Gatineau, Quebec
October 15, 2014
Tom Pentefountas, Vice-Chairman Broadcasting
Canadian Radio-television and Telecommunications Commission
Check against delivery
Good morning and welcome to this public hearing.
A radio station has been called to appear at this hearing because it appears that it is operating in Canada without a broadcasting licence.
The CRTC and the Broadcasting Act
The CRTC is responsible for overseeing all aspects of broadcasting in Canada and achieving the objectives set out in the Broadcasting Act. Among other things, the Actstates that the Canadian broadcasting system should “serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada.”
The Act applies to anyone who operates a radio station, a television station, or any other broadcasting undertaking in whole or in part in Canada. This means that operators must obtain a licence from the CRTC, unless they are specifically exempted from this requirement, before launching their service.
Operating without a licence is one of the most serious offences under the Act.
Cross-border stations
At this hearing, the CRTC will examine whether Radio India Ltd. is operating without a licence. Although based in Surrey, British Columbia, it appears that it has arrangements to transmit its radio programming into lower mainland British Columbia from FM stations in Washington State.
The Commission intends to inquire into, hear and determine whether Radio India is carrying on a broadcasting service in whole or in part in Canada without a licence. Given the severity of this matter, the company will also be asked to show cause why a mandatory order requiring them to cease and desist and to operate at all times in compliance with the Broadcasting Act should not be issued.
I want to emphasize that this company is not before us today because of its programming. Rather, it is here because it does not have a Canadian broadcasting licence.
Radio Punjab and Sher-E-Punjab Radio
The CRTC had also called two other radio stations, Radio Punjab Ltd. and Sher-E-Punjab Radio Broadcasting Inc, to this hearing for the same reason. As noted in amendments to the initial Notice of Consultation - issued on October 10 and 14, 2014 respectively - Radio Punjab and Sher-E-Punjab Radio Broadcasting Inc have signed Consent Agreements with the Commission regarding these matters. They will therefore be treated as non-appearing items at this hearing.
Process
Finally, I would like to provide a few introductions.
The panel for this hearing consists of:
- Peter Menzies, Vice-Chairman of Telecommunications
- Stephen Simpson, Regional Commissioner for British Columbia and the Yukon
- and myself, Tom Pentefountas, Vice-Chairman of Broadcasting. I will be presiding over this hearing.
The Commission team assisting us includes:
- Cathy Allison, Hearing Manager
- Shari Fisher, Legal Counsel, and
- Cindy Ventura, Hearing Secretary.
We will begin by hearing from Radio India. Then we will hear from interveners who requested to appear at this hearing. After that, we will hear any reply comments that representatives from Radio India would like to make.
Before we begin, I would ask our Legal Counsel, Shari Fisher, to explain what is meant by a mandatory order, what it entails and its implications.
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