ARCHIVED -  Decision CRTC 95-329

Decision

Ottawa, 14 June 1995

Decision CRTC 95-329

Newfoundland Broadcasting Company Limited

St. John's, Argentia, Bonavista, Clarenville, Corner Brook, Marystown, Norris Arm (Rattling Brook), Red Rocks and Stephenville, Newfoundland - 941319600

Licence renewal for CHOZ-FM and its transmitters

Following a Public Hearing in Halifax beginning on 4 April 1995, the Commission renews the broadcasting licence for the radio programming undertaking consisting of CHOZ-FM St. John's and its transmitters CFOZ-FM Argentia, CJOZ-FM Bonavista, CKCV-FM Clarenville, CKOZ-FM Corner Brook, CIOZ-FM Marystown, CHOS-FM Norris Arm (Rattling Brook), CKSS-FM Red Rocks and CIOS-FM Stephenville, from 1 September 1995 to 31 August 1999, 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 term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations) and its conditions of licence.

The Commission views with concern the licensee's non-compliance in three key areas. Monitoring conducted by the Commission identified an inability to supply logger tapes, a shortfall in Canadian content and an excessive use of hit material. Details of the analyses are set out below.

Logger tapes

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 during the week of March 13-19, 1994. In a letter accompanying the requested material, the licensee stated that it was unable to provide the logger tape for Sunday, 13 March 1994.

While the Commission notes the licensee's assurance that it has taken concrete measures to ensure that its logger tape equipment is being operated to ensure compliance with the regulations, the Commission reiterates the importance of ensuring that the regulations are adhered to at all times and will closely monitor the licensee's performance in this regard during the new licence term.

Canadian content

Subsection 2.2(3) of the regulations requires that a minimum of 30% of all Category 2 musical selections broadcast weekly by AM and FM stations be Canadian. The Commission's analysis of programming by CHOZ-FM during the week of 13-19 March 1994 revealed an estimated Canadian content level of 28.7% in Category 2. Information received from the licensee subsequent to the Commission's analysis led the Commission to readjust the estimated level of Canadian content for the week in question to 28.8%. The Commission notes the operational changes implemented by the licensee to address this concern, and reminds the licensee that it must ensure compliance with the regulations at all times.

Hits

CHOZ-FM is subject to a condition of licence, requiring the licensee to maintain the level of hits below 50% of all music selections broadcast weekly. Analysis of the music lists submitted and the programming broadcast during the week of March 13-19, 1994 indicated a hit level of 51.7% for the week. The Commission notes the measures taken by the licensee to ensure compliance with regard to the level of hits, and reminds the licensee that its conditions of licence must be adhered to at all times.

In this regard, the Commission further reminds the licensee that it remains a condition of licence that the licensee maintain the level of hits below 50% of all music selections broadcast weekly.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent and has noted the level of the licensee's commitment for this purpose in light of the station's financial situation.

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. In this regard, the Commission 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 and has considered the interventions submitted in support of this renewal application.

Allan J. Darling
Secretary General