ARCHIVED - Public Notice CRTC 1993-122
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Public Notice |
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Ottawa, 19 August 1993
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Public Notice CRTC 1993-122
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Compliance with the Provisions of the Radio Regulations, 1986 Relating to Logger Tapes
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Subsections 8(5) and 8(6) of the Radio Regulations, 1986 (the regulations) requires that all licensees retain, for a period of at least four weeks from the date of broadcast, a clear and intelligible tape recording or other exact copy of all matter broadcast and furnish it to the Commission upon request.
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During the 1992-1993 broadcast season, the Commission processed licence renewal applications for the vast majority of community radio stations. Fifteen of the 23 stations that filed renewal applications were unable on at least one occasion to furnish clear and intelligible logger tapes. In addition, five commercial stations and three campus stations were unable to furnish the Commission with logger tapes. However, in most of these cases, the problem was resolved by the time a second request was made by the Commission.
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The Commission called three community radio licensees to the Public Hearing in Quebec City on 4 May 1993 to explain their non-compliance with subsection 8(5) of the regulations relating to logger tapes. Two such cases involved repeated non- compliance: La Radio Communautaire Francophone de Montréal Inc. (CIBL-FM) and Radio Centre-Ville Saint-Louis (CINQ-FM) had experienced continuing problems in this area since 1988. As for Campus Laval FM Inc. (CKRL-FM Quebec), the licensee had neither responded to requests to submit logger tapes nor provided explanations regarding its failure to submit logger tapes. In Decision CRTC 93-440 issued today, the Commission has renewed the CKRL-FM licence for three years in order to monitor the licensee's performance in this regard. In Decisions CRTC 93-441 and 93-442 respectively, the Commission has renewed the licences of CIBL-FM and CINQ-FM for two years only, and has advised the licensees that the next contravention of the regulations could result in their being called to a public hearing to show cause why an order should not be issued. Attached is a list of the radio stations that were granted short-term licence renewals in 1993 because of non-compliance with the logger tape requirements.
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The authority to issue orders under subsection 12(2) of the Broadcasting Act (the Act) gives the Commission a new means of enforcing conditions of licence and regulations. A licensee who fails to comply with a regulation or condition of licence after an order is filed in the appropriate court may be found in contempt of court and penalized.
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Access by the Commission to complete, clear and intelligible logger tapes is particularly important because it enables the Commission to monitor the programming broadcast by a station for compliance with regulations and conditions of licence, and to investigate complaints by the general public regarding such programming.
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In Public Notice CRTC 1986-268 dated 29 September 1986 and entitled "Provision of Logger Tapes Regulations", the Commission indicated the following:
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Part of the responsibility which a broadcasting licensee undertakes is the responsibility for maintaining tapes, and the investment in adequate taping equipment and back-up equipment is a part of the necessary expense of operating a licensed broadcasting station. The financing of proper taping equipment is not a discretionary expenditure, and if a licensee cannot or will not assume it the licensee is not entitled to operate a broadcasting undertaking.
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To enable the Commission to safeguard the public interest, all licensees are hereby advised that the Commission will continue to monitor closely their compliance in this respect and intends to use every available means to enforce the regulations.
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The Act provides that any licensee contravening a regulation is subject to enforcement action via a Commission order or through the courts. Continued non-compliance can result in more serious measures, including suspension, non-renewal or revocation of the licence. The Commission intends to apply these measures in the case of licensees who fail to comply with CRTC policies and regulations.
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Allan J. Darling
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Secretary General
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APPENDIX/ANNEXE
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Licensee/ Call sign - Location/
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Titulaire Indicatif d'appel - Endroit
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Campus Laval FM Inc. CKRL-FM, Quebec City/Québec (Québec)
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La Radio Communautaire Francophone CIBL-FM, Montréal (Québec)
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de Montréal Inc.
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Radio Centre Ville Saint-Louis CINQ-FM, Montréal (Québec)
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Radio Communautaire de Fermont Inc. CFMF-FM, Fermont (Québec)
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Radio Communautaire de CFTH-FM-1 et CFTH-FM-2
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Harrington Harbour Harrington Harbour/La Tabatière (Québec)
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Radio Communautaire de l'Estrie CFLX-FM, Sherbrooke (Québec)
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Radio Communautaire de Châteauguay Inc. CHAI-FM, Châteauguay (Québec)
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Radio Nord-Joli Inc. CFNJ-FM Saint-Gabriel-de-Brandon (Québec)
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La Coopérative des Montagnes Limitée CFAI-FM, Edmunston (New Brunswick/Nouveau-Brunswick)
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Wired World Inc. CKWR-FM, Waterloo (Ontario)
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CKAN 1984 Limited CKDX, Newmarket (Ontario)
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Student Media-University of Windsor CJAM-FM, Windsor (Ontario)
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