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Ottawa, 8 July 1991
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Decision CRTC 91-434
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Les Entreprises de Radiodiffusion de la Capitale Inc.
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Quebec City, Quebec - 903111300 - 902815000
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Following a Public Hearing in Quebec City beginning on 5 March 1991, the Commission renews the broadcasting licence for CHRC Quebec City from 1 September 1991 to 31 August 1992, subject to the conditions set out in the appendix to this decision and in the licence to be issued.
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This one-year renewal is the third consecutive short-term renewal the Commission has granted CHRC due to concerns relating to the licensee's open-line programming. It is also the second consecutive 12-month licence renewal. Based on the documentation on file relating to this application and the statements by the licensee at the 5 March 1991 Public Hearing, the Commission finds that there has been no significant improvement in the situation described in Decision CRTC 90-772, nor has there been any demonstration by the licensee of a firm commitment to honour the spirit or the letter of its own guidelines relating to open-line programs.
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In Public Notice CRTC 1988-213 dated 23 December 1988, the Commission set out its policy regarding open-line programs. This policy was developed following numerous complaints and controversies arising out of several open-line programs, including those broadcast by CHRC. At that time, the Commission decided not to impose a set of guidelines on the industry as a whole, but to continue to deal with concerns in this area on a case-by-case basis. In addition, it indicated that where a licensee has shown an inability to comply with the provisions of the Broadcasting Act (the Act) and the Radio Regulations, 1986, it would require the licensee to implement internal guidelines and submit a copy of the guidelines for approval. It further indicated that the conduct of open-line programs and the effectiveness of the controls put in place would be considered at the next renewal of the licence concerned.
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Concurrent with the above-mentioned Public Notice, the Commission issued Decision CRTC 88-888 renewing the CHRC licence for 20 months. In view of the Commission's serious concerns regarding CHRC's compliance with the requirements relating to balance and high standard in programming, as set out in subsection 3(d) of the Act in force at that time (subsections 3(g) and 3(i) of the Act proclaimed 4 June 1991), it required the licensee to submit new guidelines to replace those in effect since 1985.
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In Decision CRTC 90-772 dated 20 August renewing the CHRC licence, the Commission cited the licensee's flagrant failure to satisfy the high standard requirement in cases involving certain on-air comments made by André Arthur as host of CHRC open-line programs. The Commission also stated that it was concerned that the balance requirement was not being met in the discussion of matters of public interest. In view of the worsening situation, the Commission renewed the CHRC licence for 12 months only, and imposed five specific conditions of licence, including the requirement that the licensee adhere to its own guidelines as amended (conditions 3 and 4 in Decision CRTC 90-772). With reference to condition 3, the Commission stated: "In the Commission's view, these guidelines serve a useful purpose in defining more accurately the scope of the high standard and balance requirements".
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In the case of this licensee, compliance with the requirements of the Act relating to high standard and balance in programming would require, at a minimum, compliance, from 1 September 1990, with the guidelines approved by the Commission on 13 October 1989 and, from approximately 20 November 1990, with the guidelines as amended and approved by the Commission in its letter to the licensee dated 15 November 1990.
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During CHRC's last licence term, the Commission received one formal complaint regarding on-air comments made by André Arthur. On the public file of CHRC's application for licence renewal considered at the 5 March 1991 Public Hearing, were transcripts of the recordings of certain programs hosted by André Arthur that had been submitted with the intervention by lawyers acting on behalf of the Quebec City daily newspaper Le Soleil. The logger tapes for the programs mentioned in the intervention were also filed by the licensee at the Commission's request. At the hearing, the licensee claimed that it had complied with all of the conditions of its licence, and that the small number of complaints and interventions filed demonstrated that there had been an improvement over the previous year.
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The licensee stated that, among the concrete measures taken, were adjustments to its programming, one result of which was that Mr. Arthur's involvment in his morning open-line program has been significantly reduced. It added that it had further strengthened the station's news and information programming by initiating a "super" newscast from 7:00 to 8:00 a.m., another news program from 6:30 to 7:00 p.m., and a 75-minute public affairs program in the afternoon.
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In response to Commission questioning, the licensee explained why it had requested the deletion of the condition of licence requiring it to make a daily on-air announcement of at least 30 seconds duration informing listeners of the existence of its guidelines. The licensee argued that it has been broadcasting the announcement since 1 September 1990, and the CRTC's objective has been achieved. It also stated that it received complaints from listeners when it began airing the announcement and that, judging from the small number of requests for copies of the guidelines, the announcement had aroused little interest.
