ARCHIVED - Broadcasting Commission Letter addressed to Glenn Craig (Northern Lights Entertainment Inc.)

Ottawa, 30 March 2016

Mr Glenn Craig
Northern Lights Entertainment Inc.
(Capital Fm)
P.O. Box 417
Iqaluit, NU
X0A 0H0

Sent by email: 1035CAPITALFM@GMAIL.COM    

Mr. Craig,

In order to pursue the analysis of Northern Lights Entertainment Inc.’s applications to renew the English-language commercial radio stations CKIQ-FM Iqaluit, Nunavut and CKGC-FM Iqaluit, Nunavut, please answer the following questions:

APPARENT NON-COMPLIANCE

Annual returns – CKGC-FM Iqaluit:

1. Pursuant to subsection 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 records, the annual returns for CKGC-FM for the 2010-2011, 2011-2012, 2012-2013, 2013-2014 and 2014-2015 broadcast years were not filed. Therefore, it appears that CKGC-FM may be in non‐compliance with subsection 9(2) of the Regulations, relating to the filing of dully completed annual returns for the 2010-2011, 2011-2012, 2012-2013, 2013-2014 and 2014-2015 broadcast years.

   In light of the information above:

   1. Please explain the circumstances of this apparent non‐compliance.

      Please specify what measures have been or will be put in place to ensure future compliance with subsection 9(2) of the Regulations.

   2. Please specify the date by which the missing annual returns will be filed with the Commission.
      
      
   3. Please provide your plans so as to ensure full compliance with the Regulations during the new licence term.
      
      
   4. Please comment on the possibility of a short-term renewal for CKGC-FM, in accordance with Broadcasting Information Bulletin CRTC 2014-608, should you be found in non-compliance with subsection 9(2) of the Regulations relating to the filing of annual returns. Please also comment on the possible imposition of sanctions 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.
      
      
   5. Pursuant to subsection 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.

Annual returns – CKIQ-FM Iqaluit:

2. According to Commission records, the annual returns for CKIQ-FM for the 2010-2011, 2011-2012, 2012-2013, 2013-2014 and 2014-2015 broadcast years were not filed. 

   In addition, the 2008-2009 annual returns were submitted late (on July 22, 2011 – due date of November 30, 2009). The 2009-2010 annual returns were also submitted late (on July 22, 2011 – due date of December 15, 2010).  Both the 2008-2009 and the 2009-2010 annual returns were filed incomplete as the required financial statements, Canadian Content Development (CCD) forms and any CCD supporting documentation were missing.   

   Therefore, it appears that CKIQ-FM may be in non‐compliance with subsection 9(2) of the Regulations, relating to the filing of dully completed annual returns for the 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014 and 2014-2015 broadcast years.

   In light of the information above:

   1. Please explain the circumstances of this apparent non‐compliance.

      Please specify what measures have been or will be put in place to ensure future compliance with subsection 9(2) of the Regulations.

   2. Please specify the date by which the missing annual returns and related documents will be filed with the Commission.
      
      
   3. Please provide your plans so as to ensure full compliance with the Regulations during the new licence term.
      
      
   4. Please comment on the possibility of a short-term renewal for CKIQ-FM, in accordance with Broadcasting Information Bulletin CRTC 2014-608, should you be found in non-compliance with subsection 9(2) of the Regulations relating to the filing of annual returns. Please also comment on the possible imposition of sanctions 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.

TANGIBLE BENEFITS – CKIQ-FM

3. As set out at paragraph 14 of Broadcasting Decision CRTC 2009-103, the licensee was directed to contribute a tangible benefits package amounting to $29,491.56, to be spred equally over a seven-year period, and to be allocated as follows:

   • 3% of the value of the transaction to be allocated to the Radio Starmaker Fund;
   • 2% of the value of the transaction to be allocated, at the discretion of the purchaser, to FACTOR or MUSICACTION; and
   • 1% of the value of the transaction to be allocated to the Iqaluit Music Society.

   You are reminded that the licensee is expected to honour these tangible benefits commitments by the end of the 2015-2016 broadcast year (31 August 2016).

    

At this time, please file a report which includes details in the manner in which these funds were spent as well as the supporting proofs of payment.

Deadline to respond and procedure

The information requested herein should be received by the Commission no later than 13 April 2016, failing which your applications 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 section 9(4) of the Regulations 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 your applications, please do not hesitate to contact me by telephone at 819-997-9310, by fax at 819-994-0218 or by E-mail at catherine.arguin@crtc.gc.ca.

Yours Sincerely,

Catherine Arguin
Senior Radio Analyst
Radio Policy and Applications – CRTC

Date modified:

2016-03-30