ARCHIVED -  Decisions CRTC 90-819

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Decision

Ottawa, 29 August 1990
Decision CRTC 90-819
Grasslands FM
Swift Current, Saskatchewan - 893886200
Following a Public Hearing commencing 15 May 1990 in Edmonton, the Commission renews the broadcasting licence for CIMG-FM Swift Current issued to Grasslands FM (a limited partnership), from 1 October 1990 to 31 August 1992, subject to the conditions specified in this decision and in the licence to be issued.
The two-year licence term granted herein should provide the Commission a reasonable period of time over which to assess the licensee's performance in response to the concerns addressed in this decision. It will also enable the Commission to consider this renewal at the same time as that of other FM stations in the area following its FM policy review announced in Public Notice CRTC 1990-20 dated 16 February 1990.
The licensee was called to the hearing to discuss, among other things, its apparent failure to comply with certain provisions of the Radio Regulations, 1986 (the regulations) and the Commission's FM policy. The regulations require licensees of independent FM stations to devote a minimum of 9% of each broadcast week to foreground segments and to keep a program log of all matter broadcast. In addition, all licensees are required to retain '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 and to furnish it to the Commission upon request. With respect to the use of hits, the FM policy requires stations to limit their use to less than 50% of all musical selections.
Last year, the Commission requested the licensee to submit logger tapes for the week of 4 to 10 June 1989, in order to undertake a program analysis. In a letter dated 20 July 1989, the licensee advised that it was unable to comply with the Commission's request due to a malfunction of its logger tape equipment.
From a subsequent three-day analysis of CIMG-FM's programming broadcast on 20, 23 and 26 August 1989, the Commission estimated that only 0.4% of the station's programming broadcast during the entire week of August 20 to 26 would qualify as foreground. Certain of the licensee's programs intended to be foreground were disqualified due to the insertion of surveillance material, while other programs lacked a theme or contained inadequate levels of enrichment material. An examination of the program logs revealed that several foreground programs had not been entered as such, while the music list submitted by the licensee was incomplete. From its audit of the logger tapes, the Commission determined that a total of 7 hours 36 minutes of the record of material broadcast during the three days in question was missing. Moreover, the three-day analysis projected a hit level of 50.9% for the week.
The Commission notes the statement by Grasslands FM at the hearing that it is now operating in full compliance with the regulations and with its Promise of Performance. It also notes the steps taken by the licensee, as set out in letters dated 30 November and 14 December 1989 and described further at the hearing, to ensure that it remains in compliance.
The Commission notes the licensee's plans to encourage and promote Canadian talent through the broadcast of specials, the coverage of local talent events, including music festivals, and through an increase from 20% to 25% in the level of Canadian content music aired on the station. The Commission expects the licensee, when it achieves profitability, to establish a specific budget for the promotion of Canadian talent.
In accordance with paragraph 13 (1) (b) of the Broadcasting Act, the licence will only be renewed at such time as written notification is received from the Department of Communications (DOC) that it will issue a Broadcasting Certificate. It is a condition of licence that Grasslands FM, as licensee of CIMG-FM, have unrestricted and exclusive use of the assets of the station, with the general partner (Grasslands Broadcasting Ltd.) acting solely as manager for the partnership. It is also a condition of licence that the nature and composition of the partnership not be altered without the prior approval of the Commission.
It is a condition of licence that the licensee adhere to the Canadian Association of Broadcasters' (CAB) self-regulatory guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission.
It is also a condition of licence that the licensee adhere to the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
In renewing this licence, the Commission also authorizes the licensee to make use of the Subsidiary Communications Multiplex Operation. The Commission expects the licensee to adhere to the guidelines set out in Appendix A to Public Notice CRTC 1989-23 dated 23 March 1989 entitled Services Using the Vertical Blanking Interval (Television) or Subsidiary Communications Multiplex Operation (FM). This authority may only be implemented when the DOC gives the technical approval required by the Radiocommunication Act and regulations made thereunder.
Alain-F. Desfossés
Secretary General

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