Broadcasting Decision CRTC 2010-735 PDF version Route reference: 2010-334 Ottawa, 5 October 2010 Blackburn Radio Inc. Sarnia, Wingham, Centreville, Chatham and Windsor, Ontario Applications 2010-0211-2, 2010-0214-6, 2010-0215-4, 2010-0218-8, 2010-0220-4, 2010-0263-3 and 2010-0264-1, received 11 February 2010 and 12 February 2010 Licence renewals The Commission renews the broadcasting licences for the English-language commercial radio stations CFGX-FM Sarnia, CHKS-FM Sarnia, CHOK Sarnia and its transmitter CHOK-FM-1 Sarnia, CKNX Wingham, CKNX-FM Wingham and its transmitter CKNX-FM-2 Centreville, CKUE-FM Chatham and its transmitter CKUE-FM-1 Windsor and CFCO Chatham and its transmitter CFCO-1-FM Chatham, 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. Introduction 1. The Commission received applications by Blackburn Radio Inc. (Blackburn) to renew the broadcasting licences for the English-language commercial radio programming undertakings CFGX-FM Sarnia, CHKS-FM Sarnia, CHOK Sarnia and its transmitter CHOK-FM-1 Sarnia, CKNX Wingham, CKNX-FM Wingham and its transmitter CKNX-FM-2 Centreville, CKUE-FM Chatham and its transmitter CKUE-FM-1 Windsor and CFCO Chatham and its transmitter CFCO-1-FM Chatham, which expire 30 November 2010.1 The Commission did not receive any interventions in connection with these applications. 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 2005-2006 and 2006-2007 broadcast years for all of the above-mentioned stations. Commission’s analysis and determinations 3. After examining the applications 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. 1 The licences were administratively renewed from 1 September 2010 to 30 November 2010 in Broadcasting Decision 2010-635. Provision of annual returns 4. Pursuant to 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 2005-2006 and 2006-2007 broadcast years, Blackburn’s annual returns for all of the aforementioned stations were filed after this 30 November deadline. 5. In a letter dated 29 March 2010, the licensee stated that it failed to provide its annual returns on time for the 2005-2006 and 2006-2007 broadcast years because its long term accountant retired in 2006 and was replaced by a new accountant who, due to inexperience, did not file the annual returns by the deadline. The licensee indicated that the accountant has since implemented procedures to ensure that the subsequent annual returns are filed on time. Conclusion 6. In light 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 the above-mentioned stations is appropriate. Accordingly, the Commission renews the broadcasting licences for the English-language commercial radio programming undertakings CFGX-FM Sarnia, CHKS-FM Sarnia, CHOK Sarnia and its transmitter CHOK-FM-1 Sarnia, CKNX Wingham, CKNX-FM Wingham and its transmitter CKNX-FM-2 Centreville, CKUE-FM Chatham and its transmitter CKUE-FM-1 Windsor and CFCO Chatham and its transmitter CFCO-1-FM Chatham, 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 its conditions of licence. The licences will be subject to the conditions set out in the appendices to this decision. Employment equity 7. Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Human Resources and Skills Development, its employment equity practices are not examined by the Commission. Secretary General Related documents • Administrative renewals, Broadcasting Decision CRTC 2010-635, 30 August 2010 • Notice of applications received, Broadcasting Notice of Consultation CRTC 2010-334, 1 June 2010 • Practices regarding radio non-compliance, Circular No. 444, 7 May 2001 * This decision and the relevant appendix are to be appended to each licence. Appendix 1 to Broadcasting Decision CRTC 2010-735 Conditions of licence for the commercial radio programming undertakings CFGX-FM and CHKS-FM Sarnia, CKNX Wingham and CKNX-FM Wingham and its transmitter CKNX-FM-2 Centreville 1. The licence shall be subject to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009. Appendix 2 to Broadcasting Decision CRTC 2010-735 Conditions of licence for the commercial radio programming undertakings CHOK Sarnia and its transmitter CHOK-FM-1 Sarnia, and CFCO Chatham and its transmitter CFCO-1-FM Chatham 1. The licence shall be subject to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009. 2. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations), in any broadcast week where at least 90% of musical selections from content category 2 that it broadcasts are selections released before 1 January 1981: • in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and • between 6 a.m. and 6 p.m., in the period beginning on Monday of that week and ending on Friday of the same broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety. The licensee shall specify, on the music lists it provides to the Commission, the year of release for all musical selections it broadcasts. For purposes of this condition, the terms "broadcast week", "content category" and "musical selection" shall have the meaning set out in section 2 of the Regulations. Appendix 3 to Broadcasting Decision CRTC 2010-735 Conditions of licence for the commercial radio programming undertaking CKUE-FM Chatham and its transmitter CKUE-FM-1 Windsor 1. The licence shall be subject to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009. 2. The licensee shall, during each broadcast week, devote a minimum of 1 hour and 30 minutes of programming to material from content subcategory 11 – News. 3. The licensee shall, during each broadcast week, devote a minimum of 5% of all programming to material from content category 1 – Spoken Word. 4. The licensee shall refrain from soliciting or accepting local advertising for broadcast during any broadcast week when less than 84 hours of the programming aired is local. The definition of local programming shall be as set out in Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006, as amended from time to time. 5. The licensee shall expend, by no later than 31 August 2011, the remaining $40,000 of its initial Canadian talent development commitment, which was imposed by condition of licence in CKUE-FM Chatham – New transmitter in Windsor, Broadcasting Decision CRTC 2003-603, 17 December 2003. The licensee shall also report the names of the third parties associated with Canadian content development (CCD), together with the amounts paid to each, concurrently with its annual return. The payments required under this condition of licence are over and above any outstanding commitments to CCD offered as benefits in an application to acquire ownership or control of the undertaking. .