ARCHIVED - Broadcasting Decision CRTC 2010-816
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Route reference: 2010-334
Ottawa, 4 November 2010
Haliburton Broadcasting Group Inc.
Application 2010-0184-1, received 9 February 2010
CFBK-FM Huntsville – Licence renewal
The Commission renews the broadcasting licence for the English-language commercial radio station CFBK-FM Huntsville 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.
1. The Commission received an application by Muskoka-Parry Sound Broadcasting Limited (Muskoka-Parry Sound Broadcasting), now under the name of Haliburton Broadcasting Group Inc., to renew the broadcasting licence for the english-language commercial radio programming undertaking cfbk-fm huntsville, 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 section 9(2) of the Radio Regulations, 1986 (the Regulations), which relates to the provision of annual returns, for the 2006-2007 broadcast year.
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 determinations relates to the 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 that, for the 2006-2007 broadcast year, the licensee’s annual return was filed after this 30 November deadline.
5. As an explanation for the delay, the current owner of the licence for CFBK-FM stated that it did not own the licence for this undertaking during the 2007 annual return filing period and that the previous owner of that licence was hospitalized at the time of filing. The Commission reminds the licensee, however, that any instance of non-compliance that occurs during a station’s term of licence becomes the responsibility of the new owner of the station following its acquisition of that station.
6. In light of all of the above, and 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 CFBK-FM would be appropriate. Accordingly, the Commission renews the broadcasting licence for the English-language commercial radio programming undertaking CFBK-FM Huntsville from 1 December 2010 to 31 August 2014. This short-term renewal will enable the Commission to review, at an earlier date, the licensee’s compliance with the Regulations. The licence will be subject to the conditions set out in Broadcasting Regulatory Policy 2009-62.
7. In Broadcasting Public Notice 2008-14, the Commission approved a change in the effective control of Muskoka-Parry Sound Broadcasting, from Ian Byers to Christopher Grossman, through the transfer to Haliburton Broadcasting Group Inc., a corporation controlled by Mr. Grossman, of all the shares of Muskoka-Parry Sound Broadcasting. The Commission reminds the licensee that it has until 31 August 2014 to meet its commitment in terms of its expenditure of it tangible benefits, for a total financial contribution of $195,000, flowing from this change in effective control.
8. 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
Applications processed pursuant to the streamlined procedure, Broadcasting Public Notice CRTC 2008-14, 21 February 2008
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.
 On 30 August 2010, The Haliburton Broadcasting Group Inc., Bell-Roc Communications Inc. and Muskoka-Parry Sound Broadcasting amalgamated under the name Haliburton Broadcasting Group Inc.
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