ARCHIVED -  Decision CRTC 95-609

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Decision

Ottawa, 28 August 1995
Decision CRTC 95-609
CHRY Community Radio Incorporated
Toronto, Ontario - 950029900
Licence renewal for CHRY-FM
Following Public Notice CRTC 1995-50 dated 30 March 1995, the Commission renews the broadcasting licence for the campus/community radio programming undertaking CHRY-FM Toronto (Downsview), from 1 September 1995 to 31 August 1999, subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.
This four-year term will enable the Commission to consider the renewal of this licence one year prior to that of campus radio stations across Canada in order to assess at an earlier date the licensee's compliance to the Radio Regulations, 1986 (the regulations) concerning the provision of logger tapes.
Subsections 8(5) and 8(6) of the regulations require each licensee to retain, for a period of at least four weeks from the date of broadcast, and furnish to the Commission upon request "a clear and intelligible tape recording or other exact copy of all matter broadcast".
In this regard, the Commission requested the station's logger tapes of the programming broadcast on 10 February 1994. However, the tapes it received were missing five and a half hours of programming from 6:00 a.m. to 8:00 a.m. and from 8:30 p.m. to midnight. In a letter dated 25 February 1994, the licensee advised the Commission that there were intermittent technical difficulties and that the logger machine was subsequently being monitored on a daily basis. In addition, the licensee indicated long term plans for the implementation of an improved video cassette recording (VCR) system.
The Commission subsequently asked for the logger tapes of programming broadcast on 28 July 1994 but the licensee was unable to provide the tapes as requested for that date. The licensee indicated in a letter dated 24 August 1994 that the previously proposed VCR system was implemented and functional on 1 August 1994. However, between approximately 25 July and 31 July 1994, the former logger mechanism completely ceased to record.
While the Commission notes the licensee's assurance that it has taken concrete measures to ensure that its logger tape equipment is being operated to ensure compliance with the regulations, the Commission reiterates the importance of ensuring that the regulations are adhered to at all times and will closely monitor the licensee's performance in this regard during the new licence term.
It is a condition of licence that the licensee retain full control over all decisions concerning the management and programming of this station and that representatives of the student body, faculty, alumni or administration representatives of the university or college with which the station is associated, considered together, form the majority of the board of directors. In addition, the Commission reminds the licensee that, in accordance with the requirements of the "Direction to the CRTC (Eligible Canadian Corporations)", the chairman or other presiding officer and each of the directors or other similar officers of the licensee must be Canadian citizens.
As outlined in Public Notice CRTC 1992-38, campus stations may increase or reduce their hours of broadcast by up to 20% without application to the Commission, provided they meet the minimum percentage commitments set out in their Promise of Performance. Any increase or decrease in the hours of broadcast beyond the 20% level requires authorization by the Commission.
In accordance with Public Notice CRTC 1993-38 dated 19 April 1993 entitled "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations", the Commission authorizes the licensee, by condition of licence, to broadcast no more than 504 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour. Of the weekly total of 504 minutes, a maximum of 126 minutes may be conventional advertising. The remainder of advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.
In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It considers that campus/community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
Allan J. Darling
Secretary General

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