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Broadcasting Notice of Consultation CRTC 2019-225

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Reference: 2019-225-1

Ottawa, 27 June 2019

Public record: 1011-NOC2019-0225

Notice of hearing

5 September 2019
Gatineau, Quebec

Deadline for submission of interventions/comments/answers: 29 July 2019

[Submit an intervention/comment/answer or view related documents]

The Commission will hold a hearing on 5 September 2019 at 11 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider the following applications, subject to interventions, without the appearance of the parties:

Applicant/Licensee and locality

  1. Radio Témiscamingue incorporée
    Ville-Marie, Quebec
    Application 2018-0684-5
  2. CFPV-FM Radio Ltd.
    Pemberton, British Columbia
    Application 2018-0694-4
  3. CKPM-FM Radio Ltd.
    Port Moody, British Columbia
    Application 2018-0695-2
  4. CIMM-FM Radio Ltd.
    Ucluelet, British Columbia
    Application 2018-0692-8
  5. CHMZ-FM Radio Ltd.
    Tofino, British Columbia
    Application 2018-0693-6
  6. CHMZ-FM Radio Ltd. and CIMM-FM Radio Ltd.
    Tofino and Ucluelet, British Columbia
    Applications 2019-0179-4 and 2019-0181-9
  7. CJNE FM Radio Inc.
    Nipawin, Saskatchewan
    Application 2019-0024-1

Preamble for items 1 to 5

The Commission announces that it has received applications to renew the broadcasting licences for the following radio stations expiring on 31 August 2019.

The licensees proposed to continue the operation of their stations under the same terms and conditions as those in effect under the current licences, including the conditions set out in Conditions of licence for commercial AM and FM radio station, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009.

The five stations in question were in non-compliance with one or more of their regulatory requirements in the past several licence terms. The licences for these stations were therefore renewed for short-term periods at the time of their last licence renewal to allow for an earlier review of their compliance with their regulatory requirements. In addition, for CHMZ-FM Tofino, CFPV-FM Pemberton and CIMM-FM Ucluelet, the Commission imposed an additional requirement to broadcast an announcement on-air mentioning their non-compliance. For CKPM-FM Port Moody, the Commission imposed a condition of licence requiring the licensee to contribute an additional amount to Canadian content development as a corrective measure to repair the harm caused to the broadcasting system.

The Commission notes the serious and, in some cases, repeated nature of these instances of apparent non-compliance in the current licence term. The licensees were notified of their respective instances of apparent non-compliance and of their potential impact on their next licence term. All of the licensees were given the opportunity to respond to the Commission. This correspondence is available on the public file of each of the renewal applications set out in the present notice of consultation.

The Commission intends to consider the renewal of the broadcasting licences for these stations in accordance with the approach set out in Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014 (Broadcasting Information Bulletin 2014-608). Subject to the requirements of the Broadcasting Act, the Commission will consider the use of the following measures set out at paragraph 7 of that information bulletin, given the facts of each application:

Specifically, as set out in Broadcasting Information Bulletin 2014-608, each instance of non-compliance will be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commission will also consider the circumstances, the arguments provided by the licensees and the actions taken to rectify the situation in order to continue operating their undertakings in compliance with their respective regulatory requirements.

1. Radio Témiscamingue incorporée
Ville-Marie, Quebec
Application 2018-0684-5

Application by Radio Témiscamingue incorporée to renew the broadcasting licence of the French-language commercial FM radio programming undertaking CKVM-FM Ville-Marie and it’s transmitter CKVM-1-FM Témiscaming, expiring 31 August 2019.

According to Commission records the licensee is in apparent non-compliance with the following sections of the Radio Regulations, 1986 (the Regulations) and its condition of licence set out below:

The Commission notes that in Broadcasting Decision 2013-692, it granted the station a short-term renewal due to non-compliance with section 9(2) of the Regulations, which relates to the filing of complete annual returns.

Should the Commission determine that the licensee is in non-compliance in the current licence term, this would be the fourth consecutive licence term in which CKVM-FM has been found in non-compliance with its regulatory requirements.

Given the number of instances of apparent non-compliance in the current licence term, in addition to the instances of non-compliance noted by the Commission inBroadcasting Decision CRTC 2013-692, CKVM-FM Ville-Marie and its transmitter – Licence renewal, Broadcasting Decision CRTC 2010-430, 30 June 2010 and CKVM-FM Ville-Marie and its transmitter CKVM-FM-1 Témiscaming - Licence renewal, Broadcasting Decisions CRTC 2007-331, 28 August 2007,  the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner.

