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Ottawa, 23 August 1994
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Public Notice CRTC 1994-105
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Non-compliance by Radiomutuel Inc. with provisions of the Radio Regulations, 1986 with respect to Canadian content and French-language vocal music
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In Notice of Public Hearing CRTC 1994-7-1, the Commission called Radiomutuel Inc. (Radiomutuel), licensee of CJMS and CKMF-FM Montréal, to appear at a Public Hearing in the National Capital Region beginning on 20 June 1994, to discuss its apparent non-compliance with subsection 2.2(3) of the Radio Regulations, 1986 (the regulations) with respect to Canadian content and with the policy (and since 8 December 1993, with subsection 2.2(5) of the regulations) concerning the broadcast of French-language vocal music.
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Subsection 2.2(3) of the regulations requires that 30% or more of all category 2 musical selections broadcast each week be devoted to Canadian selections. The self-assessment filed by the licensee for station CJMS for the week of 3 to 9 October 1993 indicated that the licensee did not comply with the regulation's minimum requirement in this regard.
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In addition, Radiomutuel did not comply with the minimum requirement to devote to French-language vocal music 65% or more of the category 2 musical selections broadcast by CJMS during the same week.
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An analysis of the programming broadcast by station CKMF-FM on Monday, 4 October 1993 revealed a level of 60.6% French-language vocal music rather than the 66.7% reported in the station's self-assessment for that day. Using the playlists submitted for the week of 3 to
9 October 1993, the Commission estimates the station's maximum possible level of French-language vocal music to have been 64.5% rather than the 65% required under the policy concerning the broadcast of French-language vocal music. The licensee stated that the station had broadcast 65% French-language vocal music during that broadcast week.
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At the hearing, Normand Beauchamp, President of Radiomutuel, assured the Commission that situations of non-compliance will not recur. He indicated that [TRANSLATION]:
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as regards our AM stations, and more specifically CJMS, we must acknowledge that we have difficulty achieving the minimum regulatory requirements with respect to Canadian music and French-language music. This situation is more the result of problems we encountered... than of any dispute on our part regarding the spirit or the letter of the regulations.... These problems directly affect our ability to satisfy the regulatory requirements where changes, however minor, are made in the broadcast schedule.
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He added that [TRANSLATION] "Radiomutuel regrets what has happened and makes a firm commitment... to take the measures required to ensure that this situation does not happen again."
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Danielle Chagnon, Vice-President of the FM division and officer in charge of Mutuel Musique, explained that [TRANSLATION]:
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during the first few months of the 1993-1994 broadcast year, while we were dealing with a troubled economy, with budgetary and staff reductions, and while revising our broadcasting strategy to reverse our audience losses reported in recent surveys, we neglected to adjust our logs. This situation has now been rectified, and I can assure you that... our safeguards will guarantee that we will meet the regulatory minima.
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At the same hearing Radiomutuel also appeared before the Commission to discuss the apparent non-compliance of station CJRC Gatineau with subsection 2.2(3) of the regulations with respect to Canadian content, and the apparent non-compliance of station CKRS Chicoutimi with section 8 of the regulations with respect to the submission of logger tapes. In Decisions CRTC 94-665 and 94-666, issued today, Radiomutuel has been granted short-term licence renewals for these two stations to allow the Commission to monitor the licensee's performance in these areas.
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The Commission views with serious concern any failure to comply with its regulations. Given Radiomutuel's broadcasting experience, it is particularly concerned about these cases. It notes, however, the corrective measures taken by the licensee and expects Radiomutuel to continue to take the necessary steps to ensure compliance with the policies and regulations of the Commission at all times.
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Consequently, the Commission will monitor closely the performance of stations CJMS and CKMF-FM Montréal during the remainder of their current licence terms. The Commission reminds Radiomutuel that it will continue to use all available means to ensure compliance with the regulations.
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Under the Broadcasting Act, an order may be issued and legal proceedings instituted in respect of any licensee that fails to comply with the regulations. Non-compliance can have more severe consequences, including suspension, non-renewal or revocation of a licence. The Commission intends to take such measures where licensees fail to comply with its regulations.
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Allan J. Darling
Secretary General
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