ARCHIVED - Broadcasting Decision CRTC 2014-416

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Route reference: 2014-143

Ottawa, 7 August 2014

CFMB Limited
Montréal, Quebec

Application 2013-1403-8, received 24 October 2013

CFMB Montréal – Licence renewal and amendment

The Commission renews the broadcasting licence for the ethnic commercial AM radio station CFMB Montréal, Quebec, from 1 September 2014 to 31 August 2021.

The Commission approves the licensee’s request to amend the condition of licence relating to the number of cultural groups served and the number of languages broadcast.

Introduction

1. CFMB Limited filed an application to renew the broadcasting licence for the ethnic commercial AM radio station CFMB Montréal, Québec, which expires 31 August 2014. The applicant also requested an amendment to the condition of licence relating to the number of cultural groups served and the number of languages broadcast. The Commission did not receive any interventions in connection with this application.

Non-compliance

2. In Broadcasting Notice of Consultation 2014-143, the Commission stated that the licensee was in apparent non-compliance with section 15(5)(a) of the Radio Regulations, 1986 (the Regulations) regarding the allocation of 15% of basic annual Canadian content development (CCD) contributions to the Community Radio Fund of Canada (CRFC) for the 2011-2012 and 2012-2013 broadcast years.
3. The licensee explained that it misunderstood when the amendments to the Regulations would come into force. It has since paid the shortfall to the CRFC and is now aware of its obligations. To ensure future compliance with the Regulations, the licensee has updated its accounting procedures and added the CRFC to its fund allocation schedule.
4. In light of the above, the Commission finds CFMB Limited in non-compliance with section 15(5)(a) of the Regulations regarding the allocation of basic annual CCD contributions to the CRFC.

Regulatory measures

5. In Broadcasting Information Bulletin 2011-347, the Commission announced a revised approach to non-compliance by radio stations. Specifically, the Commission indicated that each instance of non-compliance would be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commission also indicated that it would consider the circumstances of the non-compliance, the arguments provided by the licensee and the measures taken to rectify the situation.
6. The Commission notes that the licensee took immediate action to rectify the problem and pay the shortfalls. The Commission is satisfied with the licensee’s explanations and the measures it has put in place to address the situation of non-compliance and to ensure compliance in the future. Further, the licensee was in compliance in the previous licence term. The Commission therefore considers it appropriate to grant a full-term licence renewal to this station.

Licence amendment

7. The licensee requested the flexibility to be able to reduce the number of cultural groups it serves and the number of languages in which it broadcasts. Specifically, the licensee requested that the numbers be reduced from 19 cultural groups and 18 languages to 16 cultural groups and 16 languages.
8. In the Commission’s view, the request would represent only a slight decrease in the number of groups served and languages broadcast by the station. The licensee would maintain a fairly high level of diversity of languages and cultural groups and would continue to meet the broad service requirements of the Ethnic broadcasting policy as set out in Public Notice 1999-117. In addition, the Commission considers that the ethnic communities in the Montréal radio market are well served by the six ethnic stations and notes that two additional ethnic stations have been approved by the Commission but have not yet launched.
9. Accordingly, the Commission approves the licensee’s request to reduce the number of cultural groups it serves and the number of languages in which it broadcasts to 16 in both instances.

Conclusion

10. In light of all the above, the Commission renews the broadcasting licence for the ethnic commercial AM radio programming undertaking CFMB Montréal from 1 September 2014 to 31 August 2021. The licensee shall adhere to the conditions set out in Broadcasting Regulatory Policy 2009-62, as amended from time to time, with the exception of condition of licence 7, and shall also adhere to the following condition of licence:
    • The licensee shall provide programming directed to a minimum of 16 cultural groups in a minimum of 16 different languages.

Reminder

11. Pursuant to section 22 of the Broadcasting Act, the broadcasting licence renewed in this decision will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.

Employment equity

12. 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.

Secretary General

Related documents

• Notice of applications received, Broadcasting Notice of Consultation CRTC 2014-143, 26 March 2014
• Revised approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2011-347, 26 May 2011
• Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009
• Ethnic broadcasting policy, Public Notice CRTC 1999-117, 16 July 1999
• Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992

*This decision is to be appended to the licence.

Date modified:

2014-08-07