Licensee's address:

62 Ste-Anne Street
Ville-Marie, Quebec
J9V 2B7
E-mail: dg@ckvmfm.com
E-mail to request electronic version of application: dg@ckvmfm.com

2. CFPV-FM Radio Ltd.
Pemberton, British Columbia
Application 2018-0694-4

Application by CFPV-FM Radio Ltd. torenew the broadcasting licence for the English-language commercial FM radio station CFPV-FM Pemberton, expiring 31 August 2019.

According to Commission records the licensee is in apparent non-compliance with the following sections of the Radio Regulations, 1986 (the Regulations) and its conditions of licence set out below:

In addition to the apparent non-compliances set out above, the Commission has concerns with regards to the local programming offered by the station.

The Commission notes that in Broadcasting Decision 2017-354, it granted the station a short-term renewal and required that it make announcements on-air regarding its non-compliance due to instances of non-compliance regarding sections 2.2(8), 2.2(9), 9(2) and 9(3)(b) of the Regulations, which relate to the broadcast of Canadian musical selections, the filing of annual returns, the submission of a complete and accurate music list, as well as condition of licence 2 set out in CFPV-FM Pemberton – Licence renewal, Broadcasting Decision CRTC 2013-700, 16 December 2013 (Broadcasting Decision 2013-700), relating to the requirement of the licensee to expend the Canadian talent development (CTD) shortfall totaling $9,183 to fulfill its CTD commitments set out in English-language FM radio station in Pemberton, Broadcasting Decision CRTC 2006-643, 27 November 2006.

Should the Commission determine that the licensee is in non-compliance in the current licence term, it would be the third consecutive licence term in which CFPV-FM has been found in non-compliance with its regulatory requirements.

Given the current instances of apparent non-compliance, in addition to the other instances of non-compliance noted by the Commission in Broadcasting Decisions 2017-354 and 2013-700, the Commission has concerns regarding the licensee's ability and commitment to operate the station in a compliant manner.

Licensee's address:

PO Box 31859 RPO Steveston Village
Richmond, British Columbia
V7E 0B5
E-mail:matthew@mcmi.ca
E-mail to request electronic version of application: matthew@mcmi.ca

3. CKPM-FM Radio Ltd.
Port Moody, British Columbia
Application 2018-0695-2

Application by CKPM-FM Radio Ltd. torenew the broadcasting licence for the English-language commercial FM radio station CKPM-FM Port Moody, expiring 31 August 2019.

According to Commission records the licensee is in apparent non-compliance with the following sections of the Radio Regulations, 1986 (the Regulations) and its conditions of licence set out below:

In addition to the apparent non-compliances set out above, the Commission has concerns with regards to the local programming offered by the station.

The Commission notes that in Broadcasting Decision 2015-372, it granted the station a short-term renewal due to instances of non-compliance regarding sections 2.2(8) and 2.2(9) of the Regulations which relate to the broadcast of Canadian musical selections from content category 2 (Popular music) and its condition of licence relating to the broadcast of musical selections from content subcategories 33 and 34. In addition, the Commission imposed a condition of licence requiring an additional CCD contribution of $600.

Should the Commission determine that the licensee is in non-compliance in the current licence term, it would be the second consecutive licence term in which CKPM-FM has been found in non-compliance with its regulatory requirements.

Given the current instances of apparent non-compliance and their recurring nature, in addition to the other instances of non-compliance noted by the Commission in Broadcasting Decision 2015-372, the Commission has concerns regarding the licensee's ability and commitment to operate the station in a compliant manner.

Finally, please note that additional information may be added to the public file for the station as it becomes available. The Commission encourages interested persons to monitor the public files and the Commission’s website for additional information that they may find useful when preparing their comments.

Licensee's address:

PO Box 31859 RPO Steveston Village
Richmond, British Columbia
V7E 0B5
E-mail:matthew@mcmi.ca
E-mail to request electronic version of application: matthew@mcmi.ca

4. CIMM-FM Radio Ltd.
Ucluelet, British Columbia
Application 2018-0692-8

Application by CIMM-FM Radio Ltd. torenew the broadcasting licence for the English-language commercial FM radio station CIMM-FM Ucluelet, expiring 31 August 2019.

The applicant also filed an application (2019-0181-9) for authorization to change its ownership and effective control (item 6).

According to Commission records the licensee is in apparent non-compliance with the following sections of the Radio Regulations, 1986 (the Regulations) and its conditions of licence set out below:

In addition to the apparent non-compliances set out above, the Commission has concerns with regards to the local programming offered by the station.

