Canadian Radio-television and Telecommunications Commission
Symbol of the Government of Canada

Broadcasting Notice of Consultation CRTC 2013-318

PDF version

Ottawa, 2 July 2013

Notice of applications received

Various locations
Renewal of the broadcasting licences for certain campus and community radio stations – Licensees in apparent non-compliance

Deadline for submission of interventions/comments/answers: 6 August 2013

[Submit an intervention/comment/answer or view related documents]

The Commission announces that it has received applications to renew the broadcasting licences for certain campus and community radio stations, which expire 31 August 2013.

The licensees propose to operate their undertakings under the same terms and conditions as those in effect under the current licences. In addition, the licensees will be required to adhere to the conditions set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012.

In each case, the Commission has examined the licensee’s compliance with the requirements relating to the filing of annual returns set out in section 9(2) of the Radio Regulations, 1986 (the Regulations). Based on this examination, the licensees listed below appear to be in non-compliance with section 9(2) of the Regulations during the current licence term, for the broadcast years listed below.

The Commission intends to consider the renewal of these broadcasting licences, subject to interventions, according to the approach set out in Revised approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2011-347, 26 May 2011.

Campus radio stations

Licensee and address
Email to request electronic version of application
Application, call sign/location Broadcast years of apparent non-compliance Licensee’s explanation for the apparent non-compliance
Education Alternative Radio Society
3333 University Way
Prince George, British Columbia
V2N 4Z9
Email: fhayes@cfur.ca
2013-0092-0
CFUR-FM Prince George, British Columbia
2010-2011 The station manager stated that he was not a staff member at the time the non-compliance occurred and therefore cannot explain what happened. He believed, however, that the lack of financial and human resources was a contributing factor.
Radio CFXU Club
11 West Street
Antigonish, Nova Scotia
B2G 2W5
Email: cfxu@stfx.ca
Website: www.radiocfxu.ca
2013-0172-0
CFXU-FM Antigonish, Nova Scotia
2010-2011 The licensee explained that 2010-2011 was the last of a series of troubled years for CFXU-FM. As a campus station, it experiences high levels of turnover. It stated that 2009-2010 and 2010-2011 saw two entire staffs come and go with no link between them.  Therefore, an incredible amount of unwritten knowledge was lost and the station has only recently been able to recover from this tumultuous time. 

Community radio stations

Licensee and address
Email to request electronic version of application
Application, call sign/location Broadcast years of apparent non-compliance Licensee’s explanation for the apparent non-compliance
O.K. Creek Radio Station Inc.
P.O. Box 759
Balcarres, Saskatchewan
S0G 0C0
Fax: 306-334-2545
Email: r.stonechild@gmail.com
2013-0110-1
CHXL-FM Okanese First Nation, Saskatchewan
2010-2011 The station manager explained that he had just been appointed acting manager and had no experience with the CRTC annual return reporting process. He had difficulties navigating around the website as well as with the submission process. He had completed the return on time and believed that he had submitted it only to find out later that it had not been processed.
Radio communautaire de Windsor et région inc.
49 6th Avenue
Windsor, Quebec
J1S 1T2
Fax: 819-845-2692
Email: unitewindsor@qc.aira.com
Website: www.ciaxfm.net
2013-0230-7
CIAX-FM Windsor, Quebec
2010-2011 and 2011-2012 According to the licensee, the circumstances of the apparent non-compliances are related to the complexity of coordinating the data from the financial reports which are produced annually by CIAX-FM with the financial elements that are required for the annual returns to be submitted to the CRTC. Since the undertaking’s fiscal year does not match that of the CRTC, the licensee must manually compile the data. Further, the licensee emphasized that the budgetary positions included in the actual financial statements do not correspond with those included in the annual returns required by the CRTC.
Radio Matagami
195 Matagami Boulevard
Matagami, Quebec
Fax: 819-739-6003
J0Y 2A0
Email: chef99fm@lino.com
Website: www.chef99.ca
2013-0197-8
CHEF-FM Matagami, Quebec
2010-2011 and 2011-2012 The licensee indicated that the undertaking suffered serious difficulties with its accounting services. On two occasions, it changed auditors and the person in charge of accounting for the station. As a result, it was necessary to completely re-do the station’s accounting for the last two years.
Radio MirAcadie inc.
300 Beaverbrook Road
Miramichi, New Brunswick
E1V 1A1
Fax: 506-627-4592
Email: ckma@ckma.ca
Website: www.ckma.ca
2013-0194-4
CKMA-FM Miramichi City, New Brunswick and its transmitter CKMA-FM-1 Neguac
2011-2012 The licensee does not understand why the CRTC does not have a copy of its financial statements for 2011-2012 as it is certain that they were submitted in December 2012.
Société Radio Taïga
P.O. Box 456
Yellowknife, Northwest Territories
X1A 2N4
Email: societeradiotaiga@gmail.com
2013-0215-8
CIVR-FM Yellowknife, Northwest Territories
2010-2011 According to the licensee, there are no financial statements for 2010-2011 since Société Radio Taïga was not active at that time. The licensee stated that it only started the management of the station as of 1 April 2011.
WhiStle Community Radio
P.O. Box 59
6379 Main Street
Stouffville, Ontario
L4A 1K3
Email: Hmoorshead@rogers.com
2013-0027-7
CIWS-FM Whitchurch-Stoufville, Ontario
2007-2008,
2008-2009,
2009-2010 and
2010-2011
The licensee explained that the annual returns that were not filed were for a period before the current management.  Until January 2010, the station was operated without a Financial Director and record keeping was limited.

