CKLN-FM - Licence Revocation

Licence Revocation

Even before CKLN resumed scheduled programming in late September 2009, the CRTC expressed concerns over the station's inability to comply with licence requirements during the dispute, such as playing the aforementioned loop for several months in 2009, its failure to properly submit on-air logger tapes, program logs and complete annual financial returns since 2007, and that the CRTC licence for CKLN had been transferred to a third party without authorization.

In March 2010, the CRTC called CKLN to a hearing for May 12, 2010 in which the licensee was to "...show cause why the Commission should not take steps to suspend or revoke the broadcasting licence in question or why the Commission should not issue mandatory orders requiring the licensee to comply with the Regulations and its conditions of licence..." The hearing was postponed in part due to ongoing mediation efforts in the aforementioned Mary Young case. The CRTC made it clear soon after the postponement that CKLN would be called to a hearing by no later than the end of 2010. During this period, the CRTC required the station to file monthly progress reports on its efforts to improve its licensing compliance.

The CRTC called CKLN to a hearing that took place in Toronto over a two day period beginning December 8, 2010.

On January 28, 2011 the CRTC revoked the licence of CKLN-FM due to continual breaches of the Broadcast Act and violations to their conditions of licence, ordering them to cease broadcasting by February 12, 2011.

Calling the decision "premature, disproportionate and inequitable", CRTC Commissioner Louise Poirier issued a dissenting opinion stating that she was “firmly opposed” to the decision and that licence revocation “should not have been used as a first step for this station”; according to Poirier, "the Commission has never revoked a licence without first issuing a mandatory order or reducing the licence term." The decision was also opposed by the National Campus and Community Radio Association, which stated in a press release that the commission "could have taken other reasonable steps to ensure regulatory compliance while allowing CKLN to continue serving the community".

CKLN has stated that most of its regulatory failures were committed by former staff who were no longer with the station. CKLN appealed the decision to the Federal Court of Canada. On February 11, the station was granted a temporary stay, allowing it to remain on the air pending the Federal Court's decision on whether or not to grant the station leave to appeal the CRTC's order.

On April 15, 2011, the Federal Court of Appeal announced that it would not be hearing the appeal and said the station must cease broadcasting on 88.1 FM immediately. CKLN continued broadcasting and podcasting via the internet as its exclusive outlet from that point.

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