ARCHIVED -  Decision CRTC 95-526

Decision

Ottawa, 10 August 1995

Decision CRTC 95-526

Simon Fraser Campus Radio Society

Burnaby, British Columbia - 941102600

Licence renewal for CJSF

Following Public Notice CRTC 1995-37 dated 2 March 1995, the Commission renews the broadcasting licence for CJSF Burnaby, 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 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) concerning the provision of logger tapes.

CJSF is a campus carrier current station serving the campus of Simon Fraser University.

In Public Notice CRTC 1993-43 dated 30 April 1993 entitled "Exemptions from Licensing Requirements", the Commission announced the exemption of carrier current undertakings from the requirement of holding a licence. The Notice also specified, however, that those carrier current services carried on cable systems (as is CJSF) would continue to require a licence.

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 and related material for the programming broadcast on 15 March 1994. In submitting the material, the licensee explained that the programming was largely unintelligible due to a technical malfunction with the logger machine. The Commission noted these comments and the steps taken to ensure future compliance, and advised the licensee that this situation constituted a violation of subsection 8(5) and 8(6) of the regulations.

The Commission subsequently requested the station's logger tapes and related material for the programming broadcast on 28 July 1994. The licensee explained that, due to its logger machine having been inoperable for a period of approximately three weeks, it was unable to submit the logger tape for the date requested. The licensee was advised that this situation constituted a second violation of subsection 8(5) and 8(6) of the regulations.

The Commission notes the licensee's statement that a back-up machine was repaired and was operable as of 12 August 1994, and its 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 however 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.

The Commission authorizes the licensee, by condition of licence, to broadcast a maximum of four minutes of advertising in any one hour during the broadcast week. Of this total, a maximum average of one minute of conventional advertising per hour will be permitted for the broadcast week. All other advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent. The Commission notes the licensee's plans to promote local Canadian artists in the area of music, art, poetry, drama as well as reviews and interviews.

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.

In accordance with subsection 22(1) of the Broadcasting Act, this renewal is subject to the issuance of a Broadcasting Certificate by the Department of Industry.

The Commission draws the licensee's attention to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect.

Allan J. Darling
Secretary General