Broadcasting Commission Letter Addressed to the Director of Operations of Walpole Island First Nation Radio

Ottawa, 26 February 2018

Sent by:
Email: alan.d.jacobs@gmail.com
AND by
registered mail at the address below

Alan Jacobs
Director of Operations
785 Tecumseh Rd.
Thunderbird Plaza Unit #11
Walpole Island First Nation, Ontario
N8A 4K9

Re: Application 2017-0907-3 – Licence renewal – CFRZ-FM Walpole Island First Nation, ON - Several attempts to reach the licensee

Mr. Jacobs,

On 8 November 2017, Commission staff sent you a letter by email at alan.d.jacobs@gmail.com which required a response to various questions relating to instances of apparent non-compliance from the licensee of CFRZ-FM (see Appendix 1). The response was to be submitted to the Commission by no later than 20 November 2017. The letter explained that a response was necessary to pursue the analysis of the renewal application for CFRZ-FM (2017-0907-3).

At present, the Commission has not received a response, despite significant efforts on behalf of Commission staff to establish contact with the licensee, as demonstrated below:

Because of the absence of a response on your part by the specified deadline, the licensee is in apparent non-compliance with section 9(4) of the Radio Regulations, 1986 which requires licensees to respond to Commission requests for information relating to adherence to their regulatory obligations.

In light of the information above:

In order for the Commission to process the renewal application for CFRZ-FM file in a timely manner, please submit a response to the questions laid out above and those originally requested in the 8 November 2017 letter from Commission staff (see Appendix 1) as soon as possible, and by no later than 28 March 2018.

Please repeat each question in your response.

Please note that a copy of this letter and all related correspondence will be added to your renewal file and your application may be posted on the Commission’s websiteFootnote1 , under the category of applicants that appear to be in non-compliance.

The Commission requires documents to 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 Cover Page” located on this web page. Also on this web page you will find information on the submission of applications to the Commission “Filing Broadcasting and Canadian Program Certification documents with the CRTC: Privacy and Security”.

Should you need further information, please do not hesitate to contact me by telephone at 819-997-4453, by fax at 819-994-0218 or by e-mail at marie-lyse.lavallee@crtc.gc.ca

Sincerely,

Marie-Lyse Lavallée
Radio analyst


Appendix 1 – Letter from Commission staff dated 8 November 2017

Sent by Email: alan.d.jacobs@gmail.com

8 November 2017

Alan Jacobs
Director of Operations
785 Tecumseh Rd.
Thunderbird Plaza Unit #11
Walpole Island First Nation, Ontario
N8A 4K9

Re: Application 2017-0907-3 – Licence Renewal – CFRZ-FM Walpole Island First Nation, Ontario

Mr. Jacobs,

The Commission is in receipt of the above-noted application to renew the broadcasting licence for the English- and Ojibway-language low-power Type B Native FM radio station in Walpole Island, Ontario. In order to pursue the analysis of this application, please respond to the questions set out in this letter. The information requested herein should be received by the Commission no later than 20 November 2017.

Instance(s) of Apparent Non-Compliance

Please note that in evaluating instances of apparent non-compliance, the Commission considers factors such as the quantity, recurrence and seriousness of non-compliance. The Commission will impose measures according to the nature of the non-compliance, and also consider the circumstances, the arguments provided by the licensee, as well as the actions taken to rectify the situationFootnote2 .

Please note that upon receipt of your response to the questions set out in this letter regarding instances of apparent non-compliance, no further letter requesting additional information will be sent unless exceptional circumstances justify to do so.  At this point, your file will be considered complete and a public proceeding will follow based on the information received.Footnote3 Consequently, it is the licensee’s responsibility to provide a response that includes complete and accurate information, including any necessary supporting evidence, as this is your opportunity to comment in writing on the preliminary findings concerning CFRZ-FM’s instance(s) of apparent non-compliance described below. 

Please repeat each question in your response.

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 Radio Regulations, 1986 (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.

The Commission requires that your response 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 Cover Page” located on this web page.   Also on this web page you will find information on the submission of applications to the Commission “Filing Broadcasting and Canadian Program Certification documents with the CRTC: Privacy and Security”.

Should you need further information concerning this application, please do not hesitate to contact me by telephone at 819-997-4453, by fax at 819-994-0218 or by e-mail at marie-lyse.lavallee@crtc.gc.ca.

Sincerely,

Marie-Lyse Lavallée
Radio Analyst
CRTC - Radio Policy & Application


  1. Apparent Non-Compliance: Annual Returns

    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 apparent non-compliance.

