ARCHIVED -  Decision CRTC 94-673

Decision

Ottawa, 23 August 1994

Decision CRTC 94-673

Radio MF Charlevoix Inc.

Saint-Hilarion, La Malbaie and Rivière-du-Gouffre, Quebec - 932269400

Licence renewal; Issuance of a Mandatory Order

Following a Public Hearing in the National Capital Region beginning on 20 June 1994, the Commission renews the broadcasting licence for the radio programming undertaking consisting of CIHO-FM Saint-Hilarion and its transmitters CIHO-FM-1 La Malbaie and CIHO-FM-2 Rivière-du-Gouffre, 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 this decision and in the licence to be issued.

The Commission called Radio MF Charlevoix Inc. to appear at the June 1994 hearing to discuss its apparent non-compliance with section 8 of the Radio Regulations, 1986 (the regulations) which requires each licensee to retain, for a period of at least four weeks from the date of broadcast, and to furnish to the Commission upon request, "a clear and intelligible tape recording or other exact copy of all matter broadcast." In Notice of Public Hearing CRTC 1994-7 dated 22 April 1994, the Commission advised the licensee that it would be expected to show cause at the hearing why the Commission should not issue a mandatory order requiring it to comply with section 8 of the regulations.

During the current licence term, the Commission requested the licensee to submit the station's logger tapes of the programming broadcast during the week of 30 May to 5 June 1993. In a letter dated 25 June 1993, the licensee advised the Commission that it could not furnish a recording of the programming broadcast on Saturday, 5 June between 8:00 a.m. and 2:00 p.m. The licensee explained that the host neglected to start the tape recorder.

At the hearing, the licensee emphasized that since the date in question, a [TRANSLATION] "system of dual verification is in effect to ensure that this does not happen again; in addition, a system consisting of two tape recorders is used." It also stated that staff had been assigned various responsibilities in this regard.

When asked, the licensee undertook to inform the Commission immediately of any future malfunction or problem relating to logger tapes. In response to a question regarding the availability of an emergency power source in the event of electrical failure at the tape recorder location, the licensee indicated that it did not have such a system.

The Commission notes that this renewal is the third consecutive short-term renewal that the Commission has granted to the licensee in five years. In 1989 (Decision CRTC 89-917), the Commission renewed the licence for CIHO-FM for a 32-month term because of the licensee's non-compliance with commitments in its Promise of Performance relating in part to the broadcast of locally-produced programming and of Category 3 music.

In 1992 (Decision CRTC 92-627), a renewal for only two years was granted due to the licensee's non-compliance with the logger tape provisions of the regulations and the commitments in its Promise of Performance relating to Category 3 music.

The Commission views with very serious concern the repeated non-compliance of Radio MF Charlevoix Inc. with regulatory requirements. In Public Notice CRTC 1986-268 dated 29 September 1986 and entitled "Provision of Logger Tapes Regulations", the Commission stated that "the availability of a complete, clear and intelligible logger tape is particularly important as it allows the Commission not only to initiate its own verification of programming but also act on complaints from the general public concerning programming matters."

More recently, in Public Notice CRTC 1993-122 dated 19 August 1993 and entitled "Compliance with the Provisions of the Radio Regulations, 1986", the Commission reminded licensees of the requirement to ensure the availability at all times of complete and intelligible logger tapes, and informed licensees that it intended to use all means available to ensure adherence to the regulations in this area.

Given the licensee's repeated non-compliance and the public notices referred to above, and after considering the licensee's explanations for the non-compliance provided at the hearing, as well as the licensee's plans for ensuring future compliance, the Commission is of the view that an order requiring the licensee to comply with the logger tape provisions of the regulations is warranted in the circumstances. Accordingly, the Commission has decided to issue Mandatory Order 1994-3 set out in the appendix to this decision. The mandatory order will be in effect for the period of the new licence term, which the Commission has determined will be for two years.

The Commission will file a certified copy of this mandatory order with the registrar of the Federal Court. As set out in subsection 13(1) of the Broadcasting Act, the Commission's mandatory order will then become an order with the registrar of the Federal Court, and will be enforceable in the same manner as an order of the Court. According to the Federal Court Rules, anyone who disobeys an order of the Court is guilty of contempt of court.

If, at any time during the new licence term, the licensee should fail to comply with the requirement to keep a clear and intelligible logger tape or to furnish it to the Commission upon request, the Commission would provide evidence of such failure to the Federal Court. Radio MF Charlevoix Inc. would then be required to appear before the Federal Court on a charge of contempt of court. If the licensee were found guilty, it would be found in contempt of court and liable to a fine as provided for by the Federal Court Rules.

While granting the licensee another short-term renewal, the Commission refers the licensee to Public Notice CRTC 1993-122, and emphazises that it has recourse to other measures in the event of any future non-compliance with the regulations, including suspension, non-renewal or revocation of the licence.

The Commission approves the application to amend CIHO-FM's licence by increasing the maximum level of advertising from 13% to 15% of the broadcast week, that is to say from 8 minutes to a maximum of 9 minutes per hour. The licensee is reminded that, while CIHO-FM is licensed as an independent FM broadcasting undertaking, it is essentially a community-owned and community-oriented station.

The Commission notes that the licensee committed at the Public Hearing to continue to refrain from soliciting advertising on the south shore of the St-Lawrence River.

The Commission notes that during the new licence term the station will broadcast a minimum of 3 hours of Category 3 music per week. The Commission expects the licensee to fully adhere to its commitment in this regard.

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 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.

Allan J. Darling
Secretary General

APPENDIX TO DECISION CRTC 94-673/ANNEXE À LA DÉCISION CRTC 94-673

Mandatory Order 1994-3

Radio MF Charlevoix Inc., the licensee of CIHO-FM Saint-Hilarion and its transmitters CIHO-FM-1 La Malbaie and CIHO-FM-2 Rivière-du-Gouffre, Québec, is hereby ordered, pursuant to subsection 12(2) of the Broadcasting Act, to comply, at all times within the term of the licence granted in Decision CRTC 94-673 dated 23 August 1994, with subsections 8(5) and 8(6) of the Radio Regulations, 1986 as set out below:

8.(5) A licensee shall retain a clear and intelligible tape recording or other exact copy of all matter broadcast

(a) for four weeks from the date of the broadcast; or

(b) where the Commission receives a complaint from any person regarding the matter broadcast or for any other reason wishes to investigate it and so notifies the licensee before the expiration of the period referred to in paragraph (a), for eight weeks from the date of the broadcast.

8.(6) Where, before the expiry of the applicable period referred to in subsection (5), the Commission requests from the licensee a clear and intelligible tape recording or other exact copy of matter broadcast, the licensee shall furnish it to the Commission forthwith.