ARCHIVED -  Decision CRTC 94-107

Decision

Ottawa, 25 March 1994

Decision CRTC 94-107

Radio Péninsule Inc.

Pokemouche, New Brunswick - 930940200

Renewal of the licence for CKRO-FM

Following a Public Hearing in Fredericton beginning on 7 December 1993, the Commission renews the licence for the Type B community radio programming undertaking CKRO-FM Pokemouche from 1 April 1994 to 31 March 1996, subject to the conditions of licence in effect under the current licence, as well as to those in this decision and in the licence to be issued. This two-year term will allow the Commission to assess at an early date the licensee's compliance with its conditions of licence and with the Radio Regulations, 1986 (the regulations).

For the reasons outlined below, the Commission again denies the licensee's request to be relieved of the existing condition of licence prohibiting it from soliciting advertising in Caraquet.

In Decision CRTC 92-183, the Commission renewed the CKRO-FM licence for a short term in light of several violations related to advertising and logger tapes. It also stated that the licensee's performance would be monitored closely during the licence term.

The Commission's analysis and the licensee's self-assessment of CKRO-FM's programming broadcast during the week of 25 April to 1 May 1993 revealed that the licensee failed to achieve the minimum level of 65% French-language vocal music which it had committed to provide in its Promise of Performance, and which it was thus required to achieve by condition of licence. The licensee stated that this problem was caused by a reduction in the number of hours worked by the persons in charge of programming and supervising volunteers, and by the subsequent broadcast of several substandard programs produced by volunteers.

The Commission views with grave concern the licensee's failure to comply with its Promise of Performance. It notes that this is the second licence renewal for CKRO-FM since the station began broadcasting in 1988, and that, on each occasion, the Commission has found it neces-
sary to issue a short-term renewal because of the licensee's failure to honour its commitments. The requirement for French-language radio stations to devote 65% or more of their category 2 vocal music selections each broadcast week to French-language selections is now part of the regulations (Public Notice CRTC 1993-173 dated 8 December 1993). The Commission requires that the licensee take all necessary measures to comply at all times with its conditions of licence, the regulations, and the community radio policy.

The licensee stated that it issued strict instructions in August 1993 aimed at rectifying the problem regarding French-language music. These instructions require that all vocal music selections broadcast by CKRO-FM between 6 a.m. and 4 p.m. Monday to Friday be in the French language, and that programs broadcast at other times contain at least 50% French-language music, except for special music programs. After these measures were implemented, the licensee reported that its level of French-language vocal music was 72% in August 1993, 76% in October 1993, and 75% in the week of 14-21 November 1993. The licensee stated that its objective is to maintain a level of 75% French-language music, and reiterated its pledge to promote the French language and the Acadian culture.

The Commission notes that the station intends to devote a minimum of 3.8% of all musical programming to Category 3 (Traditional and Special Interest) material.

The Commission approves the request to amend the existing condition of licence relating to advertising and substitutes therefor the following condition:

 It is a condition of licence that the licensee broadcast no more than 6 minutes of advertising in any given broadcast hour, and that, on average, it broadcast no more than 4 minutes of advertising per broadcast hour up to an overall total of 504 minutes of advertising per week.

This amendment is consistent with the community radio policy for Type B stations as set out in Public Notice CRTC 1992-38 dated 29 May 1992.

As stated at the beginning of this decision, it will continue to be a condition of licence that the licensee of CKRO-FM not solicit advertising in Caraquet.

In deciding again to deny the request to delete this condition of licence, the Commission considered the arguments put forward by the licensee and in the opposing intervention submitted by Radio Acadie Ltée, the licensee of radio station CJVA Caraquet. The Commission considers that the economic factors which influenced its decision to impose this condition of licence in 1987 and to deny the request to remove it in 1992 continue to exist. It is not convinced by the licensee's arguments that full or partial relief from this condition of licence is warranted under the current circumstances.

In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that broadcasters' practices in this regard would be examined in future. It considers that community radio stations should be especially attentive to this issue in order to fully reflect the communities they serve. Accordingly, the Commission encourages the licensee to take employment equity issues into account in its hiring practices and in other aspects of human resources management.

The Commission notes the intervention submitted by the Alliance des radios communautaires du Canada Inc. in support of this licence renewal application.

Allan J. Darling
Secretary General