    According to Commission records, the annual returns for the 2012-2013, 2013-2014, 2014-2015 and 2015-2016 broadcast years were not filed with the Commission. Therefore, it appears that the licensee of CFRZ-FM may be in non‐compliance with subsection 9(2) of the Regulations, relating to the filing of annual returns for the 2012-2013, 2013-2014, 2014-2015 and 2015-2016 broadcast years.
    In light of the information above:

    1. Please explain the circumstances of these apparent non‐compliances.
    2. Please specify what measures have been or will be put in place to ensure full compliance with subsection 9(2) of the Regulations during the new licence term.
    3. Please specify the date by which the missing annual returns for the 2012-2013, 2013-2014, 2014-2015 and 2015-2016 broadcast years will be filed with the Commission.
    4. Please comment on the possibility of a short-term renewal for CFRZ-FM, in accordance with Broadcasting Information Bulletin CRTC 2014-608, should the licensee be found in non-compliance with subsections 9(2) of the Regulations.
    5. Please comment on the possible imposition of other measures set out in Broadcasting Information Bulletin CRTC 2014-608 such as the imposition of conditions of licence, mandatory orders, non-renewal, suspension, or revocation of the licence, or the requirement to broadcast of an announcement regarding the non-compliance.
  2. Apparent Non-Compliance: National Public Alerting System

    Broadcasting Regulatory Policy 2014-444 sets out the requirements related to the implementation of the National Public Alerting System(NPAS). In addition, pursuant to subsection 16(3) of the Radio Regulations, 1986 (the Regulations), campus, community or Native radio broadcasters must implement, by no later than 31 March 2016, an operational public alerting system on all stations that they are licensed to operate.

    Since 2015, as part of their annual returns, licensees must fill out and file annually form 1411 (i.e. survey regarding the implementation of the National Public Alerting System (NPAS)). As previously noted, according to Commission records, the licensee did not file the annual return and form 1411 for CFRZ-FM for the 2015-2016 broadcast year. Therefore, it appears that CFRZ‐FM is in non‐compliance with subsection 9(2) of the Regulations, relating to the filing of duly completed annual returns for the 2015-2016 broadcast year.

    In light of the information above:

    1. Please specify the date by which the missing survey (form 1411) for the 2015-2016 broadcast year will be filed with the Commission.
    2. Please confirm that as part of the filing of any future annual returns, the licensee will complete and file form 1411 as required.
    3. Please confirm that an operational public alerting system is installed on CFRZ-FM as required. Please also specify the implementation date.
    4. If the NPAS has not been implemented, or if the NPAS was implemented after the 31 March 2016 deadline, please answer the following questions as the licensee would be in apparent non-compliance with subsection 16(3) of the Regulations:
      1. Please explain the circumstances of this apparent non-compliance.
      2. Please specify the date by which the NPAS will be fully implemented for CFRZ-FM.
      3. Please specify what measures have been or will be put in place to ensure future compliance with subsection 16(3) of the Regulations.
    5. Please comment on the possibility of a short-term renewal for CFRZ-FM, in accordance with Broadcasting Information Bulletin CRTC 2014-608, should the licensee be found in non-compliance with subsections 9(2) and 16(3) of the Regulations.
    6. Please comment on the possible imposition of other measures set out in Broadcasting Information Bulletin CRTC 2014-608 such as the imposition of conditions of licence, mandatory orders, non-renewal, suspension, or revocation of the licence, or the requirement to broadcast of an announcement regarding the non-compliance.
  3. Name of the licensee

    In section 1.2 of your application form, you indicated that the name of the licensee is Kiig-da-Win Media. As per Broadcasting Decision CRTC 2011-682, the licence is issued to the Director of Operations of Walpole Island First Nation Radio. Please confirm the name of the licensee.

  4. Board of Directors

    Refer to question 5 of the application form concerning the directors and the officers of the licensee. Our records show the following:

    Board of directors
    Name Position Ctzn Res
    Jacobs, Alan Director Can Can
    Thomas, Dennis Director Can Can
    White, Ira Director Can Can

    * Mr. Jacobs performs the functions that are similar to the functions of a CEO

    Please confirm the name of the directors and the officers, their citizenship, their country of residence and their complete residential addresses. Complete residential addresses include civic number, street name, city, province and postal code. Please note that PO Box numbers are not accepted as a residential address.

    Confidentiality of information: In accordance with the Broadcasting and Telecom Information Bulletin CRTC 2010-961, the applicant can request that some information such as an individual’s civic number, street name and postal code be designated as confidential. In such case, two separate versions must be filed:

    1. A confidential version of the document with the complete residential address of each individual, clearly marked “CONFIDENTIAL” on each page. If the document is filed electronically, each file containing confidential information must include “confidential” in the file name.
    2. An abridged version for the public record with each individual’s name, city and province of residence.
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