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Broadcasting Decision CRTC 2016-263

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Reference: 2016-48

Ottawa, 13 July 2016

FDB Broadcasting Inc.
Meadow Lake, Saskatchewan

Application 2015-1070-2, received 3 September 2015

CFDM-FM Meadow Lake – Licence renewal

The Commission renews the broadcasting licence for the Native Type B radio station CFDM-FM Meadow Lake from 1 September 2016 to 31 August 2018.

This short-term licence renewal will allow for an earlier review of the licensee's compliance with its regulatory requirements.

Application

  1. FDB Broadcasting Inc. (FDB) filed an application to renew the broadcasting licence for the Native Type B radio station CFDM-FM Meadow Lake, Saskatchewan, which expires 31 August 2016. The Commission did not receive any interventions regarding this application.

Non-compliance

  1. 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.
  2. Section 9(4) of the Regulations requires licensees to provide, upon Commission request, information regarding their adherence to regulatory and other requirements.
  3. In Broadcasting Notice of Consultation 2016-48, the Commission stated that FDB was in apparent non-compliance with section 9(2) of the Regulations and with condition of licence 4 set out in Appendix 4 to Broadcasting Decision 2013-451 relating to the filing of annual returns for the 2010-2011 through 2013-2014 broadcast years. This condition of licence required the licensee to file annual returns for each of the 2008-2009 and 2010-2011 broadcast years within 90 days of the date of that decision. Specifically, the licensee did not file its annual returns for the 2010-2011 through 2013-2014 broadcast years.
  4. Moreover, the Commission stated in the notice that FDB was in apparent non-compliance with section 9(4) of the Regulations for failing to respond to requests for information within the prescribed deadlines.
  5. The licensee began operating CFDM-FM in July 2002. Since that time, FDB has been found in non-compliance with the requirements relating to annual returns in its two previous licence terms, as noted in Broadcasting Decisions 2008-241 and 2013-451.
  6. The Commission notes the licensee's lack of cooperation in submitting the requested annual returns and related information. The information was initially requested on 9 October 2015 with a deadline to respond by 16 October 2015. The licensee did not respond to this letter despite several attempts by Commission staff to obtain the information. On 6 November 2015, a second letter was sent to the licensee requesting the information by no later than 12 November 2015. The licensee finally responded on 26 November 2015 but included few details regarding the circumstances surrounding the instances of non-compliance and its willingness to come into compliance.
  7. In light of the above, the Commission finds FDB in non-compliance with sections 9(2) and 9(4) of the Regulations, as well as with condition of licence 4 set out in Appendix 4 to Broadcasting Decision 2013-451.

Regulatory measures

  1. 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.
  2. Compliance with deadlines for the filing of complete annual returns is important because it enables the Commission to monitor a licensee's performance and compliance with regulatory requirements. Accordingly, the Commission considers the late or incomplete filing of annual returns a serious matter.
  3. The licensee explained that it was not aware of the regulatory requirements regarding the submission of annual returns and how to file them with the Commission. Following an explanation by Commission staff, FDB stated that it is now aware that annual returns must be filed with the Commission.
  4. Given the severity of the instances of non-compliance, the lack of actions taken by the licensee to rectify the non-compliance and the fact that this is the third consecutive licence term in which the licensee is in non-compliance with its requirements regarding the submission of annual returns, the Commission finds it appropriate to renew the licence for CFDM-FM for a short-term period of two years. This short-term licence renewal will allow for an earlier review of the licensee's compliance with its regulatory requirements.
  5. Should the licensee again breach its regulatory requirements, the Commission may consider recourse to additional measures, including being called to appear at a public hearing, suspension, non-renewal or revocation of the broadcasting licence for the station under sections 9 and 24 of the Broadcasting Act (the Act) and as described in Broadcasting Regulatory Policy 2014-554.

Conclusion

  1. In light of all of the above, the Commission renews the broadcasting licence for the Native Type B radio programming undertaking CFDM-FM Meadow Lake from 1 September 2016 to 31 August 2018. In addition to the Regulations, the licensee shall adhere to the conditions of licence set out in the appendix to this decision and to the conditions set out in the broadcasting licence for the undertaking.

Reminders

  1. The licensee is responsible for filing complete annual returns on time and must ensure that they cover the appropriate broadcast years, that is, the period beginning on 1 September of a given year and ending on 31 August of the following year. 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.
  2. Pursuant to section 16 of the Regulations, all licensees of campus, community and Native radio stations must participate in the National Public Alerting System.
  3. Pursuant to section 22 of the 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.

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2016-263

Conditions of licence for the Native Type B radio programming undertaking CFDM-FM Meadow Lake, Saskatchewan

Conditions of licence

  1. In each broadcast week, the licensee shall devote at least 35% of all musical selections from Category 2 (Popular music) to Canadian selections played in their entirety.
  2. The licensee shall adhere to the Canadian Association of Broadcasters' Equitable Portrayal Code, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.
  3. The licensee shall adhere to the provisions of the Canadian Association of Broadcasters' Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
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