ARCHIVED -  Decision CRTC 88-483

Decision

Ottawa, 29 July 1988

Decision CRTC 88-483

Radio Chicoutimi Inc.

Chicoutimi, Quebec -873593800

Following a Public Hearing in Quebec City on 7 March 1988, the Commission renews the broadcasting licence of CJMT Chicoutimi for the period 1 January 1989 to 30 September 1990, subject to the conditions specified in this decision and in the licence to be issued. This 21-month term will allow the Commission to assess the licensee's performance in terms of its own commitments and the Radio Regulations, 1986 (the regulations), and to consider the renewal of this licence at the same time as that of CFIX-FM Chicoutimi, with which CJMT in fact is jointly operated.

The Commission called the licensee to appear at the public hearing to discuss its apparent non-compliance with regard to the level of French-language vocal music and with regard to two important provisions of the regulations relating to the Canadian content of musical selections and the furnishing of logger tapes.

In Public Notice CRTC 1986-67 dated 19 March 1986, and for the reasons set out therein, the Commission announced that it had decided to reduce to 55%, for a period of two years, the minimum level of popular French-language vocal music required to be broadcast by French-language AM stations. The Commission extended this period to 31 August 1989 in Public Notice CRTC 1988-84 dated 26 May 1988 and indicated that it would re-examine the issue at a public hearing in June 1989. However, a Commission analysis of CJMT's programming for the week of 29 March to 4 April 1987 as well as a self-assessment submitted by the licensee of the material broadcast during the week of 27 September to 3 October 1987 revealed levels of French-language vocal music of 48.6% and 45% respectively.

Further, the Commission notes that subsection 13(2) of the regulations requires that at least 30% of all musical selections broadcast by AM stations throughout a broadcast day be Canadian. In this regard, the licensee's self-assessment of CJMT's programming for the week of 27 September to 3 October 1987 indicated that the Canadian content was below the required level on six of the seven days, with percentages as low as 20.3%, 20.5% and 22.7%.

At the hearing, the licensee acknowledged these facts and admitted that it had been negligent. Nevertheless, it pointed out that CJMT was going through a period of transition in anticipation of the start-up of CFIX-FM. Thus, while CJMT had previously offered a largely musical format, the station's orientation changed in early 1988 to one offering predominantly spoken word programming and the licensee is broadcasting musical selections virtually only during evening hours. It has advised the Commission that it would now be broadcasting a program consisting entirely of French-language music each evening from 7:00 to 11:00 p.m. and has assured the Commission that henceforth it would be in a position to respect and even exceed the 55% minimum requirement.

The Commission notes in this regard that a self-assessment submitted by the licensee for the week of 3 to 9 January 1988 indicated that the situation had improved with a 64.9% level of French-language vocal music and Canadian content levels ranging from 32.4% to 45.2%.

In other respects, subsections 8(5) and 8(6) of the regulations require that licensees retain and furnish to the Commission upon request "a clear and intelligible tape recording or other exact copy of all matter broadcast" for a minimum of four weeks from the date of broadcast. The Commission notes, however, that the licensee was twice unable to provide complete and intelligible logger tapes during the weeks of 27 September to 3 October 1987 and 3 to 9 January 1988. At the hearing, the licensee explained that this was due to mechanical problems, and that in order to rectify the situation it had completely rebuilt its logger tape machine and had recently acquired a new one.

The Commission views with grave concern the licensee's inability to honour its programming commitments and to comply with the basic provisions of the regulations. It will monitor the licensee's performance closely, and expects it to demon-strate that it is in full compliance at all times with the requirements relating to French-language vocal music and Canadian content, and that it has taken the appropriate measures to ensure that its logger tape machines are being used correctly.

Accordingly, the Commission requires the licensee to submit, commencing immediately and until further notice, weekly self-assessment reports on the amount of French-language vocal music broadcast and on its daily Canadian content percentages for musical selections from category 5 (Music -General).

In addition, the licensee is required to submit a report within 60 days of the date of this decision to confirm that proper logger equipment is in place, operating and capable of meeting the requirements of the regulations.

With regard to Canadian talent development, the Commission notes that, while the licensee promotes local artists through interviews and the donation of free air-time and collaborates with the media arts and technology programs of the Jonquière CEGEP, it has not provided the Commission with specific plans or precise financial commitments in this regard. The Commission reaffirms the particular importance it attaches to the development of Canadian talent and requires the licensee to submit a report within three months of the date of this decision outlining its specific proposals for the on-air support and development of local and regional talent, including precise budgetary allocations.

It is a condition of licence that the applicant adhere to the CAB's self-regulatory guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission.

In Public Notice CRTC 1986-351 dated 22 December 1986, entitled Policy on Sex-Role Stereotyping in the Broadcast Media, the Commission stated that it intended to review with broadcasters at licence renewal time their efforts towards elimination of sex-role stereotyping. In as much as Commission files indicate that the licensee has not yet filed a report on its initiatives to deal with complaints and to sensitize staff as to concerns in this area, the Commission requires the licensee to submit a report within three months of the date of this decision, detailing the measures it has taken to address the concerns and expectations outlined in the Commission's policy statement.

The Commission notes the intervention that was presented at the public hearing by the Conseil des usagers des médias de la Sagamie. While not opposing this application for licence renewal, the intervener made observations with respect to Canadian content and the procedures used for phone-in programs. The Commission has noted the licensee's responses to the intervener's concerns, in particular its intention to institute measures for the prior identification of audience participants in its phone-in programs. The Commission draws the intervener's and the licensee's attention to Public Notice CRTC 1988-121 entitled Proposed Guidelines for Open Line Programs, calling for comment on the proposed of guidelines for open line programs.

Fernand Bélisle
Secretary General