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Ottawa, 15 July 1991
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Decision CRTC 91-487
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Radio Nord-Joli Inc.
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Saint-Gabriel-de-Brandon, Quebec - 902513100
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Following a Public Hearing held in Quebec City beginning on 5 March 1991, the Commission renews the broadcasting licence for community FM radio station CFNJ-FM Saint-Gabriel-de-Brandon from 1 October 1991 to 31 August 1993, subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to consider the renewal of this licence following the review of the community radio policy and to monitor the licensee's compliance with the regulatory requirements pertaining to logger tapes.
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The licensee requested a reduction in the amount of category 6 programming (Music-Traditional and Special Interest) from 8 hours to 4 hours 37 minutes per week.
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The Commission considers that a departure from its policy is not warranted in this case and denies this proposal. Accordingly, the licensee is required to continue to broadcast a minimum of 8 hours per week of such programming. The Commission expects the licensee to submit, within three months of the date of this decision, a revised Promise of Performance reflecting the Commission's requirement in this regard.
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The Commission notes the proposed decrease in the level of foreground programming from 20 percent to 15 percent per week, which will still allow the licensee to provide an acceptable level of spoken word programming. The Commission notes in this regard that the changes to the FM policy set out in Public Notice CRTC 1990-111 will come into effect on 1 September 1991, and that, as of that date, the Commission will no longer impose requirements with regard to foreground programming.
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Subsections 8(5) and 8(6) of the Radio Regulations, 1986 (the regulations) require each licensee to retain, for a period of at least four weeks from the date of broadcast, and furnish to the Commission upon request "a clear and intelligible tape recording or other exact copy of all matter broadcast".
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In this regard, the Commission requested the station's logger tapes of the programming broadcast during the week of 18 to 24 March 1990. The information contained in the logger tapes was incomplete. During a visit by two analysts from the Commission in June 1990, the station requested clarification of the terms used by the Commission and of the requirements relating to licence renewal.
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The Commission then requested the logger tapes for the programming broadcast during the week of 15 to 21 July 1990. The licensee indicated that the logger tapes did not cover programming broadcast from 6:00 p.m. to midnight on five of the seven days of that week. The licensee attributed this omission to the newness of the system and the inexperience of a new program host. The Commission reiterates the importance that the licensee ensure that appropriate measures are taken to adhere to the regulations at all times. It will closely monitor the licensee's performance in this regard during the new licence term.
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It is a condition of licence that the licensee not broadcast more than 4 minutes of advertising per hour per day on average, with a maximum of 6 minutes in any single hour, pursuant to the community radio
policy for Type B stations.
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It is a condition of licence that the licensee 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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It is also a condition of licence that the licensee 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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The Department of Communications has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of one year only, expiring 31 August 1992. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to subsection 22(1) of the Broadcasting Act pertaining to the technical certification of broadcasting undertakings and to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect. The Commission acknowledges the 22 written interventions filed in support of the renewal of this licence.
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Allan J. Darling
Secretary General
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