Mix FM (Ottawa)
Encyclopedia
Mix FM was an unlicensed
radio station
in Ottawa
, Ontario
, Canada
. The station broadcast as a pirate radio station on several frequencies, most notably on 91.9 FM. The station was "forced off the air" soon after midnight on December 14, 2009. However the station later signed back on the air 10 days later. The broadcast of Mix FM was forcibly shut down by Industry Canada
on January 15, 2010, although the station continued for a short time to operate a podcast stream online. The operator of the station was subsequently found guilty of violating the Radiocommunication Act.
/restaurant
/strip club
, owned by the operator's father, in South Gloucester
. The station used to broadcast 24 hours a day, with songs selected by computer when not operated manually.
All of the station's equipment was set up by a teenager who claimed it was done without the knowledge of his father. To cover the $80,000 cost to setup the equipment, the teenager chose to use an inheritance. According to the operator, Mix FM could be heard 60 kilometers away.
warned the station that its broadcasts were illegal since they had not applied for a radio operators license. Industry Canada further encouraged the teen to operate a web stream or podcast. The station voluntarily ceased operation but reportedly "simply waited a few hours and started broadcasting again" the following day.
Industry Canada reported that if the station continued operating without proper authority, it could consider taking "enforcement measures." However, Industry Canada spokesperson Michel Cimpaye said that "the Department is not in a position at this time to comment on the next steps or potential outcomes."
Interference with CBO-FM
was subsequently demonstrated in a CBOT
news report, demonstrating how Mix FM was causing second-adjacent-channel interference
with the 91.5 FM frequency.
stating that it was evaluating its options and no course of action in regards to the operation of an unauthorized broadcast had been decided. On January 15, 2010 at 9:00 am, with a judge-appointed order and with the help of the Royal Canadian Mounted Police
, Industry Canada took action to shut down the broadcast of Mix FM by executing a search warrant
. Police cut power to the hotel at 11:52 a.m. and 91.9 went silent. At 12:07 p.m., it turned to static. As the equipment was being seized, the teenager uttered a death threat
to an Industry Canada employee.
The teenager made a statement to the Ottawa Citizen in which he stated that "[he] will be back on [the air]" as soon as he could replace the seized equipment. In an interview with the Cornwall Free News, he expected that there would be a hearing within 90 days to have his equipment returned.
Further, he "admitted to ordering another transmitter, tower, and equipment," although there are conflicting reports as to whether it is a 3,000 watt or a 4,000 watt transmitter with a mono signal. After the shutdown of the broadcast station, Mix FM shifted back to podcasting. In the first podcast, he claimed that Industry Canada did not seize a working homemade 30-watt transmitter which was unlabeled.
for the charge of violating the Radiocommunication Act
. Further, he faced four charges of criminal harassment and three counts of uttering threats
against disc jockey Ryan Lindsay of 89.9 CIHT-FM
, John Milkie of 93.9 CKKL-FM
and his industry website Milkman Unlimited, and Industry Canada
employee Mylene Quesnel, and was also charged with assaulting a police officer
and obstruction of justice
. The youth was represented by Lawrence Greenspon
.
At trial, Lindsay testified that he had received threats on January 15, 2010 after playing the same songs as Mix FM had. Ms. Quesnel testified that the teenager had been screaming angrily when Industry Canada forcefully shutdown the station. An unidentified employee of CFRA was also threatened.
The teenager admitted that, after calling Lindsay fifty times over the course of four months, the teenager then said he would kill Lindsay. In court, the teenager said he hadn't been serious, even though he had shown up at the station 30 minutes later, driven there by his father. The teenager also admitted to telling a police officer that the Industry Canada
investigator would be "better off dead". He denied posting a video asking if he should "shoot" Mielke for reporting allegedly suicidal online messages to police; the teen said he had used the word "sue" rather than "shoot", and that the police accusing him of using "shoot" was the reason that he was so angry that police handcuffed him to a paramedic backboard to get him to the hospital.
Judge
Donald Ebbs ruled on April 7, 2011 that the teenager was guilty on three counts of uttering threats and two counts of criminal harassment, as well as the Radiocommunication Act charge. The boy was acquitted of two counts of criminally harassing Ryan Lindsay because Lindsay was never afraid of him. He was also acquitted of assaulting an Ottawa Police Officer
and obstructing an RCMP
officer. Sentencing
for the youth was scheduled for June 24, 2011, however was delayed until September 1, 2011. At sentencing, the youth was given a conditional discharge, 15 months of probation and 60 hours of community service.
