jon wrote:I could have this wrong, but I thought that an LMA required CRTC approval before it happened. Isn't such a lease an LMA?
In fact, I'm not sure that anyone uses the term LMA anymore: Local Management Agreement.
Perhaps, but it's neither inked between the parties nor approved by the commission.
If Revenue Canada was to audit, Cam would be off the hook as far as McBride would be concerned. They could audit Cam for revenue, but there'd be no association to McBride.
Although the transmitter was putting out an un-modulated carrier when McBride was locked out of the station three years ago, the station technically went dark.
Cameron took it upon himself to build a new studio. McBride neither consented nor ordered him to cease and desist, after all he was thrown a lifeline. It's not that it will ultimately save him, but to cockblock new applications by suckering the CRTC into believing McBride was still in operation, albeit non-compliant.
It comes down to "effective control". The only rule either of them seem to have agreed upon was McBride having login capability to the main computer to give the appearance of it. Revenue grabbing is how they sort it out. The left hand has no idea what the right hand is doing. McBride doesn't answer calls, even Cameron's. Maybe one time, agreed to sell/buy it but no permission from the commission was obtained nor was cash thrown on the table. From there it's little more than he said, he said. Cameron is trying to appease the locals by that letter, which is more than McBride is doing, but it flies in the face of the rules.
Industry Canada is watching though. They're overseeing major upgrades to the infrastructure in Tofino and the Coast Guard facilities on Mt. Ozzard. Replacement of the CHMZ TX requires a technical amendment and a notification of compliance from the CRTC, or it ain't happening.
For the time being, what does the CRTC do? Nothing. They are merely biding their time until the next renewal hearing in 2109. Meanwhile, no one is being served, again.