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Proactive Disclosure
Letter
Ottawa, 26 July 2012Mr Craig Ellis
Radio Operations Manager
Northern Native Broadcasting Ltd
4562 B Queensway Drive
Terrace, BC V8G 3A2
By email: cellis@classicrockcfnr.ca
Re: 2012-0090-7–transmitter addition for CFNR-FM Terrace
Dear Mr. Ellis,
This is in reference to your application for a technical amendment to the broadcasting licence for the analog radio programming undertaking CFNR-FM Terrace in order to add a new FM transmitter at Prince George, BC.
Non-Compliance
1. The Commission has audited the licensee’s compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations) and our records indicate the following:
• the annual returns for the 2007-2008, 2008-2009, 2009-2010 and 2010-2011 broadcast years were not filed with the Commission; and
• letters dated 22 January and 28 September of 2010, and 29 April 2011 were sent to CFNR-FM to remind the licensee to submit its annual return as well as advising of a possible breach to section 9 (2) of the Regulations.
In light of the above, it would appear that CFNR-FM may have failed to comply with section 9(2) of the Regulations relating to the submission of its annual returns for the 2007-2008, 2008-2009, 2009-2010 and 2010-2011 broadcast years.
In Broadcasting Information Bulletin CRTC 2011-347, the Commission set out a revised approach to non-compliance and indicated that "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."
a. Please explain, based on the foregoing, the circumstances of this apparent non-compliance.
b. What measures have been put in place to ensure future compliance at all times?
c. Please provide your plans so as to ensure compliance with regards to the submission of your annual reports.
d. Please comment on the possibility of the Commission denying the present application based on these instances of apparent non-compliance.
The information requested herein should be received by the Commission no later than 31 July 2012, failing which, your application may be returned to be completed and resubmitted with the Commission should you wish to pursue this proposal.
Considering the above request, the timetable for the proceeding is changed as follows:
Notice |
Subject |
Posted Date |
Deadlines |
Related Documents |
Part 1 |
Northern Native broadcasting Limited
CFNR-FM Terrace, BC 2012-0090-7 |
3 February 2012
|
5 March 2012
10 August 2012 |
|
A copy of this letter and all related correspondence will be added to the public record of the proceeding.
You are reminded that applicants are required to file their applications, related documents and related correspondence electronically using Access Key.
Should you need further information concerning your application, please do not hesitate to contact me by telephone at (819) 997-4641 or by fax at 819-994-0218.
Yours sincerely,
Lyliane Tchatchoua-Dongué
CRTC Radio Analyst
Broadcasting - Radio
