ARCHIVED -  Decision CRTC 97-360

Decision

Ottawa, 23 July 1997

Decision CRTC 97-360

Wired World Inc.

Kitchener, Ontario - 199612130

Licence renewal for CKWR-FM

1. Following a Public Hearing held in Toronto beginning on 14 April 1997, the Commission renews the licence for Type B community radio programming undertaking CKWR-FM Kitchener, from 1 September 1997 to 31 August 1999, subject to conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.

2. This two-year term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations) in view of the serious concerns discussed below.

3. In Notice of Public Hearing CRTC 1997-2 dated 7 February 1997, the Commission called Wired World Inc. to appear at the hearing to discuss its apparent non-compliance with section 8 of the regulations which requires each licensee to retain, for a period of at least four weeks from the date of broadcast, and to furnish to the Commission upon request, "a clear and intelligible tape recording or other exact copy of all matter broadcast." The Commission advised Wired World Inc. that it would be expected to show cause at the hearing why the Commission should not issue a mandatory order requiring the licensee to comply with section 8 of the regulations.

4. This is the second time that the Commission has issued a short-term licence renewal for CKWR-FM due to concerns relating to the licensee's non-compliance with the logger tape provisions of the regulations. In Decision CRTC 93-448 dated 19 August 1993, the Commission gave CKWR-FM a four-year licence renewal because of the licensee's failure to provide complete logger tapes for the weeks of 3 to 9 November 1991 and 19 to 25 July 1992.

5. In that decision, the Commission indicated that it viewed with great concern the licensee's failure to comply with the regulations and reminded the licensee of the requirement to ensure the availability at all times of complete and intelligible logger tapes. It also informed the licensee that it intended to use all means available to ensure that the regulations are enforced.

6. During the current licence term, the Commission requested logger tapes and other material related to the programming broadcast by CKWR-FM during the week of 21 to 27 January 1996. In a letter dated 26 February 1996, the licensee informed the Commission that the tapes in question were unavailable due to defective equipment, and the inability of the full-time employee in charge "to carry out the duties properly". The newly appointed president of the board of directors explained that, as a result of the numerous problems encountered by the station over the last few years, the affairs of the corporation had been seriously neglected, and very little attention was paid to equipment, including logger tape equipment.

7. At the hearing, the licensee described the events of the past few years, including serious conflicts between board members, and linked these problems with the station's inability to provide the Commission with complete logger tapes when requested.

8. The licensee explained that a new board of directors was elected in November 1995, and that new priorities were established in the pursuit of the station's goals, including the implementation of various measures to reach these goals, especially in relation to personnel and equipment. Moreover, the licensee indicated that the board of directors had regained control over the affairs of the station. He stated that "the problems of the station are now behind us" and requested that the station's licence be renewed for a further period of three years.

9. The Commission notes that the licensee indicated at the hearing that a new logging system would be installed following the completion of a fundraising drive, probably by early June. Subsequent to the hearing, the licensee confirmed to the Commission, in a letter dated 19 June 1997, that the new logger tape system has been installed.

10. The Commission views with serious concern the repeated occurrences of non-compliance with regulatory requirements and has seriously contemplated the issuance of a mandatory order. However, the Commission has taken into account the difficult conditions under which the station operated during the current licence term, including the serious conflicts within the board of directors. The Commission has also noted the strong measures which have been undertaken to ensure that such a situation does not recur, including the licensee's adherence to its commitment made at the hearing to have a new logging system installed.

11. In view of the foregoing, the Commission is satisfied that the measures undertaken by the licensee are adequate to ensure furture compliance and that the issue of a mandatory order is not necessary in the circumstances.

12. As part of its licence renewal application, the licensee requested Commission approval for amendments to CKWR-FM's licence to reduce the minimum percentage of category 3 music and to increase the level of hits to be broadcast.

13. Having examined the Iicensee's application, the Commission considers that the licensee's circumstances do not warrant a departure from the Commission's long-standing practice of denying programming amendments filed by Iicensees who are in non-compliance and denies these requests.

14. Accordingly, the Commission reminds the licensee that it is required, by condition of licence, to broadcast a minimum of 40% Category 3 music (Traditional and Special Interest) as a percentage of overall music programming, and to ensure that the level of hits programmed each broadcast week is no more than 15% of all musical selections.

15. Consistent with Decision CRTC 93-448 dated 19 August 1993, it is a condition of licence that the licensee broadcast no more than 6 minutes of advertising in every hour of broadcast or no more than 8 minutes per hour during ethnic programs, and that it broadcast no more than an average of 4 minutes of advertising per hour of broadcast up to a total of 504 minutes of advertising per week.

16. It is a condition of licence that the licensee devote a minimum of 32 hours 30 minutes weekly of its broadcast time to ethnic programs of type A and B. It is also a condition of licence that the licensee provide programming directed to a minimum of 12 ethno-cultural groups in at least 11 different languages.

17. 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 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.

18. The Commission acknowledges an intervention filed in support of this application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.

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