Procedure

Deadline for interventions/comments/answers

6 August 2013

The new Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277 (the Rules of Procedure), set out, among other things, the rules for content, format, filing and service of interventions, the procedure for filing confidential information and requesting its disclosure, and the conduct of public hearings. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and its accompanying documents, which can be found on the Commission’s website under “CRTC Rules of Practice and Procedure.”

An intervention or answer from a respondent must be received by the Commission and by the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

In accordance with the Rules of Procedure, a document must be filed with, not merely sent to, the Commission by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. The Commission takes no responsibility for postal delays and will not notify a party whose submission is received after the deadline date. Late submissions will not be considered by the Commission and will not be made part of the public file.

Interventions and answers from respondents will be considered by the Commission and will form part of the public record of the proceeding without further notification to parties, provided the procedures set out in the Rules of Procedure and this notice have been followed. Parties will be contacted only if their submissions raise procedural questions.

Submissions must be filed by sending them to the Secretary General of the Commission by only one of the following means:

by using the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents, as it may be difficult to establish that service has occurred.

Parties must ensure that, before initiating service through electronic mode, they will be able to satisfy the Commission, upon request, that service was completed. The sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed.

Submissions longer than five pages should include a summary.

Each paragraph of the submission should be numbered. In addition, where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been altered during electronic transmission.

Interventions and answers should clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, facsimile, e-mail or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, e-mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

The Commission encourages parties and interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Examination of documents

An electronic version of the applications is available on the Commission’s website by selecting the application number within this notice. It is also available from the licensees, either on their websites or upon request by contacting the licensees at their email addresses, provided above.

A list of all interventions and answers will also be available on the Commission’s website. The list is accessible by selecting “View all proceedings open for comment” from the “Public Proceedings” section of the Commission’s website and by clicking on the “Interventions/Answers” link associated with this notice.

Documents are also available during normal office hours at the Commission offices and documentation centres directly involved with these applications, or, upon request, within two (2) working days, at any other Commission offices and documentation centres.

Location of Commission offices

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage, Room 206
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional offices

Nova Scotia

Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

Quebec

205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel.: 514-283-6607

Ontario

55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096

Manitoba

360 Main Street
Suite 970
Winnipeg, Manitoba
R3C 3Z3
Tel.: 204-983-6306
Fax: 204-983-6317

Saskatchewan

2220 – 12th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422

Alberta

100 – 4th Avenue South-West
Suite 403
Calgary, Alberta
T2P 3N2
Tel.: 403-292-6660
Fax: 403-292-6686

British Columbia

858 Beatty Street
Suite 290
Vancouver, British Columbia
V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General