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Broadcasting Decision CRTC 2017-348

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Reference: Part 1 licence renewal application posted on 13 April 2017

Ottawa, 28 September 2017

Total Change Christian Ministries
Campbell River, British Columbia

Application 2016-0814-2

CHVI-FM Campbell River – Licence renewal

The Commission renews the broadcasting licence for the English-language low-power non-commercial specialty (Christian music) radio station CHVI-FM Campbell River from 1 January 2018 to 31 August 2024.

Application

  1. Total Change Christian Ministries filed an application to renew the broadcasting licence for the English-language low-power non-commercial specialty (Christian music) radio station CHVI-FM Campbell River, which expires 31 December 2017.Footnote 1 The Commission did not receive any interventions regarding this application.

Non-compliance

  1. As set out in the appendix to Broadcasting Decision 2010-765, the licensee was required by condition of licence to contribute $1,000 in each broadcast year to Canadian content development (CCD).
  2. According to the Commission’s records, the licensee incurred a total CCD shortfall of $6,000 over the 2010-2011 to 2015-2016 broadcast years.
  3. The licensee stated that it had misunderstood the Radio Regulations, 1986 (the Regulations), which exempt commercial and ethnic radio licensees with revenues of $1.25 million or less from the requirement to make basic CCD contributions, but not over-and-above CCD contributions imposed by condition of licence. Given that its condition of licence did not make specific reference to over-and-above CCD contributions, the licensee assumed that it was also exempted from the requirement to make any CCD contributions.
  4. The licensee subsequently submitted payment and supporting documentation for a portion of the required CCD contributions. As such, the outstanding shortfall for the 2010-2011 through 2015-2016 broadcast years amounts to $3,800. Of this amount, the licensee claimed to have made a payment of $3,000 to FACTOR in March 2017, but provided no receipt or confirmation of payment.
  5. Based on the preceding, the Commission finds the licensee in non-compliance with its condition of licence relating to CCD contributions for the current licence term.

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. This is the licensee’s first instance of non-compliance. Further, the CCD shortfall was due to a misunderstanding of the Commission’s policy concerning the requirement to make basic CCD contributions rather than a lack in the licensee’s procedures. The Commission notes that section 15 of the Regulations does not apply to the licensee as CHVI-FM is not a commercial station. The Commission is satisfied with the licensee’s explanation and does not consider that imposing a short-term licence renewal is necessary in this case.
  3. However, in order to ensure that the licensee fulfills the CCD shortfall, the Commission has set out a condition of licence in the appendix to this decision requiring the licensee to:
    • file proof of payment for the CCD contribution to FACTOR amounting to $3,000 by 31 January 2018; and
    • pay the remaining CCD amount of $800 by 31 August 2018 and file proof of payment by 30 November 2018.

Conclusion

  1. In light of all of the above, the Commission renews the broadcasting licence for the English-language low-power non-commercial specialty (Christian music) radio programming undertaking CHVI-FM Campbell River from 1 January 2018 to 31 August 2024. The conditions of licence are set out in the appendix to this decision.

Reminders

  1. It is important that radio station licensees make their required contributions to CCD, given that CCD initiatives not only help to develop and advance the careers of emerging Canadian artists, but increase the supply of high-quality Canadian music in a variety of genres and the demand for Canadian music by listeners. The non-payment of CCD contributions therefore has the potential to cause harm to the Canadian broadcasting system.
  2. It is incumbent upon licensees to provide proof of payment to such initiatives by the required deadlines. They must also provide sufficient documentation to support the eligibility of their contributions. Failure to do so may result in the Commission finding a contribution ineligible, which in turn may affect a station’s compliance with regulatory obligations. Moreover, licensees must ensure that expenditures are not self-serving—that is, beneficiaries must be independent of licensees.
  3. 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

This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2017-348

Terms, conditions of licence, expectations and encouragement for the English-language low-power non-commercial specialty (Christian music) radio programming undertaking CHVI-FM Campbell River

Terms

The licence will expire 31 August 2024.

Conditions of licence

  1. The licensee shall adhere to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009, with the exception of condition of licence 7, as well as to the conditions set out in the broadcasting licence for the undertaking.
  2. The station shall be operated within the specialty format as defined in A Review of certain matters concerning radio, Public Notice CRTC 1995-60, 21 April 1995, and Revised content categories and subcategories for radio, Broadcasting Regulatory Policy CRTC 2010-819, 5 November 2010.
  3. The licensee shall devote at least 95% of all musical selections broadcast during each broadcast week to selections drawn from subcategory 35 (Non‑classic religious).
  4. Where the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV of that public notice with respect to the provision of balance and ethics in religious programming.
  5. In order to fulfill its outstanding commitments to Canadian content development (CCD) set out in the appendix to Low-power FM radio station in Campbell River, Broadcasting Decision CRTC 2010-765, 15 October 2010, the licensee shall:
    • file proof of payment in a form deemed acceptable by the Commission for the required CCD contribution to FACTOR amounting to $3,000 by 31 January 2018; and
    • pay the outstanding CCD amount of $800 by 31 August 2018 and file proof of payment in a form deemed acceptable by the Commission by 30 November 2018. The contribution must be allocated to eligible CCD initiatives as described in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.

Expectations

The Commission expects the licensee to refrain from broadcasting material from content subcategory 51 (Commercial announcement), as defined in Revised content categories and subcategories for radio, Broadcasting Regulatory Policy CRTC 2010-819, 5 November 2010.
The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.

Encouragement

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

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