ARCHIVED -  Decision CRTC 95-522

Decision

Ottawa, 10 August 1995

Decision CRTC 95-522

Norcom Telecommunications Limited

Kenora/Keewatin, Ontario - 940638000

Licence renewal for CJBN-TV Kenora/Keewatin

Following a Public Hearing held in the National Capital Region beginning on 15 May 1995, the Commission renews the broadcasting licence for the television programming undertaking, CJBN-TV Kenora/Keewatin, 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 the appendix to this decision and in the licence to be issued.

This four-year renewal reflects the Commission's concern regarding the licensee's non-compliance with subsections 4(6) and 4(7) of the Television Broadcasting Regulations, 1987 (the regulations) relating to the broadcast of Canadian programming, and will enable the Commission to assess at an early date the licensee's response to that concern.

Norcom Telecommunications Limited is controlled by LeBlanc and Royle Communications Inc.

CJBN-TV is affiliated with the CTV Television Network.

Non-compliance with the required level of Canadian content

Subsections 4(6) and 4(7) of the regulations require that a licensee devote not less than 60% of the broadcast year and of any six-month period specified in a condition of licence, and not less than 50% of the evening broadcast period (between 6:00 p.m. and midnight), to the broadcasting of Canadian programs. In its application for licence renewal, the licensee acknowledged that it had failed to comply with these requirements during the current licence term. The licensee stated that, during the broadcast year 1992-1993, CJBN-TV broadcast a Canadian content level of 52%. In addition, the licensee stated that in the broadcast year 1993-1994, CJBN-TV's Canadian content level was 50%, and that the station will broadcast a Canadian content level of 56% in 1994-1995.

The Commission views with grave concern the licensee's non-compliance with the provisions of the regulations regarding the broadcast of Canadian programming.

The Commission notes that the licensee made a commitment in its application for licence renewal to broadcast the required level of Canadian content "beginning with the spring/summer 1995 schedule and [to] continue from that point onward".

Local reflection

On 24 March 1995, the Commission issued Public Notice CRTC 1995-48 in conjunction with the release of decisions renewing the licences of privately-owned, English-language television stations in British Columbia, Ontario and Quebec. In that public notice, the Commission reiterated the importance of the principle of local reflection and reminded television licensees that they have a special responsibility to serve the public within the particular geographic areas they are licenced to serve.

In this regard, the Commission expects the licensee to adhere to the commitment made in its renewal application to broadcast, at a minimum, an average of 2 hours 30 minutes of original, local news weekly during the new licence term.

Canadian children's programming

The Commission notes that the licensee has made a commitment to broadcast, during the first year of the new licence term, an average of 7 hours each week of Canadian programming directed to children (ages 2 to 11), rising to an average of 7 hours 30 minutes weekly in year two, and to 8 hours weekly in years three and four. The licensee also made a commitment to broadcast, during the first two years of the new licence term, an average of 3 hours each week of Canadian programming directed to youth (ages 12 to 17), rising to 4 hours in years three and four.

Expenditures on Canadian programming

The Commission expects the licensee to expend, in the first year of the new licence term, at a minimum, the amount it was expected to expend in the 1994-1995 broadcast year. In each subsequent year of the licence term, the Commission expects the licensee's Canadian programming expenditures to be adjusted in accordance with the Commission's prescribed formula.

Service to the deaf and hard of hearing

In view of CJBN-TV's financial situation, the Commission has decided, in this case, not to apply the policy approach for closed captioning announced in Public Notice CRTC 1995-48.

The Commission nevertheless, encourages the licensee to close caption its local news programming and to increase the amount of close captioning of the other programming broadcast on CJBN-TV during the new licence term.

Employment equity

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.

Interventions

The Commission acknowledges the intervention submitted in support of this application for the renewal of CJBN-TV's licence renewal.

Allan J. Darling
Secretary General

APPENDIX/ANNEXE

Conditions of licence for CJBN-TV Kenora/Keewatin

1. The licensee shall operate this broadcasting undertaking as part of the network operated by CTV Television Network Ltd.

2. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council (CBSC).

3. The licensee shall adhere to the guidelines on the depiction of violence in television programming set out in the CAB's "Voluntary Code Regarding Violence in Television Programming", as amended from time to time and accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the CBSC.

4. The licensee shall adhere to the provisions of the CAB's "Broadcast Code for Advertising to Children", as amended from time to time and accepted by the Commission.