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Public Notice
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Ottawa, 29 September 1986
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Public Notice CRTC 1986-268
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Provision of Logger Tapes Regulations
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Related Documents: See Public Notice CRTC 1986-248 Regulations Respecting Radio Broadcasting dated 19 September 1986; Notices of Public Hearing CRTC 1986-19 dated 10 March 1986, CRTC 1986-33 dated 21 April 1986 and CRTC 1986-35 dated 21 April 1986.
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The Commission called a number of licensees of radio stations to appear public hearings in Moncton on 6 May 1986, Quebec City, on 16 June and Hull on 17 June 1986, to discuss their apparent non-compliance with subsection 4(6) of the Radio (A.M.) and subsection 5(6) of the (F.M.) Broadcasting (M.A.) Regulations, then in force.
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The licensees are the operators of the following radio stations:suivantes:
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CFCB - Corner Brook, Newfoundland CFSX - Stephenville, Newfoundland CFDR - Dartmouth, Nova Scotia CFRQ-FM - Dartmouth, Nova Scotia CJMF-FM - Quebec City, Quebec CKLC - Kingston, Ontario CKAP - Kapuskasing, Ontario CJET - Smiths Falls, Ontario CFJR - Brockville, Ontario
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In the Notices of Public Hearing calling these licensees to appear before the Commission to discuss the issue of logger tapes and to outline plans respecting their responsibility under the Broadcasting Act and the Commission's regulations and policies, Commission stated:
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To protect the public interest, subsection 4(6) of the Radio (A.M.) and subsection 5(6) of the Radio (F.M.) Broadcasting Regulations require that each station maintain, among other things, a tape recording or other exact copy all matter broadcast by that station and furnish it to the Commission on request.
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In a letter to the Canadian Association of Broadcasters (the Association) on 13 February 1985, the Chairman of the Commission expressed concern "over the frequency of equipment failure and accidental tape erasure commonly alleged by broadcasters" when tape requests are made.
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Mr. Bureau went on to say: "Part of the responsibility which a broadcasting licensee undertakes is the responsibility for maintaining tapes, and the investment in adequate taping equipment and back-up equipment is a part of the necessary expense of operating a licensed broadcasting station. The financing of proper taping equipment is not a discretionary expenditure, and if a licensee cannot or will not assume it the licensee is not entitled to operate a broadcasting undertaking".
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Shortly after, on 28 February 1985, the Association issued a general newsletter entitled "Regulations Concerning Logger Tapes" and published Chairman Bureau's letter. In doing so, the Association encouraged broadcasters to obtain the "reliable slow-speed logging equipment" in order to comply with the regulations and further indicated that it was "imperative that the private broadcasting industry demonstrate ... that it can meet the requirements of the Broadcasting Act and its regulations".
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After hearing the arguments and proposals presented by the specific licensees of the radio stations named above respecting the provision of off-air recordings, the Commission remains concerned about the lack of serious attention paid by some licensees to the fulfillment of the logger tape requirements specified in the regulations.
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The Commission views with grave concern the violation of any of its regulations. The availability of a complete, clear and intelligible logger tape is particularly important as it allows the Commission not only to initiate its own verification of programming but also to act on complaints from the general public concerning programming matters.
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Over the past two years, the Commission has responded to requests fromthe broadcast industry that the regulatory burden be lightened.
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In adopting a more supervisory approach, the Commission nevertheless fully expects broadcasters to assume responsibilities. Should licensees not demonstrate a willingness to abide by regulations are established by the Commission in the public interest, this approach could be jeopardized.
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In the Regulations Respecting Radio Broadcasting published on 19 September 1986 (SOR/1986-1230), the Commission has amended the previous regulations in order to set out more precisely their intent, and subsection 8(5) of the new radio regulations is worded as follows:
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A licensee shall retain a clear and intelligible tape recording or other exact copy of all matter broadcast.
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The Commission wishes to remind all licensees of broadcasting undertakings of the importance of complying with the requirements under the regulations governing radio with regard to logger tapes.
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In order for the Commission to be able to protect the public interest, licensees are hereby notified that the Commission intends to monitor closely such compliance. Under subsection 29(1) of the Broadcasting Act, licensees can be prosecuted for breaches of the Commission's regulations. Continued non-compliance could result in other, more serious repercussions, including non-renewal or a shortened term of licence on renewal.
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The Commission notes that most of the licensees mentioned above have taken steps to resolve their problems concerning logger tapes. Nevertheless, the Commission requires the licensees operating each of the radio broadcasting undertakings mentioned above to report to the Commission within sixty days to confirm that equipment is in place, operating and capable of meeting the requirements of the regulations as explained in this notice.
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Fernand Bélisle Secretary General
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