CKAV License Revocation: Updated (See Post #31) - Page 2 - Canadian TV, Computing and Home Theatre Forums
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post #16 of 37 (permalink) Old 2015-07-26, 12:44 PM Thread Starter
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^^^^ Thanks for the update.

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post #17 of 37 (permalink) Old 2015-07-26, 04:17 PM
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Calgary is definitely still broadcasting. Given it's a weekend, we'll just have to see what happens over the course of the week.

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post #18 of 37 (permalink) Old 2015-07-26, 09:42 PM
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The operators of an unlicensed station can be charged under criminal law. Don't know what is happening in the CKAV situation but I'd speculate that it may be some local renegade DJs.

Considering, what I consider to be, the relatively minor infractions by CKAV, I'd like to see CKAV fight the CRTC in federal court. The CRTC could be considered to be imposing onerous conditions on the CKAV license, especially for a volunteer operated station with limited resources. The CRTC is basically assuming that CKAV is guilty of operating outside guidelines until it proves itself innocent by submitting an unreasonable and costly amount of proof. As I said before, CRTC policies and guidelines are designed to favour big business and discriminate against non-profit or volunteer operated stations.
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post #19 of 37 (permalink) Old 2015-07-27, 12:43 AM
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Considering they've been telling the CRTC that they'll comply with the rules countless times, I'm sure fighting a legal battle won't really help them much.

They agreed to the terms when getting their license, and failed to meet the terms repeatedly. That's why they are being shut down. You don't agree to abide by the law, then break the law because you don't agree with it - that's not how to go about things.

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post #20 of 37 (permalink) Old 2015-07-27, 11:07 AM
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They agreed to the terms when getting their license, and failed to meet the terms repeatedly.
As I said before, a station operator must agree to the terms of forgo obtaining the license. In addition, these are not laws, they are regulations imposed by a regulating agency or bureaucracy. CKAV may not even be operating outside the law unless IC revokes their station assignment. All CKAV did was fail to meet some regulations imposed by an appointed government agency. Unless those regulations were passed into law, CKAV did nothing wrong except piss off a few bureaucrats.
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post #21 of 37 (permalink) Old 2015-07-27, 11:25 AM
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On air with no license

Not surprised.Where is CRTC enforcement

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post #22 of 37 (permalink) Old 2015-07-27, 11:28 AM
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Did you complain? Most regulatory enforcement is complaint-based.
There are two avenues:
1. Broadcasting a programming service without a valid broadcast license (or exemption from such license) from the CRTC - complain to the CRTC
2. Operation of a non-exempt radio communication undertaking without a valid Broadcasting Certificate from Industry Canada - complain to Industry Canada.

EDIT: and of course, this is moot in view of the stay granted pending the leave to appeal to the Federal Court

Last edited by tvlurker; 2015-07-27 at 12:36 PM.
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post #23 of 37 (permalink) Old 2015-07-27, 12:15 PM
 
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Not always the best source but I see a wikipedia entry that states that on the 23rd they were granted a stay by the Federal Court of Appeal of the CRTC order while they appeal it. So if true they can stay on the air.

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post #24 of 37 (permalink) Old 2015-07-27, 12:27 PM
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post #25 of 37 (permalink) Old 2015-07-27, 12:30 PM Thread Starter
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^^^^ Now this should be interesting a the Federal Court hasn't always sided with the broadcaster so I think this one's not over till it's over (at the FCoA).

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post #26 of 37 (permalink) Old 2015-07-27, 12:36 PM
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They can stay on the air at least until the leave to appeal has been heard and a decision rendered. (and until the actual appeal decision, if leave to appeal is granted.)

This applies to all the stations EXCEPT Ottawa, which, since it has not been broadcasting since October 2014, cannot claim irreparable harm from the loss of its license.

It does mean, that should AVR win their appeal, they would still have to compete in a competitive application process to get an Ottawa License back on the air.
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post #27 of 37 (permalink) Old 2015-07-27, 01:59 PM
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So with the appeal pending they can stay on air playing commercial free pop music with nothing aboriginal.

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post #28 of 37 (permalink) Old 2015-07-27, 02:37 PM
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Doesn't mean they'll win the appeal.

I agree, not a good way to make a case to continue holding a license.
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post #29 of 37 (permalink) Old 2015-08-01, 11:12 PM
 
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Edmonton station appears to be off the air...
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post #30 of 37 (permalink) Old 2015-08-02, 03:02 AM
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Same with Calgary. No carrier signal - just static
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