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Decision
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Ottawa, 17 September 1987
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Decision CRTC 87-756
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Coaticook FM Inc.
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Coaticook, Quebec - 870420700
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Following a Public Hearing in Montreal on 12 May 1987, and for the reasons set out below, the Commission denies the application to renew the broadcasting licence for CFIN-FM Coaticook, which expires 30 September 1987.
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The Commission authorized the licensee to operate a French-language radio station at Coaticook in Decision CRTC 82-998 dated 3 November 1982, noting that the applicant proposed to operate a modest local commercial radio service with a country music format which would provide a real alternative to the radio services available in the region. The Commission also noted that the applicant contemplated significant local and regional involvement in the proposed station and that the proposal had received the support of various organizations in the area.
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However, the Commission considered the human and material resources at the applicant's disposal to be limited with respect to some of its commitments, in particular, the proposed levels of 60% combined foreground/mosaic programming and 65% Canadian content in music, and it reminded the applicant of the possibility of obtaining authorization to amend its Promise of Performance. It concluded as follows:
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Furthermore, the Commission expects the applicant to surrender its licence if it is not able to operate the station as proposed during the current term of the licence.
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The first application to renew CFlN-FM's licence was considered at a public hearing in Montreal on 18 March 1986. In Decision CRTC 86-595 dated 20 June 1986, the Commission renewed the licence for only one year. Following its analysis of the programming of 4 to 11 November 1985, it had noted serious deficiencies in the levels of foreground programming and French-language vocal music. The level of foreground programming was only 6.6%, despite the licensee's minimum commitment of 12%. The licensee acknowledged this deficiency in its programming self-assessment for the same week. Furthermore, most of the foreground programming consisted of rebroadcasts of hockey games.
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In terms of music, the analysis revealed an excessive level of English-language vocal selections of 90.7% and only 9.3% in French, although the licensee was commited to a minimum level of 65% for French-language vocal music. The Commission also noted the unauthorized broadcasting of English and bilingual spoken word programming.
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Following its examination, the Commission concluded that the licensee had failed to adhere to its conditions of licence, in particular, that requiring substantial compliance with the commitments made in its Promise of Performance, and with the FM policy and regulations. At the same time, the Commission denied the Promise of Performance amendments proposed by the licensee whereby it would provide a bilingual service and reduce the level of French-language vocal music from 65% to 34%, but authorized the licensee, by condition of licence, to broadcast a minimum of 55% of this type of music. The Commission also required the licensee to adhere strictly to its minimum foreground commitment of l2% and to ensure that sports rebroadcasts not constitute more than 50% of foreground programming on a weekly basis.
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After indicating its intention to conduct further analyses of CFIN-FM's programming to determine whether the station was meeting its commitments, the Commission concluded as follows:
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The Commission views with grave concern the licensee's failure to adhere to its commitments and regulatory requirements and requires that, from now on, the licensee must abide by its Promise of Performance at all times. Any failure by the licensee to remain in full compliance with the terms of this decision, its conditions of license including the commitments contained in its Promise of Performance, as well as with Commission policies and regulations, will compromise the next renewal of its licence.
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In CRTC Notice of Public Hearing 1987-29 dated 16 March 1987, regarding the hearing of 12 May 1987, the Commission indicated that it intended to review with the licensee the concerns mentioned in Decision CRTC 86-595 and to discuss the reasons why its licence should be renewed. In addition, the Commission indicated that it would discuss the licensee's apparent non-compliance with subsections 8(5) and (6) of the Radio Regulations, 1986 (the regulations) following its failure to submit logger tapes for various broadcast periods during the week of 10 to 16 November 1986.
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The Commission conducted an analysis of CFIN-FM's programming for the week of 10 to 16 November 1986 which revealed that the licensee had still not managed to resolve its problems of non-compliance in the same areas identified the year before. The level of foreground programming was only 8.4% and rebroadcasts of hockey games still comprised over 80%. The level of French-language vocal music was 38.4% and had still not reached the minimum level of 55% required by condition of licence. The Commission also noted that the unauthorized broadcast of English-language spoken word programming continued.
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In its self-assessment for the same week in November 1986, the licensee confirmed its non-compliance in terms of French-language vocal music and English-language spoken word programming. In addition, at the May 1987 hearing, it indicated that it had broadcast 8 hours 15 minutes per week of foreground programming, that is, a level of only 6.5%, despite the requirement to adhere strictly to its commitment of 12%. The licensee also indicated a level of 40% French-language vocal music, instead of the 55% minimum level required, and confirmed that the weather, time checks and station identification were broadcast in English. The Commission notes further that the station has no reporters and that, according to the licensee, news bulletins are based mainly on newspaper reports.
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At the hearing, the licensee referred to its plans to broadcast ll hours 30 minutes per week of foreground programming, excluding hockey games, and thereby to achieve the 9% minimum level set out in its new Promise of Performance. It also indicated its intention to increase the level of French-language vocal music gradually but stated that it would have difficulty broadcasting more than 40%. It further proposed to increase its English-language programming to 10%. The licensee attributed its failure to provide logger tapes, as required by the regulations, to a technical deficiency which it said had since been corrected.
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In view of the financial difficulties facing the station, which has not recorded any appreciable increase in revenue since it first went on the air in early 1984, and because of its very small staff, the Commission considers that the licensee would not be in a position to honour the commitments contained in its new Promise of Performance or the requirements of the FM policy and the regulations.
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After considering all the evidence submitted at the public hearing and the licensee's answers to the questions asked, the Commission's concluded that the renewal of CFIN-FM Coaticook's licence under the present circumstances would not be in the public interest because the licensee has demonstrated its inability to respect its original mandate on the basis of which its licence was issued.
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Among other considerations, the Commission points to the inability of the licensee to comply with its Promise of Performance and its conditions of licence despite the unequivocal formal notice served in June 1986 in Decision CRTC 86-595. Furthermore, the Commission is of the opinion that the service provided by this station has not been consistent with the Proposal authorized initially, in particular, because of the lack of local contributions to programming. It has also noted the total absence of support from the community for the renewal of this licence.
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The Commission has been advised by the Department of Communications that CFIN-FM has not been on the air since 4 July 1987.
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Fernand Bélisle Secretary General
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