Unlicensed broadcasting
Unlicensed broadcasting is a term used for any type of broadcasting without a broadcast license:* Low-power broadcasting, legal but sometimes unlicensed broadcasting...
radio station
Radio station
Radio broadcasting is a one-way wireless transmission over radio waves intended to reach a wide audience. Stations can be linked in radio networks to broadcast a common radio format, either in broadcast syndication or simulcast or both...
in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. The station broadcast as a pirate radio station on several frequencies, most notably on 91.9 FM. The station was "forced off the air" soon after midnight on December 14, 2009. However the station later signed back on the air 10 days later. The broadcast of Mix FM was forcibly shut down by Industry Canada
Industry Canada
Industry Canada is the department of the Government of Canada with responsibility for regional economic development, investment, and innovation/research and development. The department employs 6104 FTEs across Canada....
on January 15, 2010, although the station continued for a short time to operate a podcast stream online. The operator of the station was subsequently found guilty of violating the Radiocommunication Act.
Station facility
The radio studio was located at a hotelHotel
A hotel is an establishment that provides paid lodging on a short-term basis. The provision of basic accommodation, in times past, consisting only of a room with a bed, a cupboard, a small table and a washstand has largely been replaced by rooms with modern facilities, including en-suite bathrooms...
/restaurant
Restaurant
A restaurant is an establishment which prepares and serves food and drink to customers in return for money. Meals are generally served and eaten on premises, but many restaurants also offer take-out and food delivery services...
/strip club
Strip club
A strip club is an adult entertainment venue in which striptease or other erotic or exotic dance is regularly performed. Strip clubs typically adopt a nightclub or bar style, but can also adopt a theatre or cabaret-style....
, owned by the operator's father, in South Gloucester
Gloucester, Ontario
Gloucester is a suburb of and within the City of Ottawa. Gloucester Township was established in 1792 and originally included lands east of the Rideau River from the Ottawa River south to Manotick. It was incorporated as a township in 1850 and became a city in 1981...
. The station used to broadcast 24 hours a day, with songs selected by computer when not operated manually.
All of the station's equipment was set up by a teenager who claimed it was done without the knowledge of his father. To cover the $80,000 cost to setup the equipment, the teenager chose to use an inheritance. According to the operator, Mix FM could be heard 60 kilometers away.
First cease and desist
Being an unlicensed broadcast undertaking, Mix FM was an illegal pirate radio station. Industry CanadaIndustry Canada
Industry Canada is the department of the Government of Canada with responsibility for regional economic development, investment, and innovation/research and development. The department employs 6104 FTEs across Canada....
warned the station that its broadcasts were illegal since they had not applied for a radio operators license. Industry Canada further encouraged the teen to operate a web stream or podcast. The station voluntarily ceased operation but reportedly "simply waited a few hours and started broadcasting again" the following day.
Industry Canada reported that if the station continued operating without proper authority, it could consider taking "enforcement measures." However, Industry Canada spokesperson Michel Cimpaye said that "the Department is not in a position at this time to comment on the next steps or potential outcomes."
Interference
Interference with CBO-FM
CBO-FM
CBO-FM is a Canadian radio station. It is the CBC Radio One station in Ottawa, airing at 91.5 FM, and serves much of Eastern Ontario through a network of relay transmitters.-History:...
was subsequently demonstrated in a CBOT
CBOT (TV)
CBOT-DT is a Canadian Broadcasting Corporation television station in Ottawa, Ontario. The station's studios are located in the CBC Ottawa Broadcast Centre.-History:...
news report, demonstrating how Mix FM was causing second-adjacent-channel interference
Adjacent-channel interference
Adjacent-channel interference is interference caused by extraneous power from a signal in an adjacent channel. ACI may be caused by inadequate filtering , improper tuning or poor frequency control .ACI is distinguished from crosstalk.Broadcast...
with the 91.5 FM frequency.
Second cease and desist
On December 10, 2009, Mix FM was served with a second cease and desist letter by Industry Canada asking for the immediate shutdown of the broadcast. Two Capital Region radio stations sent engineers to test Mix FM's radio tower, for emitted radiation and filed complaints with Industry Canada after determining the tower was "running hot".Changing channel frequency
The station operated over an array of frequencies, including 92.7, 99.9, 106.5 and 107.7 FM before settling on the 91.9 frequency.Non-payment
American voice-over talent company Voice123.com claims that Mix FM had set up auditions for the station and used the voice-overs without paying the actors. It is believed that the website is questioning whether they can file legal actions against the teenager.First shutdown of broadcast
On December 14, 2009, Mix FM was shut down and the operator issued an apology on his website.Relaunch of station
Mix FM had announced on-air that the station anticipated to be licensed by Industry Canada within two weeks of the shutdown of its broadcast. After turning off their FM broadcast, Mix FM began to podcast broadcasts and provided a video tour of their facilities. After 10 days of having its broadcast off-air, Mix FM once again began broadcasting on 91.9 FM on December 24, 2009.Second shutdown of broadcast
On January 7, 2010 Industry Canada issued a statement to the Ottawa CitizenOttawa Citizen
The Ottawa Citizen is an English-language daily newspaper owned by Postmedia Network in Ottawa, Canada. According to the Canadian Newspaper Association, the paper had a 2008 weekly circulation of 900,197.- History :...
stating that it was evaluating its options and no course of action in regards to the operation of an unauthorized broadcast had been decided. On January 15, 2010 at 9:00 am, with a judge-appointed order and with the help of the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
, Industry Canada took action to shut down the broadcast of Mix FM by executing a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
. Police cut power to the hotel at 11:52 a.m. and 91.9 went silent. At 12:07 p.m., it turned to static. As the equipment was being seized, the teenager uttered a death threat
Death threat
A death threat is a threat of death, often made anonymously, by one person or a group of people to kill another person or groups of people. These threats are usually designed to intimidate victims in order to manipulate their behavior, thus a death threat is a form of coercion...
to an Industry Canada employee.
