Broadcasting Decision CRTC 2018-313

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

Ottawa, 24 August 2018

City Church Halifax
Spryfield, Nova Scotia

Public record for this application: 2017-0741-5

CIRP-FM Spryfield – Licence renewal

The Commission renews the broadcasting licence for the low-power, English-language commercial specialty radio station CIRP-FM Spryfield from 1 September 2018 to 31 August 2025.

Application

1. City Church Halifax (City Church) filed an application to renew the broadcasting licence for the low-power, English-language commercial specialty radio station CIRP-FM Spryfield, Nova Scotia, which expires 31 August 2018. The Commission did not receive any interventions in regard to this application.

Non-compliance

2. For the current licence term, as set out in the appendix to Christian music FM radio station in Spryfield, Broadcasting Decision CRTC 2011-591, 16 September 2011 (Broadcasting Decision 2011-591), the licensee has been required by condition of licence to contribute $500 in each broadcast year to Canadian content development (CCD) for a total of $3,500 over seven consecutive broadcast years, over and above any basic annual CCD contributions required under section 15 of the Radio Regulations, 1986.
3. According to Commission records, the licensee did not report any over-and-above CCD contributions for the 2011-2012, 2013-2014 and 2014-2015 broadcast years, resulting in a shortfall of $1,500. Further, Commission records show that the licensee did not provide sufficient proof of eligibility regarding the initiatives and events associated with its reported over-and-above CCD contributions for the 2012-2013 and 2015-2016 broadcast years, resulting in a shortfall of $1,000 ($500 per broadcast year). The total apparent shortfall is therefore $2,500.
4. City Church attributed the missing proof of eligibility documentation to possible computer errors, and noted that it has since improved its accounting and filing procedures. It added that its volunteer accountant misunderstood the payment date requirements and other regulatory obligations. In regard to the apparent shortfall, in response to a Commission request, the licensee filed all missing documentation on 21 December 2017 to support its claimed CCD expenditures. Based on that documentation, City Church submitted that it had adhered to the station’s condition of licence relating to CCD contributions.
5. The Commission has examined the documentation provided by City Church and notes that the licensee paid the required CCD amounts during the current licence term for each broadcast year in question.^{Footnote 1} The Commission therefore finds that there are no CCD shortfalls for the station and that all issues relating to the eligibility of the recipient initiatives have been resolved. Accordingly, the Commission finds the licensee to be in compliance with its CCD condition of licence set out in the appendix to Broadcasting Decision 2011-591.

Conclusion

6. In light of the above, the Commission renews the broadcasting licence for the low-power, English-language commercial specialty radio programming undertaking CIRP-FM Spryfield from 1 September 2018 to 31 August 2025. The terms and conditions of licence are set out in the appendix to this decision.

Reminders

7. 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.
8. It is incumbent upon licensees to provide, by the required deadlines, proof of payment to such initiatives. Licensees 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.
9. 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
This decision is to be appended to the licence.

Terms

The licence will take effect 1 September 2018 and expire 31 August 2025.

Conditions of licence

1. The licensee shall adhere to the conditions of licence 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 licensee shall operate the station within the Specialty format as defined in A review of certain matters concerning radio, Public Notice CRTC 1995-60, 21 April 1995, and in Revised content categories and subcategories for radio, Broadcasting Regulatory Policy CRTC 2010-819, 5 November 2010.
3. The licensee shall ensure that a minimum of 95% of all musical selections broadcast during each broadcast week are drawn from content subcategory 35 (Non-classic religious), as defined in Revised content categories and subcategories for radio, Broadcasting Regulatory Policy CRTC 2010-819, 5 November 2010.
4. The licensee shall devote in each broadcast week at least 20% of all musical selections from content category 3 (Special Interest Music) to Canadian musical selections broadcast in their entirety.
5. When 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.

Expectation

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.

Date modified:

2018-08-24