The Commission notes that in Broadcasting Decision 2016-297, it granted the station a short-term renewal and required that it make announcements on-air regarding its non-compliance due to instances of non-compliance regarding sections 8(1), 8(4), 8(5), 8(6), 9(2), 9(3) and 9(4) of the Regulations, which relate to the filing of radio monitoring material, the filing of annual returns, and the requirement to respond to Commission requests.

Should the Commission determine that the licensee is in non-compliance in the current licence term, it would be the third consecutive licence term in which CIMM-FM has been found in non-compliance with its regulatory requirements.

Given the current instances of apparent non-compliance and their recurring nature, in addition to the other instances of non-compliance noted by the Commission in Broadcasting Decision 2016-297 and CIMM-FM Ucluelet – Licence renewal, Broadcasting Decision CRTC 2013-452, 28 August 2013, the Commission has concerns regarding the licensee's ability and commitment to operate the station in a compliant manner.

Licensee's address:

PO Box 31859 RPO Steveston Village
Richmond, British Columbia
V7E 0B5
E-mail:matthew@mcmi.ca
E-mail to request electronic version of application: matthew@mcmi.ca

5. CHMZ-FM Radio Ltd.
Tofino, British Columbia
Application 2018-0693-6

Application by CHMZ-FM Radio Ltd. torenew the broadcasting licence for the English-language commercial FM radio station CHMZ-FM Tofino, expiring 31 August 2019.

The applicant also filed an application (2019-0179-4) for authorization to change its ownership and effective control (item 6).

According to Commission records the licensee is in apparent non-compliance with the following sections of the Radio Regulations, 1986 (the Regulations) and its condition of licence set out below:

In addition to the apparent non-compliances set out above, the Commission has concerns with regards to the local programming offered by the station.

The Commission notes that in Broadcasting Decision 2016-297, it granted the station a short-term renewal and required that it make announcements on-air regarding its non-compliance due to instances of non-compliance regarding sections 8(4), 8(5) and 9(3) of the Regulations, which relate to the filing of radio monitoring material.

Should the Commission determine that the licensee is in non-compliance in the current licence term, it would be the third consecutive licence term in which CHMZ-FM has been found in non-compliance with its regulatory requirements.

Given the current instances of apparent non-compliance and their recurring nature, in addition to the other instances of non-compliance noted by the Commission in Broadcasting Decision 2016-297 and CHMZ-FM Tofino – Acquisition of assets, Broadcasting Decision CRTC 2012-694, 20 December 2012, the Commission has concerns regarding the licensee's ability and commitment to operate the station in a compliant manner.

Licensee's address:

PO Box 31859 RPO Steveston Village
Richmond, British Columbia
V7E 0B5
E-mail:matthew@mcmi.ca
E-mail to request electronic version of application: matthew@mcmi.ca

6. CHMZ-FM Radio Ltd. and CIMM-FM Radio Ltd.
Tofino and Ucluelet, British Columbia
Applications 2019-0179-4 and 2019-0181-9

Applications by CHMZ-FM Radio Ltd. and CIMM-FM Radio Ltd. for authority to change their ownership and effective control. These entities are the respective licensees of the English-language Commercial FM Radio stations CHMZ-FM Tofino and CIMM-FM Ucluelet. The transaction would subsequently be effected by the transfer of all of the shares to 1193833 B.C. Ltd.

The applicant also filed applications (2018-0692-8 and 2018-0693-6) to renew the broadcasting licences for these two stations, which are to be considered in this notice (items 4 and 5).

The applicant proposed to operate the stations under the same terms and conditions as those set out in the current licences.

CHMZ-FM Radio Ltd. and CIMM-FM Radio Ltd. are corporations wholly owned and controlled by Matthew McBride.

1193833 B.C. Ltd. is a Corporation that is wholly owned and controlled by Cameron Randall Dennison.

Pursuant to the purchase agreement, 1193833 B.C. Ltd. would acquire all the issued and outstanding shares of the share capital of CHMZ-FM Radio Ltd. and CIMM-FM Radio Ltd. The purchase price is $108,755. The applicant did not propose a tangible benefits package.

Following the transaction, 1193833 B.C. Ltd. would become the licensee of CHMZ-FM Tofino and of CIMM-FM Ucluelet.

