Broadcasting Decision CRTC 2018-245

PDF version

Reference: Part 1 licence renewal application posted on 23 February 2018

Ottawa, 16 July 2018

General Manager, Kahnawake Keeps It Country Station
Kahnawake, Quebec

Public record for this application: 2017-0919-8

CKKI-FM Kahnawake – Licence renewal

The Commission renews the broadcasting licence for the English- and Mohawk-language Indigenous (Type B Native) FM radio station CKKI-FM Kahnawake from 1 September 2018 to 31 August 2023. This short-term licence renewal will allow for an earlier review of the licensee’s compliance with regulatory requirements.

Application

1. General Manager, Kahnawake Keeps It Country Station filed an application to renew the broadcasting licence for the English- and Mohawk-language Indigenous (Type B Native) FM radio station CKKI-FM Kahnawake, Quebec, which expires 31 August 2018. The Commission did not receive any interventions regarding this application.

Non-compliance

Annual returns

2. Section 9(2) of the Radio Regulations, 1986 (the Regulations) requires licensees to file their annual returns, including financial statements, by 30 November of a given year for the broadcast year ending the previous 31 August. The specific filing requirements are set out in Broadcasting Information Bulletin 2011-795.
3. According to Commission records, the licensee’s annual returns for the 2014-2015 and 2015-2016 broadcast years were filed late and were incomplete as they did not include the required financial statements.
4. The licensee explained that it thought that all documents had been filed. The licensee stated that it would be more stringent in filing the necessary documents and has designated a representative to do so. It subsequently submitted its missing annual returns on 29 November 2017, but failed to submit the required financial statements.
5. The Commission finds the licensee in non-compliance with section 9(2) of the Regulations for the 2014-2015 and 2015-2016 broadcast years. Further, the Commission has set out a condition of licence in the appendix to this decision requiring the licensee to file its financial statements for the 2014-2015 and 2015-2016 broadcast years as soon as possible and by no later than 15 Ocotber 2018.

Commission request for information

6. Section 9(4) of the Regulations requires licensees to respond to any Commission request for information regarding their adherence to regulatory requirements.
7. The licensee did not file its renewal application by the 31 August 2017 deadline set out in Broadcasting Notice of Consultation 2017-176. In a letter dated 22 September 2017, Commission staff requested that the licensee confirm its intentions to file a renewal application for CKKI-FM and explain the circumstances for not advising the Commission in writing of the licensee’s intentions regarding the renewal application for CKKI-FM by the 31 August 2017 deadline. Although the licensee filed the missing renewal application on 26 September 2017, it failed to submit a response to the questions set out in the Commission’s letter.
8. The licensee explained that it thought that filing the renewal application superseded the necessity to respond to the Commission’s letter.
9. In light of the above, the Commission finds the licensee in non-compliance with section 9(4) of the Regulations.

Implementation of a public alerting system

10. Section 16(3) of the Regulations requires all licensees of campus, community and native stations to implement a public alerting system by 31 March 2016.
11. According to Commission records, the licensee has yet to implement such a system.
12. The licensee stated funding as a reason for not doing so and indicated that it will comply as soon as it can.
13. In light of the above, the Commission finds the licensee in non-compliance with section 16(3) of the Regulations. Further, the Commission has set out a condition of licence in the appendix to this decision requiring the licensee to implement a public alerting system as soon as possible and by no later than 31 October 2018 and provide proof of implementation with its annual return by 30 November 2018.

Regulatory measures

14. 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.
15. In this case, the Commission notes that CKKI-FM is a small Indigenous station in its first licence term and that this is its first instance of non-compliance. In light of these circumstances and the severity of the non-compliance, the Commission considers it appropriate to grant the station a short-term renewal of five years.This short-term licence renewal will allow for an earlier review of the licensee’s compliance with regulatory requirements.

Conclusion

16. In light of all the above, the Commission renews the broadcasting licence for the English- and Mohawk-language Indigenous (Type B Native) FM radio programming undertaking CKKI-FM Kahnawake from 1 September 2018 to 31 August 2023. The terms and conditions of licence are set out in the appendix to this decision.

Reminders

17. Licensees are responsible for filing complete annual returns on time, including financial statements. 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.
18. Licensees are required to provide, upon Commission request, information regarding their adherence to regulatory and other requirements. Failure to respond to the Commission’s inquiries could lead to non-renewal of the broadcasting licence or its revocation.
19. The full participation of the broadcasting industry is important for the National Public Alerting System (NPAS) to be effective in safeguarding and warning Canadians. As such, the Commission considers that timely compliance must be enforced, and station compliance will be closely monitored. The Commission could choose to apply other regulatory measures, such as those set out in Broadcasting Information Bulletin 2014-608, should the requirements with respect to the NPAS not be fulfilled.
20. Should the licensee continue to be in non-compliance with its regulatory requirements, the Commission may consider recourse to additional measures as part of the next licence renewal process, including the issuance of a mandatory order or the revocation or non-renewal of the licence.
21. Pursuant to section 22 of the Broadcasting Act, the broadcasting licence renewed in this decision will cease to have any force or effect should the broadcasting certificate issued by the Department of Industry lapse.

Secretary General

Related documents

• Call for licence renewal applications, Broadcasting Notice of Consultation CRTC 2017-176, 31 May 2017
• Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014
• Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011

This decision is to be appended to the licence.

Terms

The licence will expire 31 August 2023.

Conditions of licence

1. In each broadcast week, the licensee shall devote at least 35% of its musical selections from content category 2 (Popular Music) to Canadian musical selections broadcast in their entirety.

2. The licensee shall adhere to the Equitable Portrayal Code, as amended from time to time and approved by the Commission.
3. The licensee shall adhere to the Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
4. The licensee shall file its financial statements for the 2014-2015 and 2015-2016 broadcast years as soon as possible and by no later than 15 October 2018.
5. The licensee shall implement a public alerting system as soon as possible and by no later than 31 October 2018 and provide proof of implementation with its annual return by 30 November 2018.

Date modified:

2018-07-16