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Decision
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Ottawa, 17 September 1987
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Decision CRTC 87-753
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Radio communautaire du Bas St-Laurent Inc.
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Rimouski, Quebec - 870345600
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Following a Public Hearing in Montreal on 12 May 1987, and for the reasons set out below, the Commission denies the application to renew the broadcasting licence for CKLE-FM Rimouski, which expires on 30 September 1987.
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The Commission authorized the operation of a French-language FM community radio station in Rimouski in Decision CRTC 80-193 dated 20 May 1980, noting that the "programming proposed by the applicant includes all the elements necessary for community programming", including a high concentration of backgrounding and spoken word content, 65.1% combined foreground/mosaic programming and varied musical programming.
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Since its inception, CKLE-FM has exhibited serious and persistent compliance difficulties, despite being cautioned repeatedly by the Commission. Analyses conducted by the Commission of CKLE-FM's programming in 1982, 1983 and 1984 revealed ongoing non-compliance with respect to advertising; levels of French-language vocal music of 37% and 50%, despite a commitment of 70%; significant deficiencies with respect to spoken word and foreground programming, expecially on weekends; and a station format other than the MOR music format authorized at the time.
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In Decision CRTC 84-302 dated 29 March 1984, denying the licensee's application to broadcast more restricted advertising, the Commission reminded the licensee that an analysis conducted in 1983 had revealed that "the licensee was not complying with its condition of licence pertaining to the broadcasting of restricted advertising" and that the Commission intended to review the matter further at the next licence renewal. In two subsequent decisions (CRTC 84-625 and 85-149 dated 31 July 1984 and 28 March 1985, respectively), the Commission renewed CKLE-FM's licence for brief periods, reminding the licensee that any failure on its part to comply could compromise the subsequent renewal of its licence.
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The Commission conducted another analysis of CKLE-FM's programming of the week of 16 to 22 September 1985. In Decision CRTC 86-1128 dated 26 November 1986, published following the 16 June 1986 public hearing in Sainte-Foy, Quebec, the Commission noted that, according to this analysis, "it appeared that the licensee's performance had deteriorated with respect to virtually every aspect of its Promise of Performance" and added:
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At the time, music accounted for more than 80% of CKLE-FM's air-time, which affected the community nature of the station and the distinctive character of its programming.
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The Commission also noted that the licensee's self-assessments in September and December 1985 and March 1986 had confirmed its deficiencies in several areas, particularly spoken word and foreground format programming, music format and advertising. The Commission further pointed out that the licensee had acknowledged its numerous deficiencies at the June 1986 public hearing.
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As a result, the Commission renewed CKLE-FM's licence for only nine months, until 30 September 1987, and required that the licensee "take immediate measures to rectify the serious problems revealed by the analyses and self-assessments ...". The Commission indicated that these measures must result in Programming aimed at achieving the minimum objective of 35% spoken word set out in the community radio policy and, consistent with the licensee's commitments, at least 20% foreground programming and 65% combined foreground/mosaic programming. In accordance with its Promise of Performance and the proposed Group IV music format, the licensee was also required to offer a very wide choice of musical selections, using all or most of the subcategories in category 5 (Music - General), including at least 65% French-language vocal music. The Commission added:
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The Commission strongly urges the licensee to take advantage of this short renewal period to undertake a thorough review of its approach to community radio ... Should the licensee conclude from this review that it cannot or does not wish to opt firmly for a genuine community station, the licensee should surrender its licence to the Commission.
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After indicating that it intended to conduct further analyses of CKLE-FM's programming to confirm whether the station was adhering to all of its requirements, the Commission concluded as follows:
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As part of its consideration of the next licence renewal application, the Commission will invite the licensee to a public hearing at which time it will have to demonstrate its compliance to the Commission's satisfaction, or show cause as to why its licence should be renewed. The Commission warns the licensee that any deviation from the requirements contained in the present decision, in its conditions of licence, in the community radio policy and the Radio Regulations, 1986, may jeopardize the renewal of its licence.
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In CRTC Notice of Public Hearing 1987-29 dated 16 March 1987 regarding the hearing of 12 May 1987, the Commission indicated that it intended to review with the licensee the concerns raised in Decision CRTC 86-1128 and to discuss the reasons why the Commission should renew its licence. In addition, the Commission indicated that it would discuss the licensee's apparent non-compliance with subsections 8(5) and (6) of the Radio Regulations, 1986 (the regulations), following its failure to submit logger tapes for various broadcast periods during the week of 24 to 30 November 1986 and for Friday, 19 December 1986.
