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Ottawa, 29 October 1993
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Decision CRTC 93-656
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Radio Western Inc.
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London, Ontario - 922329800
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Licence renewal for CHRW-FM
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Pursuant to Public Notice CRTC 1993-59 dated 5 May 1993, the Commission renews the broadcasting licence issued to Radio Western Inc. (Western) for the campus/community radio programming undertaking CHRW-FM London, from 1 November 1993 to 31 August 2000, 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.
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Three interventions were received by the Commission expressing opposition to the application as filed, including one submitted by the Volunteer Advocates for Campus/Community Radio (VACCR), a joint intervention by Allan Bernardi, Arun Konanur and Robin Parmar, and a third intervention submitted by Brian Hannigan.
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The concerns raised by these interveners have regard to the structure and function of the licensee's board of directors and its management style, Western's compliance with the current Promise of Performance, perceived shortcomings contained in its proposed Promise of Performance, the licensee's compliance with the Commission's policy for campus radio and with sex-role portrayal guidelines, and its performance in the area of employment equity. The interveners pointed out that there are only five elected directors serving on Western's board, and not the nine specified in the licensee's by-laws. VACCR further argued that the licensee had effectively delegated its responsibilities for the station to management personnel. The intervener also stated that, because station management establishes all basic policies, volunteers no longer actively participate in the decision-making process.
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In its reply, Western stated that its board of directors is properly constituted. It added that the board approves the station's policies and that CHRW-FM management oversees their implementation and ensures that the station operates in compliance with CRTC regulations and policies. It also noted that over fourteen volunteers participate with paid staff in management activities.
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The Commission notes the interveners' concerns regarding the station's management structure and the diminished role of volunteers in decision making. Under the Broadcasting Act, however, and subject to generally applicable policies and regulations of the Commission, responsibility for the day-to-day operations of the station ultimately rests with the licensee. It is a common practice of licensees, including those of not-for-profit stations, to hire and assign responsibility to management staff. Management style is not a Commission concern so long as a station is being operated in accordance with the applicable regulations and policies.
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Similarly, with respect to the interveners' claim that the number of individuals serving on Western's board of directors falls short of the number specified within the licensee's bylaws, the Commission considers that concerns regarding this particular matter fall outside of its purview and should be dealt with pursuant to the legislation governing not-for-profit organizations. The Commission's involvement in this area is to ensure compliance by the licensee with the following condition of licence concerning management and programming. This condition, as revised to reflect the Commission's recent review of campus and community radio (Public Notice CRTC 1992-38), is applicable to Western, as well as to the licensees of all other campus stations.
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It is a condition of licence that the licensee retain full control over all decisions concerning the management and programming of this station and that representatives of the student body, faculty, alumni or administration representatives of the university or college with which the station is associated, considered together, form the majority of the board of directors. In addition, the Commission reminds the licensee that, in accordance with the requirements of the "Direction to the CRTC (Eligible Canadian Corporation)", the chairman or other presiding officer and each of the directors or other similar officers of the licensee must be Canadian citizens.
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As for Western's compliance with its current Promise of Performance, VACCR argued that the station has dropped certain programs and is now airing more sports than originally proposed. With respect to programming plans for the upcoming licence term, VACCR stated that, although Western has indicated that it broadcasts live concerts and live readings from the Forest City Gallery, these events no longer occur. VACCR also expressed concern that the station had implemented a playlist consisting of fifty musical selections. Announcers were then required to program at least 3 selections each hour from this playlist during general music programs.
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Western responded by indicating that its program schedule may vary because of seasonal factors, but that, overall, the station is and will remain in compliance with its Promise of Performance. The Commission acknowledges the interveners' concerns that certain live concerts and readings mentioned in the proposed Promise of Performance have been cancelled. At the same time, the Commission notes that the broadcast of particular programs is not a Promise of Performance commitment, and that the broadcast of additional spoken word material by campus/community stations, including sports, is generally considered to be a positive feature. With respect to the particular musical selections programmed, the Commission's concern is limited to whether the licensee is meeting the commitments set out in its Promise of Performance. In this respect, the licensee has indicated that Promise of Performance commitments are being met and that CHRW-FM is programming a higher level of Canadian music than required under the Radio Regulations, 1986.
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As outlined in Public Notice CRTC 1992-38, the campus radio policy provides for a variety of campus radio stations, with varying degrees of participation by students and members of the community at large. The Commission reminds the licensee that the provision of alternative programming is paramount. The Commission also considers that campus/community stations have an important role to play in providing exposure for new Canadian talent. It therefore expects the licensee to ensure that alternative programming continues to be available in the station's schedule throughout the upcoming licence term. The Commission also reminds Western that, although the broadcast of particular programs is not required by condition of licence, initiatives that support the development of Canadian talent should be pursued throughout the upcoming licence term and any particular initiatives that have been discontinued should be replaced.
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With regard to the interveners' remaining concerns about Western's compliance with sex-role portrayal guidelines and its performance in the area of employment equity, the Commission reminds the licensee that adherence to the Canadian Association of Broadcasters' "Sex-Role Portrayal Code for Television and Radio Programming" has been and will continue to be a condition of licence.
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Further, 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 campus 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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In accordance with Public Notice CRTC 1993-38 dated 19 April 1993 entitled "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations", the Commission authorizes the licensee, by condition of licence, to broadcast up to 504 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour.
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Of the weekly total of 504 minutes, a maximum of 126 minutes of conventional advertising may be broadcast each broadcast week. The remainder of advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.
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The Commission notes that the station will broadcast a minimum of 20% Category 3 music (Traditional and Special Interest) as a percentage of overall music programming.
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The Commission acknowledges receipt of numerous interventions in support of this application received from a range of individuals and organizations including ethnic groups, the Aids Committee of London, representatives of the various faculties of the university, students involved in co-op programs, station volunteers, music industry representatives, and listeners.
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Allan J. Darling
Secretary General
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