The teenager made a statement to the Ottawa Citizen in which he stated that "[he] will be back on [the air]" as soon as he could replace the seized equipment. In an interview with the Cornwall Free News, he expected that there would be a hearing within 90 days to have his equipment returned.
Further, he "admitted to ordering another transmitter, tower, and equipment," although there are conflicting reports as to whether it is a 3,000 watt or a 4,000 watt transmitter with a mono signal. After the shutdown of the broadcast station, Mix FM shifted back to podcasting. In the first podcast, he claimed that Industry Canada did not seize a working homemade 30-watt transmitter which was unlabeled.
Criminal trial and Verdict
On March 31, 2011, the operator of the pirate radio station appeared in court as a young offenderYoung offender
A young offender is a young person who has been convicted or cautioned for a criminal offence. Criminal justice systems often deal with young offenders differently from adult offenders, but different countries apply the term 'young offender' to different age groups depending on the age of criminal...
for the charge of violating the Radiocommunication Act
Radiocommunication Act
The Radiocommunication Act is an Act of Parliament respecting radiocommunication in Canada.-External links:*...
. Further, he faced four charges of criminal harassment and three counts of uttering threats
Death threat
A death threat is a threat of death, often made anonymously, by one person or a group of people to kill another person or groups of people. These threats are usually designed to intimidate victims in order to manipulate their behavior, thus a death threat is a form of coercion...
against disc jockey Ryan Lindsay of 89.9 CIHT-FM
CIHT-FM
CIHT-FM is a Canadian radio station, which broadcasts a CHR format at 89.9 on the FM dial in Ottawa, Ontario under the branding Hot 89.9 The station is owned and operated by Newcap Broadcasting....
, John Milkie of 93.9 CKKL-FM
CKKL-FM
CKKL-FM is a Canadian radio station, which airs at 93.9 on the FM dial in Ottawa. The station uses the on-air brand name Bob FM.Frank Ryan originally launched the station in 1947 as CFRA-FM, simulcasting the programming of its AM sister station. In 1959, the station began airing some separate...
and his industry website Milkman Unlimited, and Industry Canada
Industry Canada
Industry Canada is the department of the Government of Canada with responsibility for regional economic development, investment, and innovation/research and development. The department employs 6104 FTEs across Canada....
employee Mylene Quesnel, and was also charged with assaulting a police officer
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
and obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
. The youth was represented by Lawrence Greenspon
Lawrence Greenspon
Lawrence Greenspon is an Ottawa-based lawyer who is the defense lawyer in the Momin Khawaja terrorist trial.Greenspon was born and raised in Montreal and became a civil libertarian before commencing his legal work....
.
At trial, Lindsay testified that he had received threats on January 15, 2010 after playing the same songs as Mix FM had. Ms. Quesnel testified that the teenager had been screaming angrily when Industry Canada forcefully shutdown the station. An unidentified employee of CFRA was also threatened.
The teenager admitted that, after calling Lindsay fifty times over the course of four months, the teenager then said he would kill Lindsay. In court, the teenager said he hadn't been serious, even though he had shown up at the station 30 minutes later, driven there by his father. The teenager also admitted to telling a police officer that the Industry Canada
Industry Canada
Industry Canada is the department of the Government of Canada with responsibility for regional economic development, investment, and innovation/research and development. The department employs 6104 FTEs across Canada....
investigator would be "better off dead". He denied posting a video asking if he should "shoot" Mielke for reporting allegedly suicidal online messages to police; the teen said he had used the word "sue" rather than "shoot", and that the police accusing him of using "shoot" was the reason that he was so angry that police handcuffed him to a paramedic backboard to get him to the hospital.
Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Donald Ebbs ruled on April 7, 2011 that the teenager was guilty on three counts of uttering threats and two counts of criminal harassment, as well as the Radiocommunication Act charge. The boy was acquitted of two counts of criminally harassing Ryan Lindsay because Lindsay was never afraid of him. He was also acquitted of assaulting an Ottawa Police Officer
Ottawa Police Service
The Ottawa Police Service serves the City of Ottawa, Ontario, Canada.-History:The OPS roots come from the formation of the "Bytown Association" in 1847. In 1855 Roderick Ross was the first Chief Constable for the newly formed City of Ottawa...
and obstructing an RCMP
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
officer. Sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
for the youth was scheduled for June 24, 2011, however was delayed until September 1, 2011. At sentencing, the youth was given a conditional discharge, 15 months of probation and 60 hours of community service.