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At the hearing the Commission asked the licensee about certain largely-negative on-air comments made by André Arthur concerning the announcement either before or after its daily broadcast. The comments are recorded on the logger tapes furnished to the Commission by the licensee. Mr. Jacques Duhamel, the president and general manager of the station, described the comments as "more or less acceptable" and "more or less appropriate". Mr. Duhamel added, at the hearing, that he condemned and did not endorse certain other remarks made by André Arthur which are contained in the recordings and which were referred to at the Public Hearing.
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After considering certain of the on-air comments by the host André Arthur on CHRC during his morning open-line program, as contained in the documentation filed with the intervention by the daily newspaper Le Soleil and heard in the corresponding recordings furnished by the licensee, the Commission finds that it still has reason to be seriously concerned regarding the licensee's compliance with its own guidelines relating to open-line programs and with the requirements of the Act relating to high standard and balance in programming.
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As explained clearly and at length in Decision CRTC 90-772, freedom of expression remains the Commission's primary concern. The Commission also emphasizes that, under paragraphs 3(1)(b) and (h) of the Act, broadcasting licensees use frequencies that are public property, and they are responsible for the programs they broadcast. Further, they are solely responsible for choosing their commentators, journalists, program hosts and guests. The Commission also notes that the Act authorizes it to issue, amend and renew licences subject to such conditions as it deems appropriate to the circumstances of each licensee, for the purposes of implementing the broadcasting policy for Canada set out in section 3 of the Act.
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The high standard of programming requirement set out in the Act is not easily defined. However, it can be applied through reference to the common values shared by our society, as developed through its education and democratic traditions. As indicated above, in the case of CHRC, compliance with the high standard and balance requirements, since 1 September 1990, has meant, at a minimum, compliance, as a condition of licence, with the licensee's own guidelines as amended.
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Because the documentation on file relating to this application and the statements made at the hearing have not shown, to the satisfaction of the Commission, that significant improvement has been made with regard to the situation outlined in Decision CRTC 90-772, the Commission has decided to renew the CHRC licence for one year only in order to further assess the licensee's willingness to adhere to its own guidelines, as a condition of licence, including paragraph 5 of the guidelines, which was included in condition 4 of Decision CRTC 90-772 by reference and which reads as follows:
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All persons mentioned on the air, whether they are present in the studio or not, are to be treated by the intervenors and the host with the basic respect owed to such persons in a free and democratic society.
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In addition, in view of the Commission's concerns as outlined above and the licensee's failure to provide adequate justification, the Commission denies the licensee's request to delete the condition of licence requiring it to make a daily on-air announcement on CHRC of the existence of its own guidelines. The Commission maintains the specific conditions of licence imposed upon CHRC at the last renewal. These conditions are numbered 1 to 4 and are set out in the appendix to this decision.
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It should be noted that the wording of condition 4 includes two minor amendments. One amendment was made to give the licensee some latitude to vary the content of the announcement it broadcasts, and the other to ensure that the announcement is aired immediately before the beginning of the open-line program that commences at approximately 8:00 a.m. from Monday to Friday.
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Allan J. Darling
Secretary General
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ANNEXE À LA DÉCISION CRTC 91-/434
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APPENDIX TO DECISION CRTC 91-434
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Conditions de la licence de CHRC/Conditions of the CHRC Licence
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1. The licensee is required to retain logger tape recordings of all material broadcast by CHRC for a period of six (6) months from the date of broadcast.
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2. The licensee is required to inform the Commission of any judgments or settlements regarding defamation actions taken against it and/or its host, André Arthur, as a consequence of on-air remarks by André Arthur during CHRC broadcasts.
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3. The licensee is required to adhere strictly to the requirements of its guidelines, as approved by the Commission in its letter dated 15 November 1990, and to provide a copy of these guidelines to any interested party upon request.
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4. The licensee is required to inform its audience of the existence of the guidelines referred to above. This shall be accomplished through one or more announcements of at least 30 seconds duration in a form approved by the Commission and broadcast by CHRC daily from Monday to Friday immediately before the beginning of the open-line program that commences at approximately 8:00 a.m. The announcement(s) shall mention that a copy of the guidelines will beii
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provided by the licensee to all interested parties upon request.
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5. The licensee is required to adhere to the guidelines on sex-role portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
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6. The licensee is required to adhere to 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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