Applicant’s address:

PO Box 31859 RPO Steveston Village
Richmond, British Columbia
V7E 0B5
E-mail:matthew@mcmi.ca
E-mail to request electronic version of application: matthew@mcmi.ca

7. CJNE FM Radio Inc.
Nipawin, Saskatchewan
Application 2019-0024-1

Application by CJNE FM Radio Inc. for a broadcasting licence to operate an English-language low-power commercial FM radio station in Nipawin.

The station would operate at 89.5 MHz (channel 208LP) with an effective radiated power of 50 watts (non-directional antenna with an effective height of antenna above average terrain of 49.3 metres).

The applicant proposes a country music format.

The applicant also proposes to broadcast 126 hours of local programming per broadcast week.

The Commission may withdraw this application from the public hearing if it is not advised by the Department of Industry, at least twenty days prior to the hearing, that the application is technically acceptable.

Applicant’s address:

213 Centre Street
P.O. Box 220
Nipawin, Saskatchewan
G1G 5A9
Fax: 306-862-2334
Email: norm.cjne@sasktel.net
Email to request electronic version of application: norm.cjne@sasktel.net

Procedure

Deadline for interventions, comments or answers

29 July 2019

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) apply to the present proceeding. The Rules of Procedure set out, among other things, the rules for content, format, filing and service of interventions, answer, replies and requests for information; the procedure for filing confidential information and requesting its disclosure; and the conduct of public hearings. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and related documents, which can be found on the Commission’s website under “Statutes and Regulations.” Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, provides information to help interested persons and parties understand the Rules of Procedure so that they can more effectively participate in Commission proceedings.

An intervention or an answer from a respondent must be filed with the Commission and served on the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

Interventions and answers must clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

Parties are permitted to coordinate, organize, and file, in a single submission, interventions by other interested persons who share their position. Information on how to file this type of submission, known as a joint supporting intervention, as well as a template for the covering letter to be filed by the parties, can be found in Changes to certain practices for filing interventions – Expansion of filing practices to include the filing of joint supporting comments for broadcasting policy proceedings, Broadcasting Information Bulletin CRTC 2010-28-1, 10 December 2010.

The Commission encourages interested persons and parties to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Submissions longer than five pages should include a summary. Each paragraph of all submissions should be numbered, and the line ***End of document*** should follow the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

Pursuant to Filing submissions for Commission proceedings in accessible formats, Broadcasting and Telecom Information Bulletin CRTC 2015-242, 8 June 2015, the Commission expects incorporated entities and associations, and encourages all Canadians, to file submissions for Commission proceedings in accessible formats (for example, text-based file formats that allow text to be enlarged or modified, or read by screen readers). To provide assistance in this regard, the Commission has posted on its website guidelines for preparing documents in accessible formats.

Submissions must be filed by sending them to the Secretary General of the Commission using only one of the following means:

by completing the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

Parties who send documents electronically must ensure that they will be able to prove, upon Commission request, that filing, or where required, service of a particular document was completed. Accordingly, parties must keep proof of the sending and receipt of each document for 180 days after the date on which the document is filed or served. The Commission advises parties who file or serve documents by electronic means to exercise caution when using email for the service of documents, as it may be difficult to establish that service has occurred.

In accordance with the Rules of Procedure, a document must be received by the Commission and all relevant parties by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. Parties are responsible for ensuring the timely delivery of their submissions and will not be notified if their submissions are received after the deadline. Late submissions, including those due to postal delays, will not be considered by the Commission and will not be made part of the public record.

The Commission will not formally acknowledge submissions. It will, however, fully consider all submissions, which will form part of the public record of the proceeding, provided that the procedure for filing set out above has been followed.

In the event that an application to be considered during the non-appearing phase of the hearing is brought to an oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions or answers are not sufficient and why an appearance is necessary. Parties requiring communication support must state their request on the first page of their intervention. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, fax, email or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, email addresses, postal/street addresses, telephone and fax numbers, etc.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

Availability of documents

Electronic versions of the applications are available on the Commission’s website at www.crtc.gc.ca by selecting the application number within this notice. They are also available from the applicants, either on their websites or upon request by contacting the applicants at their email addresses, provided above.

Electronic versions of the interventions and answers, as well as of other documents referred to in this notice, are available on the Commission’s website at www.crtc.gc.ca by visiting the “Consultations and hearings – Have your say!” section, then selecting “our applications and processes that are open for comment”. Documents can then be accessed by clicking on the links in the “Subject” and “Related Documents” columns associated with this particular notice.

Documents are also available at the following address, upon request, during normal business hours.

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Toll-free telephone: 1-877-249-2782
Toll-free TTY: 1-877-909-2782

Secretary General

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