ARCHIVED -  Decision CRTC 86-603

Decision

Ottawa, 26 June 1986

Decision CRTC 86-603

Radio comunautaire du Saguenay Inc.

Jonquière, Quebec - 853110500

Following a Public Hearing in Montreal on 18 March 1986, the Commission renews the broadcasting licence for CHOC-FM Jonquière for a period of two years only, from 1 October 1986 to 30 September 1988, subject to the conditions specified in this decision and in the licence to be issued.

In accordance with the licensee's proposal and the Commission's policy statement on The Review of Community Radio (Public Notice CRTC 1985-194 dated 26 August 1985), the Commission will issue a special FM licence for community radio, Type B, to this station, which will be operated in the Group IV music format.

The Commission called the licensee to the 18 March 1986 Public Hearing as a result of complaints received from a broadcaster in the region alleging that the licensee was not complying with its Promise of Performance, particularly in terms of its musical content. Interventions were also submitted at the hearing by Radio Saguenay Ltée, licensee of CKRS Jonquière, and from CJAB-FM Inc., licensee of CJAB-FM Chicoutimi, expressing their concerns with respect to the commitments in the licensee's new Promise of Performance.

Programming analyses conducted by the Commission of a single broadcast day indicated that CHOC-FM was operating within an unauthorized Contemporary MOR music format, that it lacked the promised musical diversity and was strongly oriented toward rock music, and that it achieved a level of only 31% French-language vocal music. In addition, the programming log submitted by CHOC-FM for the week of 16 to 22 September 1985 indicated an absence of any traditional and special interest music (category 6), despite the licensee's commitment to broadcast 20 hours of such programming.

The call was also the result of a self-assessment of CHOC-FM's programming from 16 to 22 September 1985, which revealed a number of deviations from the current Promise of Performance, particularly with regard to foreground programming (5% instead of 34.2%); the amount of broadcast time (126 hours instead of the authorized 80 hours 30 minutes); and, especially, a significant increase in music programming with a high concentration on rock music (60 hours of popular music instead of the authorized 26 hours 40 minutes, and 20 hours of rock music instead of the authorised 6 hours). The Commission notes, however, that according to the information at its disposal, the deviations noted above are quite recent. Also, since going on the air in 1977, CHOC-FM has remained a genuine community station, with a social orientation dedicated to less privileged persons and groups, and has always adhered to its conditions of licence with respect to advertising.

At the time of the hearing, the licensee attributed these shortfalls to a relaxation of programming control at a time when it had to devote all of its efforts to solving a serious financial crisis. It also pointed out that all of its production is carried out by volunteers, most of whom are students, and that the deviations occurred at the beginning and end of the school year, which are transition periods in its programming.

The Commission views with grave concern the licensee's failure to adhere to its Promise of Performance and to Commission policies and regulations. In renewing CHOC-FM's licence for two years, the Commission has taken into account the fact that the new community radio policy is still very recent and could be of assistance in resolving some of the problems faced by community radio stations, especially with respect to financing.

The Commission has also taken into account the licensee's statements at the hearing regarding the corrective measures it has taken to ensure compliance from now on, including the consolidation of its operations and the introduction of an internal administrative code to provide greater control of management, programming and radio production.

The Commission approves the proposal to increase CHOC-FM's broadcast time from 80 hours 30 minutes to 105 hours 20 minutes per week. The Commission's policy on community radio contains the provision that a community station may increase or decrease by 20% the number of hours it is authorized to broadcast per week without having to apply to the Commission, in order to take into account the needs of the community and the availability of volunteers and community groups. The Commission reminds the licensee that if this increase in broadcast time results in non-compliance, it should reduce its broadcast week to a level that would enable it to adhere to its commitments at all times.

The Commission denies, however, the proposal to decrease the broadcast to 28.6% of spoken word programming. The Commission reminds the licensee of the importance of spoken word content in community-oriented programming, and also points out that category 7 - Production may not be used in calculating spoken word content, contrary to what the licensee proposed at the hearing. Therefore, it is a condition of licence that the licensee broadcast at least 35% spoken word programming during the broadcast week, in accordance with the objective contained in the community radio policy for Type B stations.

The licensee has proposed eliminating newscasts and integrating news into its analysis and backgrounding programming. The licensee contends that in so doing, it wishes to set itself apart from other media in the region which already offer complete news services at specific times. The Commission considers that the licensee's proposal could prove to be an original and interesting format and approves it on an experimental basis. The Commission will evaluate the results of this experiment at the time of the next licence renewal.

The Commission approves the proposal to reduce from 20 hours to 10 hours per week the minimum amount of commercial-free time reserved for programs produced by groups or members of the community. As outlined in Public Notice CRTC 1986-152 accompanying this decision, a community station must be defined primarily in terms of access. The Commission therefore expects the licensee to devote a large portion of its programming to programs produced by community groups or individuals.

In addition, the Commission notes that according to the licensee's statements, half of its members and volunteers are students. The Commission expects the licensee to make a special effort to broaden its support by recruiting members and volunteers from all age groups and all sectors of the community that it is licensed to serve.

In its policy on community radio, the Commission stated that a community station "should not specialize in a specific musical format which would attract a particular age group only and disenfranchise the rest of the community, thereby possibly discouraging the latter from participating in community radio." At the hearing, the licensee described the type of music it broadcasts as mainly alternative, hit-oriented and contemporary. The Commission considers this blend likely to produce a rather progressive sound made up of soft and hard rock. In accordance with the proposed Group IV music format, the licensee will have to offer more diversified music programming, using most, if not all, of the subcategories in category 5 (Music-General), with at least 30% Canadian content and 65% French-language vocal music.

As a result, the licensee is required to submit to the Commission, within three months of the date of this decision, a new Promise of Performance that reflects the conditions and requirements contained in this decision and is in full compliance with Commission policies and regulations. The Commission also requires the licensee to submit a report, within six months of the date of this decision, on its compliance with this revised Promise of Performance.

The Commission also approves the proposal to broadcast an average of 4 minutes of advertising per hour per day, with a maximum of 6 minutes per hour, in accordance with the community radio policy for Type B stations.

The Commision reiterates its concern with the licensee's failure to adhere to its commitments and requirements and it requires the licensee, from now on, to comply with its Promise of Performance at all times. Any failure by the licensee to remain in full compliance with the requirements of this decision, its conditions of licence including the commitments contained in its Promise of Performance, and with Commission policies and regulations may jeopardize the next renewal of its licence.

The Commission also acknowledges the interventions made by the Association des radiodiffuseurs communautaires du Québec, in support of the renewal of this licence, and by the Conseil des usagers des médias de la Sagamie as well as the Association canadienne de la radio et de la télévision de langue française inc., which expressed their concerns pertaining to the proposed amendments to the licensee's Promise of Performance.

Fernand Bélisle
Secretary General