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Ottawa, 28 April 1988
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Notice of Public Hearing CRTC 1988-34
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National Capital Region 26 May 1988, 09:00 A.M.
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The Commission will hold a public hearing commencing 26 May 1988 at the Conference Centre, Phase IV, 140 Promenade du Portage, Hull, Quebec to consider the following.
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Standard Radio Inc., licensee of CKFM-FM Toronto
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In CRTC Notice of Public Hearing 1988-24 dated 29 March 1988, the Commission indicated its concern with respect to the apparent failure of CKFM-FM on several occasions to meet the obligations set out in its Promise of Performance. In light of the apparent failure of this licensee to adhere to the existing regulatory framework, CKFM-FM was called to a hearing on 12 April 1988 to provide the Commission with an explanation of its performance.
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Following a review of the past performance of this FM radio station, specifically with respect to the use of hits in its programming, and of the licensee's comments on its own performance made at the 12 April 1988 public hearing, the Commission has concluded that the licensee has failed to comply with conditions of its licence. These conditions require:
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1. that the licensee make all reasonable efforts to fulfill substantially each section of the Promise of Performance which is a part of its licence;
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2. that the licensee obtain the prior approval of the Commission before broadcasting, for a period longer than four broadcast weeks, any programming which constitutes a substantial variation from any section of its Promise of Performance;
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3. that the licensee notify the Commission in writing within three (3) working days, where during any broadcast week, the programming broadcast by it constitutes a substantial variation from any section of its Promise of Performance.
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In this notice, the Commission outlines the reasons for reaching its conclusions.
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In its Promise of Performance, CKFM-FM has undertaken to program hit to non-hit musical selections, in an approximate ratio of 49:51 during each broadcast week. When the Commission analyzed CKFM-FM's daily programming, namely on 15 October 1987 and 8 January 1988, it found that CKFM-FM had programmed 68.7% hits on the first occasion and 66.5% hits on the second. According to CKFM-FM's self-assessment of the programming broadcast, the station was playing 65.4% and 62.1% hits on 15 October 1987 and 8 January 1988 respectively, with 63.8% hits during the week of 11 to 17 October 1987 and 60.2% during the week of 3 to 9 January 1988.
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At the 12 April hearing held to consider the results of these analyses, CKFM-FM stated that it did not propose to modify the commitment it had made in its Promise of Performance with respect to the proportion of hits to be broadcast. It admitted that it was not meeting this commitment in October, in January, or at the time of the hearing. CKFM-FM indicated that, while it had taken some steps to rectify the situation since it had become aware of the Commission's concerns in October 1987, as of the date of the hearing it was still not in compliance and would not have a system in place to ensure compliance until the end of April 1988. CKFM-FM stated, however, that it could be in compliance by the next day.
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In this case, the Commission is faced with a licensee which has promised to broadcast approximately 49% hits over the course of its broadcast week but which, since at least the fall of 1987, has systematically disregarded this promise to a significant degree despite written and verbal notification of its non-compliance from the Commission on several occasions. Moreover, in the Commission's view, the licensee has made virtually no effort during this period to bring itself into compliance and was unable to give a satisfactory explanation as to why it had failed to meet its commitment. Indeed, despite repeated promises of compliance, the licensee did not accomplish over a six-month period what it agreed it could accomplish overnight once CKFM-FM was called to a hearing to account for its actions.
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On the basis of the foregoing, the Commission considers that the licensee has failed to comply with the conditions of its licence. Accordingly, pursuant to paragraph 19(1)(b) of the Broadcasting Act, the Commission calls Standard Radio Inc. to a hearing commencing 26 May 1988 in the National Capital Region to show cause why the broadcasting licence of CKFM-FM should not be suspended on the grounds that the licensee failed to comply with its conditions of licence during the week of 3 to 9 January 1988.
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On or about 2 May 1988, the Commission will provide the licensee with copies of the logger tapes from the week of 3 to 9 January 1988 upon which the Commission relied in reaching its conclusion that a breach has occurred. On or about 12 May 1988, the Commission will make available to the licensee the Commission's detailed analysis of CKFM-FM's hit to non-hit ratio for the seven days in question.
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Fernand Bélisle
Secretary General
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