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ARCHIVED - Broadcasting Decision CRTC 2010-426

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Route reference: 2009-786

Ottawa, 30 June 2010

Mennonite Community Services of Southern Ontario
Aylmer, Ontario

Application 2009-0205-8, received 22 January 2009

CHPD-FM Aylmer - Licence renewal and amendment

The Commission renews the broadcasting licence for the ethnic commercial radio programming undertaking CHPD‑FM Aylmer from 1 July 2010 to 31 August 2013. This short‑term licence renewal will enable the Commission to review the licensee’s compliance with the Radio Regulations, 1986 at an earlier date.

The Commission denies the licensee’s request to amend CHPD‑FM’s condition of licence relating to the language of broadcast so that it may broadcast in languages other than German.

Introduction

1.      The Commission received an application by Mennonite Community Services of Southern Ontario (Mennonite Community) to renew the broadcasting licence for the ethnic commercial radio programming undertaking CHPD‑FM Aylmer, which expires 30 June 2010.[1] The Commission received interventions in support of this application.

2.      In Broadcasting Notice of Consultation 2009‑786, the Commission noted that the licensee may have failed to comply with section 9(2) of the Radio Regulations, 1986 (the Regulations), which relates to the provision of annual returns, for the 2004 and 2006 through 2008 broadcast years.

Commission’s analysis and determinations

3.      After examining the application in light of applicable regulations and policies, the Commission considers that the issue to be addressed in its determination relates to the following:

Provision of annual returns

4.      As set out in section 9(2) of the Regulations, licensees are required to file their annual returns for a given broadcast year by 30 November of that same broadcast year. The Commission notes that for the 2004, 2006 and 2007 broadcast years, the licensee filed its annual returns after this 30 November deadline. Although the Commission noted in Broadcasting Notice of Consultation 2009‑786 that the licensee may have failed to comply with section 9(2) of the Regulations for the 2008 broadcast year, it was in fact in compliance with this requirement for that broadcast year.

5.      The licensee stated that it was under‑resourced in administration and that although faith communities, private enterprise, the United Way and federal and provincial ministries fund the station, most of them are quick to fund programs but reluctant to fund the administration of those programs. The licensee indicated that it had strengthened its administrative resources in 2009 in order to prevent any further instances of non‑compliance with its obligations.

Proposed change to the station’s condition of licence relating to the language of the programming to be broadcast

6.      In regard to the licensee’s request to amend its condition of licence relating to the language of broadcast so that it may broadcast in languages other than German, the Commission notes that its longstanding practice is to deny licence amendments requested by licensees that are in non‑compliance with their regulatory obligations or conditions of licence. Given the licensee’s non‑compliance with section 9(2) of the Regulations relating to the provision of annual returns for CHPD‑FM, the Commission does not consider that a departure from its practice is warranted in this case. 

Conclusion

7.      In light of all of the above, in accordance with its practice regarding radio non‑compliance set out in Circular No. 444, the Commission considers that a short-term renewal period for CHPD-FM would be appropriate. Accordingly, the Commission renews the broadcasting licence for the ethnic commercial radio programming undertaking CHPD‑FM Aylmer from 1 July 2010 to 31 August 2013, four years from the original expiry date of 31 August 2009. This short‑term renewal will enable the Commission to assess the licensee’s compliance with the Regulations at an earlier date. The licence will be subject to the conditions set out in the appendix to this decision.

8.      The Commission denies the licensee’s request to amend its condition of licence relating to the language of broadcast so that it may broadcast in languages other than German.

Canadian content development

9.      The Commission reminds the licensee that it must adhere to the requirements relating to contributions to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986. Most commercial radio licensees must allocate 60% of their minimum required CCD contributions to FACTOR or MUSICACTION. However, as an ethnic broadcaster, Mennonite Community may instead direct 60% of its minimum required CCD contributions to any eligible initiative that supports the creation of ethnic programs.

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2010-426

Conditions of licence and encouragement

Conditions of licence

1.      The licence will be subject to the conditions set out in Conditions of licence for AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009‑62, 11 February 2009, with the exception of condition 7, as well as condition 8 relating to the solicitation of local advertising, which does not apply to stations operating in a single-station market.

2.      The station shall be operated within the specialty format as defined in A review of certain matters concerning radio, Public Notice CRTC 1995‑60, 21 April 1995, and Revised content categories and subcategories for radio, Public Notice CRTC 2000‑14, 28 January 2000, as amended from time to time.

3.      The licensee shall devote no less than 90% of all musical selections broadcast each broadcast week to selections drawn from category 3 (Special Interest Music).

4.      The licensee shall use the station solely for the purpose of providing programming in the German language.

5.      The licensee shall not broadcast more than six minutes of advertising material during each clock hour.

Encouragement

Employment equity

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.
[1] The current licence was administratively renewed until 31 December 2009 in Broadcasting Decision 2009‑506, until 31 May 2010 in Broadcasting Decision 2009‑785 and until 30 June 2010 in Broadcasting Decision 2010‑324.
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