ARCHIVED -  Decision CRTC 94-665

Decision

Ottawa, 23 August 1994

Decision CRTC 94-665

Radiomutuel Inc.

Chicoutimi, Quebec - 932389000

Licence renewal for CKRS

Following a Public Hearing in the National Capital Region beginning on 20 June 1994, the Commission renews the broadcasting licence for CKRS Chicoutimi, from 1 September 1994 to 31 August 1996, subject to the conditions in effect under the current licence, as well as to those conditions specified in the licence to be issued.

This term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations) and the Commission's expectations regarding the Politique de Radiomutuel en matière de contenus (the Policy).

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."

The Commission requested the licensee to submit the logger tapes of the programming broadcast by CKRS during the week of 21 to 27 March 1993. In a letter dated 26 April 1993, the licensee acknowledged that a six-hour segment was missing from the logger tapes of programming broadcast by CKRS on 21 and 27 March; it advised that this was due to a defect in its recording equipment. The licensee stated that it acquired new recording equipment in April 1993 and assured the Commission that the problem was rectified.

The Commission views with serious concern the licensee's non-compliance with the logger tape provisions of the regulations. The Commission intends to monitor closely the performance of the station during the new licence term, and requires the licensee to take all necessary measures to adhere to its commitments and the requirements of the regulations at all times.

The Commission notes that the licensee plans to decrease local program production at CKRS from 61 hours to 36 hours a week. The Commission received interventions concerning this proposal from Mr. André Caron, Member of Parliament for Jonquière, as well as from the City of Jonquière, the Jonquière Radio Employees' Union, and the Conseil des usagers des médias de la Sagamie. These interveners are concerned about the impact of the decrease in local production on the level of service provided to the community and on the station's local identity.

In reply, the licensee stated that this proposal is part of its effort to balance local programming and provincial programming in light of the current economic climate and taking into account the characteristics of the Radiomutuel radio network. It noted that [TRANSLATION] "this commitment is in fact a minimum level as it does not include the broadcast time that the station devotes to local news, promotions and community-oriented information outside peak listening periods." The licensee added that the station provides a local presence at all times throughout the day and at peak weekend listening periods, and that the program schedule allocates the peak periods to local programs.

Certain of the local interveners also expressed concern that the CKRS studios had been moved from Jonquière to Chicoutimi during the current licence term. In response, the licensee noted that Decision CRTC 93-123 dated 14 April 1993 approved a licence amendment for CKRS, which effectively permitted the licensee to change its studio location without the need for any prior approval of the Commission. At the hearing, the licensee reiterated a commitment to the local community to establish an auxiliary CKRS studio at Jonquière as soon as the financial situation permits. It indicated that it expected this to occur in the very near future.

Prior to the hearing, the Commission informed the licensee that it wished to discuss at that time, several complaints filed with the Commission regarding on-air comments by CKRS radio hosts. This matter was also raised in interventions by the Assembly of First Nations, the Mohawk Council of Kahnawake, the Ligue des droits et libertés - Saguenay/Lac St-Jean Region, and Alice H. Hill.

In a letter to one of the complainants, the licensee stated the following [TRANSLATION]:

Radiomutuel readily acknowledges that some language used by Mr. Champagne was coarse, excessive and gratuitous. This language constituted a clear violation of Radiomutuel's guidelines on spoken word content and possibly a serious infraction of the high quality requirement of the Broadcasting Act.

Following a discussion of this matter at the public hearing, the licensee agreed to rectify certain deficiencies and unclear elements of the Policy, and made some additional amendments on its own initiative. The Commission notes that the revised Policy, dated 29 June 1994, includes the following new guidelines:

- [TRANSLATION] Coarse and/or vulgar language is not appropriate on the stations' programs;

- Individuals and groups are entitled to respect, and they should not be harassed, insulted or ridiculed;

- Radiomutuel AM stations will broadcast a message every day to inform listeners that any person, group, association or undertaking, etc., has a right to respond if they feel offended by any observation, remark, interview, statement or report relating to them.

Concerning the right to respond mentioned above, the Commission reminds the licensee that, as elsewhere contemplated within its Policy, offensive language or content that violates the Broadcasting Act or the regulations cannot be justified by offering air time to offended parties. For example, the Commission would not accept racist programming merely because air time was provided for a response.

After detailed examination, the Commission approves Radiomutuel's revised Policy dated 29 June 1994. In line with the commitment Radiomutuel made at the public hearing, the Commission expects the licensee to adhere faithfully to the guidelines in its Policy as approved by this decision. The Commission considers that a copy of this new Policy should be provided to CKRS on-air hosts. It also expects the licensee to provide a copy of the Policy to anyone who requests it. In addition, when the Commission so requests, it expects Radiomutuel to inform it promptly of any judgment or out-of-court settlements arising from legal proceedings against CKRS or CKRS hosts with respect to on-air remarks.

The Commission received several complaints about the use of the expression "sauvage(s)" [savage(s)] with reference to natives on CKRS broadcasts. This matter was mentioned by some interveners and raised when the licensee appeared at the public hearing. The Commission notes the statement by the licensee that the word "sauvage" is a pejorative term that certainly should not be used when speaking of Amerindians, and that it will instruct its hosts not to use it. The foregoing confirms the view expressed in the licensee's letter to the Commission dated 30 May 1994, responding to complaints, in which it stated that this term is no longer to be used in Radiomutuel broadcasts.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent. As part of its renewal application, the licensee did not indicate any direct expenditures to Canadian talent development because of the station's financial difficulties. The Commission will expect the licensee to make direct cost contributions to the development of Canadian talent once the station achieves a positive operating income, the profit before interest and tax (PBIT) index being the primary profitability indicator. For the time being, the Commission encourages the licensee to find other ways to support and promote local and regional talent.

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 encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

Allan J. Darling
Secretary General