Broadcasting Staff Letter addressed to Karen Gifford (Corus)

Ottawa, 21 April 2023

Reference(s): 2022-0657-3

BY E-MAIL

Karen Gifford
Corus
25, Dockside Drive
Toronto, Ontario, M5A 0B5
corus.regulatory@corusent.com

Subject: Performance evaluation report - Licence renewal application #2022-0657-3 CHQR Calgary, Alberta  Corus Radio Inc. Weeks of:  Sunday 22 January to Saturday 28 January 2023 and Sunday 29 January to Saturday 4 February 2023

Thank you for providing the material requested within the specified deadline in our request for information dated 14 February 2023 within the context of application 2022-0657-3.

Based on the documentation and audio recording provided, Commission staff was able to proceed with the evaluation of CHQR Calgary. Please refer to the following summary performance evaluation results for the station.

This analysis is preliminary and will be used by Commission members in their deliberations. The final decision published on the CRTC website may differ from the results listed in this report.

According to the results of this performance evaluation, the licensee appears to be in compliance with sections 8(1) and 8(5) as well as subsections 2.2(8), 2.2(9), 2.2(3)(b), 9(3)(a) and 9(3)(b) of the Radio Regulations, 1986 (the Regulations).

However, more information from the licensee is requested below and should be received by the Commission no later than 1 May 2023.

Once the licence renewal application is completed with this additional information the Commission will re-publish the application for additional comments. The timelines for the proceeding will be as follows:

1. The deadline for the filing of additional interventions will 10 calendar days after publication.
2. The deadline for the filing of replies to the interventions by the applicant will be 5 calendar days after the closure of the intervention period.

Instances 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 consider the circumstances, the arguments provided by the licensee, as well as the actions taken to rectify the situation^Footnote9 .

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 it. It is the licensee’s responsibility to provide a response that includes complete and accurate information, including any necessary supporting evidence, as this is youropportunity to comment in writing on the preliminary findings concerning CHQR’s instance(s) of apparent non-compliance described in this letter.

Please repeat each question in your response.

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 Regulations which requires licensees to respond to Commission requests for information relating to adherence to their regulatory obligations. 

Your response or other documents should be submitted electronically by using the secured service “My CRTC Account” (Partner Log In or GCKey) and filling the “Broadcasting Cover Page” or the “Broadcasting Online Form and 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 have any questions regarding the present performance evaluation, please contact Marie-Joelle LeBlanc at 819-664-7197 or at the following e-mail: SurveillanceRadioMonitoring@crtc.gc.ca. For other matters, please contact Laurent Robillard-Cardinal 819-271-9404 – Laurent.Robillard-Cardinal@crtc.gc.ca

A copy of this letter and all other related correspondence will be placed on the station’s ongoing analysis file and to the public record of the proceeding.

Best regards,

Laurent Robillard-Cardinal
Senior Radio Analyst
Radio Policy and Applications

Questions

As set out in Broadcasting Regulatory Policy 2022-334, condition of licence 4 stipulates that the undertaking shall be operated on the basis of the contours and particulars contained in the approved application. The authorized contours of CHQR are presented in Appendix A.

Following the performance evaluation for the weeks of Sunday 22 January to Saturday 28 January 2023 and Sunday 29 January to Saturday 4 February 2023 and in receipt of your 10 March 2023 cover letter, the licensee is in apparent non-compliance with condition of licence 4 by simulcasting CHQR on CFQG-FM, therefore outside its authorized contours.

In light of the above:

1. Please explain the circumstances that led to this apparent non†compliance with condition of licence 4. In this regard, explain why the licensee has been simulcasting prior to filing applications 2023-0201-6, 2023-0202-4 and 2023-0203-2 with the Commission?
2.      Should the Commission not render a decision prior to 31 August 2023 on the application 2023-0203-2 to revoke the licence for CHQR, or should the Commission deny this application, comment on the possibility of a short-term renewal for CHQR, should the licensee be found in non-compliance with condition of licence 4 as set out in Broadcasting Policy 2022-234.
3.      Please comment on the possible imposition of additional measures, as set out in Broadcasting Information Bulletin CRTC 2014-608 such as : 
   • The imposition of a mandatory order under section 12 of the Broadcasting Act (the Act) requiring the licensee to comply with condition of licence 4 at all times. Note that this order would be registered with Federal Court orders under section 13 of the Act. Would you consent to the imposition of such orders if the Commission deems it necessary?

The obligation to broadcast an on-air announcement regarding the non-compliance.

Appendix A

CHQR-CFQG-FM Contours

Date modified:

2023-04-21