ARCHIVED -  Letter

Sent by: Registered Mail

Alexandre Azoulay
3553230 Canada Inc.
143 St-Pierre Street
Saint-Constant, Quebec
J5A 2G9

Subject: Non-compliance of radio station CJMS-FM Saint-Constant

Dear Sir:

This is in response to the numerous attempts by Commission staff to obtain the logger tapes and program logs from CJMS Saint-Constant for the broadcast week of 18 to 24 November 2012. We note that we first sent you a letter on 11 December 2012, requesting the required material. Staff then followed through by telephone on 13 December 2012, and spoke with Benoit Bélanger, the station’s host, who confirmed that the letter had been received.

On 22 January 2013, having still not received the material, staff telephoned and spoke with
Mr. Poudrier, General Manager and Program Director, who requested an extension until
1 February 2013 to submit the necessary material. Staff once again contacted Mr. Poudrier by telephone on 13 February 2013; Mr. Poudrier stated that the material would be sent that same week.

Staff made a final attempt to contact Mr. Azoulay by e-mailing him a letter, dated 3 June 2013 and signed by the Secretary General, requiring that Mr. Azoulay submit the requested material by 10 June 2013. The Commission has still received nothing to date.

We remind you that pursuant to sections 8(1), 8(5) and 8(6) of the Radio Regulations, 1986 (the Regulations),

8. (1) Except otherwise provided under a condition of its licence, a licensee shall

a) keep, in a form acceptable to the Commission, a program log or a machine readable record of the matter broadcast by the licensee;
b) retain the log or record for a period of one year after the date when the matter was broadcast; and
c) cause to be entered in the log or record each day the following information:
(i) la date,
(ii) the call letters, location and frequency of the licensee’s station,
(iii) the time at which each station identification announcement is made,
(iv) in relation to each program broadcast,

(A) the title and a brief description,
(B) subject to subsection (2), the number of the relevant content category,
(C) the time at which the program begins and ends,
(D) the code set out in the schedule indicating the origin of the program and where applicable the language, type or group, and
(E) if applicable, the code set out in the schedule identifying non-Canadian programming, and
(v) in relation to each commercial message, the quarter hour during which it is broadcast, its duration and the number of the relevant content subcategory.

(5) A licensee shall retain a clear and intelligible tape recording or other exact copy of all matter broadcast
(a) for four weeks from the date of the broadcast; or
(b) where the Commission receives a complaint from any person regarding the matter broadcast or for any other reason wishes to investigate it and so notifies the licensee before the expiration of the period referred to in paragraph (a), for eight weeks from the date of the broadcast.

(6) Where, before the expiry of the applicable period referred to in subsection (5), the Commission requests from the licensee a clear and intelligible tape recording or other exact copy of matter broadcast, the licensee shall furnish it to the Commission forthwith.

Section 9(4)(b) of the Regulations specifies that the licensee shall, at the request of the Commission, respond to any request for information regarding the licensee's adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.
Given that you did not respond to the numerous requests of Commission staff, the Commission has determined that you are in non-compliance with sections 8(1), 8(5), 8(6) and 9(4) of the Regulations.

In light of the above, please answer the following questions:

a) What are the reasons for which you did not submit the required documents?
b) What measures will be taken in the future to ensure that you respond to the Commission's requests within the prescribed time frames?

Please note that the sanction will be established at the time of the station's licence renewal.

In addition, please submit the following material by 11 July 2013:

1. CJMS's logger tapes for the broadcast week of 26 May to 1 June 2013.

2. A list of all musical selections broadcast, in the order in which they were broadcast, divided into programming blocks, for the broadcast week of 26 May to 1 june 2013. The list must include:
a. The title and performer of each musical selection;
b. Canadian selections identified by any of the symbols of the MAPL system
(M = music; A = artist; P = production; L= lyrics);
c. French-language vocal selections;
d. Instrumental selections;
e. Category 3 selections (Special interest music), as applicable;
f. Ethnic programming blocks, as applicable; and
g. The duly completed self-assessment form, appended.

3. The program log for the week of 26 May to 1 June 2013, completed in compliance with the requirements of section 8 of the Radio Regulations, 1986.

Also, please provide a list including the following information:

• The date, time and length of each selection identified as local programming as per paragraph 207 of Broadcasting Public Notice CRTC 2006-158.
• For each newscast, identify the subjects broadcast that are of particular relevance to the community served.

Sincerely,

Original signed by:

John Traversy

Date modified:

2013-07-04