbia.

   If CKKS-FM Sechelt has indeed ceased its operation, you are reminded that, pursuant to section 9(1)(e) and 24(1) of the Broadcasting Act, you are required to apply for the revocation of the licence of CKKS-FM on the 104.7 MHz frequency.

   Please also confirm when CKKS-FM Sechelt (and its transmitters) ceased its operation.

2. If CKKS-FM Sechelt has not ceased operating, you are reminded that failure to file annual returns, in whole or in part, by the required date of 30 November of each year, may result in an apparent non-compliance with subsection 9(2) of the Radio Regulations, 1986 (the Regulations).

   In light of the above, please respond to the following:

   1. Please explain the circumstances of the above-noted apparent non‐compliances.
   2. Please specify what measures/plans have been or will be put in place to ensure future compliance with section 9(2) of the Regulations during the new licence term.
   3. Please comment on the possibility of a short-term renewal for CKKS-FM Sechelt, 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, requiring licensees to broadcast an announcement regarding their non-compliance, as set out in the appendix to this information bulletin.

The information requested herein should be received by the Commission no later than 11 March 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 the above-noted sections of the Regulations and section 9(4) which requires licensees to respond to Commission requests for information relating to adherence to their regulatory obligations.

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 your application or other documents be submitted electronically by using the secured service “My CRTC Account” (Partner Log In or GCKey) and filling 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 this application, please do not hesitate to contact me by telephone at 819-997-4672, by fax at 819-994-0218 or by E-mail at catherine.white@crtc.gc.ca.

Yours sincerely,

Catherine White
Senior radio analyst

Date modified:

2015-03-06