ARCHIVED - Broadcasting Decision CRTC 2010-779
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Route reference: 2010-334
Ottawa, 21 October 2010
Peace River Broadcasting Corporation Ltd.
High Level, La Crete and Rainbow Lake, Alberta
Application 2010-0420-0, received 4 March 2010
CKHL-FM High Level and its transmitters - Licence renewal
The Commission renews the broadcasting licence for the English-language commercial radio station CKHL-FM High Level and its transmitters from 1 December 2010 to 31 August 2014. This short-term licence renewal will enable the Commission to review, at an earlier date, the licensee’s compliance with the Radio Regulations, 1986 and with its conditions of licence.
1. The Commission received an application by Peace River Broadcasting Corporation Ltd. to renew the broadcasting licence for the English-language commercial radio programming undertaking CKHL-FM High Level and its transmitters CKLA-FM La Crete and CJRA-FM Rainbow Lake, which expires 30 November 2010. The Commission did not receive any interventions in connection with this application.
2. In Broadcasting Notice of Consultation 2010-334, the Commission stated that the licensee may have failed to comply with the following regulatory requirements:
section 9(2) of the Radio Regulations, 1986 (the Regulations), which relates to the provision of annual returns for each of the 2004 to 2009 broadcast years;
section 15(2) of the Regulations related to its Canadian Content Development (CCD) contributions for the 2009 broadcast year; and
section 8(6) of the Regulations related to the submission of complete logger tapes.
Commission’s analysis and determinations
3. After examining the application in light of the applicable regulations and policies, the Commission considers that the issues to be addressed in its determinations relates to the following:
the provision of annual returns;
contributions to CCD; and
the furnishing of complete logger tapes
Provision of annual returns
4. As set out in section 9(2) of the Regulations, licensees are required to file, before 30 November of each year, their annual return for the broadcast year ending the previous 31 August. The Commission notes the licensee’s annual returns for the 2004 to 2009 broadcast years were filed after the 30 November deadline.
5. The licensee stated that the firm hired to provide the annual returns will ensure that all future reports are provided by the 30 November deadline.
Contributions to Canadian content development
6. The Commission notes that the licensee had a shortfall of $100 in its CCD contribution for the 2009 broadcast year.
7. The licensee stated that this shortfall occurred due to a bookkeeping error and has indicated that a system has been put into place to ensure that no future errors occur. Furthermore, the licensee has indicated that a cheque for the full amount has been submitted to FACTOR.
Furnishing of complete logger tapes
8. A monitoring by the Commission of the station’s programming for the broadcast week of 29 March to 4 April 2009 revealed 50 hours of missing programming. This submission of incomplete logger tapes represents a failure to comply with section 8(6) of the Regulations relating to the furnishing of complete logger tapes. As a means of ensuring future compliance, the licensee has indicated that it has instituted a redundancy logger system whereby dual recordings will be kept. As well, the monitoring system has been moved to its Peace River station where more staff is available to monitor the logging system.
9. 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 CKHL-FM High River and its transmitters is appropriate. Accordingly, the Commission renews the broadcasting licence for the English-language commercial radio programming undertaking CKHL-FM High River and its transmitters CKLA-FM La Crete and CJRA-FM Rainbow Lake from 1 December 2010 to 31 August 2014. This short-term renewal will enable the Commission to assess, at an earlier date, the licensee’s compliance with the Regulations and with its conditions of licence. The licence will be subject to the conditions set out in Broadcasting Regulatory Policy 2009-62.
10. In accordance with Public Notice 1992-59, 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.
Administrative renewals, Broadcasting Decision CRTC 2010-635, 30 August 2010
Notice of applications received, Broadcasting Notice of Consultation CRTC 2010-334, 1 June 2010
Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009
Practices regarding radio non-compliance, Circular No. 444, 7 May 2001
Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992
* This decision is to be appended to the licence.
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