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Broadcasting Decision CRTC 2016-277

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References: Part 1 licence renewal applications posted on 26 January 2016

Ottawa, 20 July 2016

Dawson City Community Radio Society
Dawson City, Yukon

Radio Coopérative de Coaticook, Coop de solidarité
Coaticook, Quebec

Applications 2015-1038-9 and 2015-0960-6

CFYT-FM Dawson City and CIGN-FM Coaticook – Licence renewals

The Commission renews the broadcasting licences for the English-language community radio station CFYT-FM Dawson City, Yukon, and the French-language community radio station CIGN-FM Coaticook, Quebec, from 1 September 2016 to 31 August 2023.

Applications

  1. Dawson City Community Radio Society (Dawson City Radio) filed an application to renew the broadcasting licence for the English-language community radio station CFYT-FM Dawson City, Yukon, which expires 31 August 2016. The Commission received an intervention in support of this application from the National Campus and Community Radio Association.
  2. Radio Coopérative de Coaticook, Coop de solidarité (Radio Coaticook) filed an application to renew the broadcasting licence for the French-language community radio station CIGN-FM Coaticook, Quebec, 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 (theRegulations) 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. The Commission reviewed the records and notes that both licensees appear to be in non-compliance with section 9(2) of the Regulations relating to the filing of annual returns, including financial statements. Specifically, CFYT-FM’s financial statements for the 2012-2013 broadcast year were not included with the annual return. In regard to CIGN-FM, the annual return for the 2011-2012 broadcast year was submitted late, and the financial statements for the 2012-2013 and 2013-2014 broadcast years were missing.
  3. Dawson City Radio explained that its non-compliance was the result of an error and that a second administrator would help with the filings in the future to ensure that they are complete. Dawson City Radio would also draw up a list of tasks to be performed in order to complete the filings. It also indicated that it would submit the missing financial statements during the week of 5 October 2015. The Commission confirms that Dawson City Radio has submitted the missing financial statements.
  4. Radio Coaticook explained that its non-compliance stemmed from inexperience, since the station had only been on the air for three years. The licensee indicated that it would institute a monitoring system to ensure that the annual returns are filed in November of each year, including the financial statements. The Commission confirms that Radio Coaticook has submitted the missing financial statements.
  5. In light of the above, the Commission finds Dawson City Radio and Radio Coaticook in non-compliance with section 9(2) of the Regulations.

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 leading to the non-compliance, 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 regulations. Accordingly, it considers the late or incomplete filing of annual returns a serious matter.
  3. The Commission examined the public record for these applications and notes the willingness of the two licensees to ensure the compliance of their respective stations with regulatory requirements. Given this willingness and the fact that this is the first licence term for both stations in which they were found to be in non-compliance, the Commission considers it appropriate to grant CFYT-FM and CIGN-FM a renewal for a full licence term of seven years.

Conclusion

  1. In light of all of the above, the Commission renews the broadcasting licence for the English-language community radio programming undertaking CFYT-FM Dawson City and the broadcasting licence for the French-language community radio programming undertaking CIGN-FM Coaticook, from 1 September 2016 to 31 August 2023. The licensees shall adhere to the conditions set out in Broadcasting Regulatory Policy 2012-304 and to the conditions set out in the broadcasting licence for each undertaking.

Reminders

  1. Licensees are responsible for filing complete annual returns on time, including the financial returns. 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 22 of the Broadcasting Act, the broadcasting licences renewed in this decision will cease to have any force or effect should the broadcasting certificates issued by the Department of Industry lapse.
  3. Pursuant to section 16 of the Regulations, all licensees of campus, community and Native radio stations must participate in the National Public Alerting System.

Expectation

  1. As set out in Broadcasting Regulatory Policy 2010-499, the Commission expects all community and campus licensees to file yearly updates on the composition of their boards of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections or at any other time. As noted in Appendix 3 to that regulatory policy, licensees may submit such documentation via the Commission’s website.

Employment equity

  1. The Commission considers that community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages the licensees to consider these issues in their hiring practices and in all other aspects of their management of human resources.

Secretary General

Related Documents

*This decision is to be appended to each licence.

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