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Decision
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Ottawa, 29 December 1989
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Decision CRTC 89-917
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Radio MF Charlevoix Inc.
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Saint-Hilarion, La Malbaie and Rivière-du-Gouffre (Baie-Saint-Paul), Quebec - 883147100
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Following a Public Hearing in the National Capital Region beginning on 27 June 1989, the Commission renews the broadcasting licences for CIHO-MF Saint-Hilarion and its rebroadcasters CIHO-MF-1 La Malbaie and CIHO-MF-2 Rivière-du-Gouffre (Baie-Saint-Paul) from 1 January 1990 to 31 August 1992 subject to the conditions set out in this decision and in the licences to be issued. This 32-month term will give the Commission the opportunity to assess the licensee's compliance over a reasonable length of time with CRTC regulations and policies and with the commitments contained in its Promise of Performance.
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The licensee's self-assessments and the Commission's analysis of CIHO-MF programming indicated some instances of non-compliance. An analysis of the foreground programming broadcast during two days in early January 1989 indicated a weekly average of only 4.3% compared with a commitment of 10%. Self-assessments for the weeks of 11-17 September 1988 and
8-14 January 1989 revealed total broadcast times of 115 and 117 hours, respectively, while the station is authorized to broadcast only 86 hours weekly. The self-assessment for September 1988 indicated that the licensee played 5 hours 13 minutes of category 6 (Traditional and Special Interest) music compared with a commitment of 6 hours 34 minutes weekly.
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The licensee said at the Public Hearing that the shortfall in foreground programming was the result of a misunderstanding of the criteria for this category. Following a meeting with CRTC staff on 1 June 1989 at the licensee's request and after receiving certain information, it indicated that CIHO-MF will henceforth be in compliance in this regard.
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The Commission approves the proposed amendment to the Promise of Performance extending the broadcast week from 86 hours to 105 hours. The licensee indicated that it proposed a longer broadcast week because its volunteer personnel is requesting more production time, and that the extension would provide the people of the Charlevoix region with greater access to the station's facilities. Taking into account the community nature of this station, the licensee will be allowed to increase the broadcast week herein approved by a maximum of 20% without further prior Commission approval. However, the Commission denies the licensee's proposal to decrease category 6 music content from 6 hours 34 minutes to 5 hours weekly.
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Under subsections 8(5) and 8(6) of the Radio Regulations, 1986 (the Regulations), licensees are required to retain and furnish to the Commission on request "a clear and intelligible tape recording or other exact copy of all matter broadcast" for a minimum of four weeks from the broadcast date. Owing to certain omissions or operator error, the licensee failed to provide the Commission with logger tapes for two self-assessment weeks in March and September 1988. The licensee indicated that, in order to avoid a repetition of such occurrences in the future, it has begun to log the times of logger tape changes, issued specific instructions to staff, and obtained a new tape recorder and long-running tapes. The Commission notes that the logger tapes submitted for the January 1989 analysis were satisfactory.
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The Commission is gravely concerned about the licensee's non-compliance with its Promise of Performance and the Regulations. The licensee's performance will be monitored and it is expected to demonstrate that the necessary steps have been taken to ensure full compliance at all times with its commitments to broadcast 9% foreground programming in accordance with its new Promise of Performance, as well as 6 hours 34 minutes of category 6 music which will continue to apply as a condition of licence.
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The Commission notes that the licensee again committed at the Public Hearing to broadcast a maximum of 8 minutes of advertising per hour and to refrain from soliciting advertising on the south shore of the
St-Lawrence River. The licensee is reminded that, while CIHO-MF is licensed as an independent FM broadcasting undertaking, it is essentially a community-owned and community-oriented station. Accordingly, the Commission expects that the licensee will not emphasize the competitive aspect of its operations, but that it will offer a complementary, diversified service which facilitates access by its members. The Commission further notes the sound organization of the station and its involvement at the local level.
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The Commission reaffirms the particular importance it places on the development of Canadian talent, and it is satisfied with the licensee's annual budget allocations in this regard. It encourages the licensee to continue its efforts over the new licence term and to develop new initiatives for the support, promotion and on-air development of local and regional artists.
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The Commission notes that in Decision CRTC 89-914 dated 22 December 1989, it approved an application by the licensee to move the main CIHO-MF transmitter and antenna from the present site at Mont des Eboulements to Montagne de la Croix at Saint-Hilarion and to increase the effective radiated power from 2,200 to 2,450 watts. Following the implementation of these new technical changes, the Commission will wish to review with the licensee, at the time of the next renewal of its licences, the need to continue operation of the two rebroadcasters of CIHO-MF at La Malbaie and Baie Saint-Paul.
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It is a condition of licence that the licensee comply with the self-regulatory guidelines of the Canadian Association of Broadcasters (CAB) on sex-role stereotyping as amended from time to time and approved by the Commission.
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It is also a condition of licence that the licensee comply with the provisions of the CAB's Broadcast Code for Advertising to Children as amended from time to time and approved by the Commission.
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Fernand Bélisle
Secretary General
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