ARCHIVED -  Decision CRTC 94-637

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Decision

Ottawa, 17 August 1994
Decision CRTC 94-637
Radio Carleton Inc.
Ottawa, Ontario - 931673800
Licence renewal for CKCU-FM
Following a Public Hearing in the National Capital Region beginning on 20 June 1994, the Commission renews the broadcasting licence for the campus FM radio programming undertaking CKCU-FM Ottawa, from 1 September 1994 to 31 August 1998, 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 shorter term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations).
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".
In this regard, the Commission requested the station's logger tapes of the programming broadcast on 1 and 8 December 1993 to investigate complaints. However, the tapes it received were blank. The tapes of programming broadcast on 5 and 12 January 1994 and 2 February 1994, also requested by the Commission to investigate complaints, were again found to be blank, while the tapes of 9 and 23 February 1994 were unavailable.
On 4 February 1994, the Commission asked the licensee to comment on the blank tapes. CKCU-FM responded on 8 February 1994 that it was unaware that its logging equipment had not properly taped its broadcasts, and that it would "address the problem of fixing or replacing the logger immediately." The licensee further advised the Commission in a letter dated 2 March 1994 that a replacement machine was expected to be installed within a week.
The Commission subsequently asked for the logger tapes of the programming broadcast on 10 March 1994 but the licensee was unable to provide the tape as requested for that date. The station indicated in a letter dated 11 March that new recording equipment was only in place for three days and that station personnel had not correctly activated the "record" function.
On 2 May 1994, the Commission again asked CKCU-FM for logger tapes and received complete and intelligible tapes.
The Commission views with concern the licensee's non-compliance with this regulatory requirement. It has noted the measures taken by the licensee and intends to monitor the licensee's performance during the new licence term to ensure that it complies at all times with the provisions of the regulations relating to logger tapes.
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 no more than 504 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour. Of the weekly total of 504 minutes, a maximum of 126 minutes may be conventional advertising. The remainder of advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.
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, consid-ered 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 Corporations)", the chairman or other presiding officer and each of the directors or other similar officers of the licensee must be Canadian citizens.
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/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.
The Commission acknowledges the interventions in opposition to this application submitted by the Catholic Civil Rights League and by REAL Women, concerning comments broadcast by CKCU-FM. The Commission notes that similar complaints were received previously from both interveners.
The Commission has carefully reviewed the interveners' comments as well as the licensee's replies in light of those interventions. In letters sent to the interveners and the licensee prior to the date of this decision and in response to the complaints, the Commission indicated that it considered CKCU-FM's responses to have adequately addressed the concerns expressed by the interveners.
The Commission also notes the intervention in support of this application submitted by Marc Grondin.
Allan J. Darling
Secretary General

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