ARCHIVED -  Decision CRTC 95-364

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Ottawa, 28 June 1995
Decision CRTC 95-364
Les Média Acadiens Universitaires Inc.
Moncton, New Brunswick - 941008500
Licence renewal for CKUM-FM
Following a Public Hearing in Halifax beginning on 4 April 1995, the Commission renews the broadcasting licence for the campus/community radio programming undertaking CKUM-FM Moncton, from 1 September 1995 to 31 August 1999, subject to 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 four-year term will enable the Commission to consider the renewal of this licence one year prior to that of campus radio stations across Canada in order to assess at an earlier date the licensee's compliance with the Radio Regulations, 1986 (the regulations).
The Commission notes the licensee's non-compliance with respect to the level of French-language vocal music broadcast during the week of 13 to 19 March 1994. The content level observed for this category was 64.1% rather than the level of 65% required by the regulations. The licensee explained that the non-compliance was due to the fact that a regular music program with a high level of French-language vocal music had been pre-empted by a University of Moncton hockey game.
In addition, the licensee stated in its self-analysis report that it was in non-compliance with respect to the level of Category 3 music (Traditional and Special Interest) broadcast, indicating that 4 hours and 25 minutes had been broadcast rather than the level of 8 hours required by condition of licence. The licensee explained that it had been unable to acquire the necessary material due to its limited budget. Subsequently, the licensee advised the Commission that it had ended the current financial year with a profit, and that an amount had been set aside to increase its inventory of Category 3 music. The licensee also added that it had enlisted the assistance of Radio Beauséjour Inc., a French-language community station, and would be taking all the measures necessary to ensure its compliance in the future.
The Commission views with great concern the licensee's failure to comply with the regulatory requirement relating to French-language vocal music and to the condition of its Promise of Performance relating to Category 3 music. It intends to monitor the licensee's performance during the new licence term, and directs the licensee to take all necessary measures to ensure that it complies at all times with the provisions of the regulations and with the conditions of its licence.
The Commission notes that for the new licence term, the station will broadcast a minimum of 7% Category 3 music as a percentage of overall music programming.
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, considered 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.
The Commission authorizes the licensee, by condition of licence, to broadcast a maximum of 4 minutes per hour of advertising.
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 six interventions submitted in support of this application.
Allan J. Darling
Secretary General

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