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In connection with the public hearing of 12 May 1987, the Commission asked the licensee to submit a self-assessment of its performance for the week of 24 to 30 November 1986. However, during the discussion of its performance at the public hearing, the licensee stated [TRANSLATION] "that it was obvious that the self-assessment could not be satisfactory" because it had not yet read Decision CRTC 86-1128 dated 26 November 1986, which it had received in early December 1986. Consequently, the Commission asked the licensee to submit another self-assessment of its performance for the week of 24 to 30 May 1987. The Commission also conducted its own analysis of the foreground programming and French-language vocal music broadcast by CKLE-FM during the same week and a musical analysis of 27 May 1987. The licensee was asked to submit its comments on the results of the Commission's analyses.
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After examining the results of the analyses noted above, the licensee's comments thereon and its statements at the May 1987 public hearing, the Commission notes that, except with regard to advertising, the licensee still has not succeeded in resolving its problems with regard to compliance with its commitments in virtually the same areas identified eight months previously, namely, foreground programming, authorized music format and French-language vocal music.
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The licensee stated in its self-assessment that its foreground level was 16.5%, compared with a 20% commitment in its Promise of Performance. The Commission's analysis for the same period indicated a level of only 8.5% since 50% of the programming identified by the licensee as foreground did not qualify as such because of duration, distinctive theme or degree of enrichment. The Commission also noted a shortfall in news in the self-assessment.
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In terms of the station's music, the self-assessment indicated that CKLE-FM was being operated in an unauthorized format (Group I) and that it was offering little variety, despite the requirement that it do so. It also indicated a level of subcategory 51 music (Pop and Rock - Softer) of 72%. Although the licensee stated that it was honouring its 65% commitment to French-language vocal music, with a level of 66%, the Commission's analysis for the same week in May 1987 revealed noncompliance in this regard with a level of 62.1%. The Commission also noted there was little traditional and special interest music (category 6) broadcast when its analysis was conducted.
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With respect to advertising, the Commission's analysis indicated compliance on 27 November 1986, but the Commission was unable to conduct a similar verification of 19 December 1986 as a result of the licensee's failure to comply with the regulatory requirements regarding logger tapes. The licensee stated at the hearing that it had taken steps to rectify this situation.
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The Commission notes that the new Promise of Performance Proposed by the licensee would perpetuate and even exacerbate its current problems, particularly with respect to musical diversity and complementarity, in that it changes the station's musical format from Group IV to Group I, reduces the level of French-language vocal music from 65% to 60%, and proposes a level of hits of 45%. The Commission also notes that the licensee proposes to reduce its spoken word content from 35% to 30.7%, stating at the hearing that it would not be realistic to do more, thereby abandoning the 35% objective set out in the community radio policy in this regard. In addition, in light of the statements made at the public hearing, the Commission is not convinced of the licensee's firm desire to maintain the community orientation of CKLE-FM and to honour the commitments contained in its Promise of Performance or the requirements of the regulations and the community radio policy.
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Having considered all the evidence submitted at the hearing, including the licensee's answers to the questions asked, the Commission has concluded that the renewal of CKLE-FM Rimouski's licence under the present circumstances would not be in the public interest because the licensee has demonstrated its inability to respect the original community service mandate on the basis of which its licence was issued.
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Among other considerations, the Commission points to the licensee's inability to comply with its Promise of Performance and its conditions of licence, despite the unequivocal formal notice served in Decision CRTC 86-1128 in November 1986 and previous warnings. The Commission notes in this regard that its latest analyses revealed, for the sixth time in six years, a serious and persistent state of non-compliance with several of its commitments.
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Consequently, in accordance with the provisions of the Broadcasting Act, CKLE-FM Rimouski is to cease operation no later than 30 September 1987, the date on which its licence expires.
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The Commission wishes to point out that this decision does not signify that it has concluded that there is no place in the Rimouski area for a genuine community radio station offering a real alternative to existing radio stations. The Commission would therefore be willing to consider new applications for the operation of a community radio station in accordance with the terms of the community radio policy and proposing commitments commensurate with the human and material resources available in the communiques to be served.
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Fernand Bélisle Secretary General
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