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Ottawa, 19 August 1993
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Decision CRTC 93-441
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La Radio communautaire Francophone de Montréal Inc.
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Montréal, Quebec - 922149000
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Licence renewal for CIBL-FM
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Following a Public Hearing in Quebec City beginning on 4 May 1993, the Commission renews the broadcasting licence of CIBL-FM Montréal, from 1 September 1993 to 31 August 1995, subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued. This two-year term will enable the Commission to assess, at an early date, the licensee's compliance with the provisions of the Radio Regulations, 1986 (the regulations).
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Subsections 8(5) and 8(6) of 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 that the licensee submit the station's logger tapes of the programming broadcast during the week of 3 to 9 November 1991. In responding to this request, the licensee informed the Commission that it was unable to supply the requested logger tapes because of a breakdown in its recording apparatus. The licensee explained that, despite very strict operating instructions and visual indications that the equipment was operating properly, a build-up of residue had prevented the recording head from functioning correctly.
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At the public hearing, the licensee acknowledged its non-compliance with the regulatory requirements. It reported that it has since taken additional corrective measures, including the direct connection of a speaker to the recording apparatus to create an audible signal, as verification of the visual indicators of the equipment's proper operation. It added:
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[TRANSLATION]
We are aware of the importance of the matter of logger tapes... As much for the CRTC as for our own protection, we are fully aware that a responsible radio station must maintain logger tape equipment in good working order.
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The Commission views with very serious concern the licensee's non-compliance with this regulatory requirement. It notes that this is the fourth time in five years that the licensee has been unable to submit logger tapes requested by the Commission (see also Decisions CRTC 88-830 and 90-654). In light of these repeated incidents of non-compliance, the Commission has decided to renew the licence of CIBL-FM for two years only. Further, it puts the licensee on notice that any subsequent infraction of the regulations may result in it being called to a public hearing to show cause why an order should not be issued by the Commission. As stated in Public Notice CRTC 1993-122, of today's date, entitled "Compliance with the Provisions of the Radio Regulations, 1986 Relating to Logger Tapes", the Commission reminds licensees of the requirement to ensure the availability at all times of complete and intelligible logger tapes, and it informs licensees that it intends to use all means available to ensure adherence to the regulations in this area.
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The Commission approves the application to amend the licence of CIBL-FM by deleting the existing condition of licence concerning advertising and replacing it with the following: It is a condition of licence that the licensee broadcast no more than 6 minutes of advertising in every hour of broadcasting and that, on average, it broadcast no more than 4 minutes of advertising per hour of broadcast, up to a total of 504 minutes of advertising per week.
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Notwithstanding the above, the Commission authorizes the licensee to broadcast up to 8 minutes of advertising per hour during ethnic programs. The Commission notes that these two amendments are in accordance with the community radio policy for Type B stations, announced in Public Notice CRTC 1992-38 dated 29 May 1992.
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The Commission notes that the licensee will maintain a minimum of 11.5% Category 3 music (Traditional and Special Interest) within its overall music programming.
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At the hearing, the licensee described the station's progress and accomplishments in the period since the power increase authorized by the Commission in 1988. It emphasized the acceptance it now finds throughout the City of Montréal and the success it enjoys as a result, both from a financial standpoint and in terms of the number of its members, which now stands at 1,400. The Commission also notes the licensee's plan to establish a radio training school, which will enable it to broaden the scope of the various courses that it currently offers in co-operation with the Rosemont and Maisonneuve CEGEPs.
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In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It considers that community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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The Commission acknowledges the written intervention submitted by the Association des radiodiffuseurs communautaires du Québec in support of this licence renewal.
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Allan J. Darling
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Secretary General
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