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Ottawa, 19 August 1993
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Decision CRTC 93-447
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Radio Nord-Joli Inc.
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Saint-Gabriel-de-Brandon, Quebec - 922201900
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Licence renewal for CFNJ-FM
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Following a Public Hearing in Quebec City beginning on 4 May 1993, the Commission renews the licence for the type B community radio programming undertaking, CFNJ-FM Saint-Gabriel-de-Brandon, from 1 September 1993 to 31 August 1996, 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 term will enable the Commission to assess at an early date the licensee's compliance to 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 the station's logger tapes of the programming broadcast during the week of 3-9 November 1991. However, the tapes submitted by the licensee contained the programming for the week of 26-31 October 1991. In addition, the tapes submitted were inaudible or incomplete, and the Commission was unable to analyse the station's programming for that period. Since then, the licensee has advised the Commission that it has acquired new recording equipment and a new supply of video cassettes. The licensee also indicated that it has instituted a system for monitoring on a daily basis.
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The Commission views with great concern the licensee's failure to comply with this regulatory requirement and with the community radio policy. 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 informs licensees that it intends to use all means available in ensuring that the regulations are enforced in this regard.
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The Commission notes that the station will broadcast a minimum of 10% Category 3 music (Traditional and Special Interest) as a percentage of overall music programming.
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The Commission approves the application to amend the present condition of licence relating to advertising and replacing it by the following:
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It is a condition of licence that the licensee broadcast no more than 6 minutes of advertising in every hour of broadcast, and that it broadcast no more than an average of 4 minutes of advertising per hour of broadcast up to a total of 504 minutes of advertising per week.
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This amendment is 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 the small number of volunteer members working at this community station. In Public Notice CRTC 1993-38, the Commission, in defining the mandate and role of a community station, underlined the importance of allowing members of the community at large to play an active part in the management, operation and programming of a community station. Accordingly, in view of the size of the community served by this station, the Commission expects the licensee to take the necessary measures to encourage more volunteers to become actively involved in the station.
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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 licensee 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 Department of Communications has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of two years only, expiring 31 August 1995. 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.
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The Commission acknowledges the intervention submitted by the Association des radiodiffuseurs communautaires du Québec in support of this licence renewal application.
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Allan J. Darling
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Secretary General
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