Broadcasting Decision CRTC 2016-264

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Reference: 2016-48

Ottawa, 13 July 2016

Gespegewag Communications Society
Restigouche, Quebec

Application 2015-1067-8, received 3 September 2015

CHRQ-FM Restigouche – Licence renewal

The Commission renews the broadcasting licence for the Native Type B radio station CHRQ-FM Restigouche from 1 September 2016 to 31 August 2019.

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

Application

1. Gespegewag Communications Society filed an application to renew the broadcasting licence for the Native Type B radio station CHRQ-FM Restigouche, Quebec, which expires 31 August 2016. The Commission did not receive any interventions regarding this application.

Non-compliance

2. 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.
3. In Broadcasting Notice of Consultation 2016-48, the Commission stated that the licensee was in apparent non-compliance with section 9(2) of the Regulations relating to the filing of annual returns for the 2013-2014 broadcast year and condition of licence 4 set out in Appendix 3 to Broadcasting Decision 2013-451, which required it to file annual returns for each of the 2008-2009, 2009-2010 and 2010-2011 broadcast years within 90 days of the date of that decision. Specifically, the licensee did not file its annual return for the 2013-2014 broadcast year, and the annual returns for the 2008-2009, 2009-2010 and 2010-2011 broadcast years were filed on 26 March 2014, several months after the Commission's prescribed deadline. The licensee has acknowledged its non-compliance and has since filed the annual return for the 2013-2014 broadcast year.
4. The licensee has been operating CHRQ-FM for several decades. It 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.
5. In light of the above, the Commission finds the licensee in non-compliance with section 9(2) of the Regulations and with condition of licence 4 set out in Appendix 3 to Broadcasting Decision 2013-451.

Regulatory measures

6. 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.
7. 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 regulations. Accordingly, the Commission considers the late or incomplete filing of annual returns a serious matter.
8. In this case, the licensee explained that there were two station managers at the time, and that while one was not present, the other was still learning the position. It added that the previous manager had not updated the station's files. The licensee indicated that the current manager will ensure that annual returns are filed on time and will contact Commission staff should any questions arise.
9. Given the severity of the instances of non-compliance and 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 CHRQ-FM for a short-term period of three years. This short-term licence renewal will allow for an earlier review of the licensee's compliance with its regulatory requirements.

Conclusion

10. In light of all of the above, the Commission renews the broadcasting licence for the Native Type B radio programming undertaking CHRQ-FM Restigouche from 1 September 2016 to 31 August 2019. 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

11. 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.
12. Pursuant to section 16 of the Radio Regulations, 1986, all licensees of campus, community and Native radio stations must participate in the National Public Alerting System.
13. Pursuant to section 22 of the Broadcasting 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

• Notice of applications received, Broadcasting Notice of Consultation CRTC 2016-48, 9 February 2016
• Update on the Commission's approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014
• Native Type B radio programming undertakings – Licence renewals, Broadcasting Decision CRTC 2013-451, 28 August 2013
• Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011
• Licence renewals, Broadcasting Decision CRTC 2008-241, 29 August 2008

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2016-264

Conditions of licence for the Native Type B radio programming undertaking CHRQ-FM Restigouche, Quebec

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.

Date modified:

2016-07-13