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Ottawa, 19 March 1992
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Decision CRTC 92-183
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Radio-Péninsule Inc.
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Pokemouche, New Brunswick - 910052000
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Following a Public Hearing in Halifax beginning on 3 December 1991, the Commission renews the broadcasting licence for CKRO-FM Pokemouche from 1 April 1992 to 31 March 1994, subject to the conditions specified in this decision and in the licence to be issued. This period will allow the Commission to assess the licensee's compliance with the community radio policy and related conditions of licence as well as the Radio Regulations, 1986 (the regulations).
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For the reasons outlined below, the Commission denies the licensee's request to be relieved of the existing condition of licence that prohibits it from soliciting advertising in the community of Caraquet.
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The Commission called the licensee to appear at the hearing to discuss its apparent non-compliance with the community radio policy respecting advertising for Type B stations, its condition of licence that prohibits it from soliciting advertising in the community of Caraquet, and subsections 8(5) and 8(6) of the regulations, which require licensees 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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CKRO-FM commenced operations on 18 July 1988. In 1989, the Commission received complaints from Radio Acadie Ltée, licensee of CJVA Caraquet, alleging that CKRO-FM, as a Type B station, was broadcasting more advertising than it was authorized to broadcast under the community radio policy.
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On examining the CKRO-FM program log for the week of 11 to 17 December 1988, the Commission found the station to have exceeded the maximum level of 6 minutes of advertising per hour on 34 occasions during that week. A subsequent analysis of the programming broadcast during the week of 18 to 24 March 1990 revealed the station to have again exceeded the maximum authorized level of advertising several times on 21 March 1990.
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In addressing this matter, the licensee stated at the hearing that, when the station commenced operations in 1988, its advertising sales were considerably higher than forecast and, as a result, controls were not as strict as they might have been. It also indicated that it had exceeded the maximum level for advertising content several times in 1990 because it had misunderstood the definition of one of the advertising content sub-categories.
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The Commission notes the measures taken by the licensee to ensure compliance with the community radio policy, particularly the fact that it has now given one person sole responsibility for entering commercial messages in the program log. The Commission further notes the licensee's statement at the hearing that, with the experience it has acquired in recent years, as well as with the coming into effect of the new content categories and sub-categories on 1 September 1991, it is confident that it will now be able to comply with the Commission's requirements.
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The Commission's analysis of CKRO-FM's programming for 21 March 1990 also revealed that the station had broadcast two commercial messages directly soliciting advertising in Caraquet in contravention of its condition of licence. At the hearing, the licensee stated that it has modified the text of these messages so as to remove any concerns in this regard.
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The Commission further notes that the licensee requested to be relieved of the condition of licence prohibiting it from soliciting advertising in the community of Caraquet which the Commission has denied.
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With respect to logger tapes, the Commission notes that, on two occasions during the current licence term, for the programming broadcast on 19 May 1989 and 18 March 1990, the licensee advised the Commission that it was unable to provide complete logger tapes.
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The licensee stated at the hearing that these occurrences were the result of operator error, and that it had eliminated the problem by simplifying the procedure for the daily replacement of tapes. It also advised that it has installed a warning light in the broadcast studio to indicate malfunctions with the recording equipment, and has established a procedure for resetting the equipment. The Commission views with great concern the licensee's failure to comply with the community radio policy, its condition of licence and the regulations. It intends to monitor the licensee's performance during the new licence term, and directs the licensee to take all necessary measures to ensure that it complies with the requirements relating to advertising and logger tapes at all times.
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It is a condition of licence that the licensee broadcast no more than an average of 4 minutes of advertising per hour per day, with a maximum of 6 minutes per hour, in accordance with the community radio policy for Type B stations.
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In addition, as made clear earlier in this decision, it remains a condition of licence that the licensee not solicit advertising in the community of Caraquet.
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The licensee's request for relief from this condition of licence was the subject of opposing interventions presented jointly at the hearing by Radio Acadie Ltée and Rolland Thériault, and a written intervention submitted by the Syndicat des travailleurs de Radio Acadie Ltée and Radio de la Baie Ltée.
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Having considered the arguments of both the licensee and the interveners, as well as all of the information on file pertaining to this licence renewal, the Commission is not convinced that removal of this condition of licence is warranted. In reaching this determination, the Commission has also taken into account CJVA's financial situation, and the fact that CKRO-FM's 1989 and 1990 revenues were considerably higher than the levels forecast in the original licence application.
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The Commission reminds the licensee that, as stipulated in Decision CRTC 87-576, it is authorized to operate a community radio station in a market that is also served by two other French-language radio stations, these being CJVA, whose principal market is Caraquet, and CKLE-FM Bathurst.
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Accordingly, the Commission expects CKRO-FM to offer radio services that enhance the diversity of the services available in the market and are designed to promote maximum involvement of community members, as required under the 1985 community radio policy. The Commission further expects the licensee to offer a quality radio service. At the same time, the licensee should avoid placing undue emphasis on high production standards or on its competitive position in the market, and should diversify its revenue sources as much as possible.
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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. The Commission acknowledges the 22 written interventions submitted in support of CKRO-FM's licence renewal application.
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Allan J. Darling
Secretary General
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