ARCHIVED -  Decision CRTC 95-586

Decision

Ottawa, 24 August 1995

Decision CRTC 95-586

Radio Communautaire Francophone de Montréal Inc.

Montréal, Quebec - 940836000

Licence renewal for CIBL-FM

Following a Public Hearing in the National Capital Region beginning on 15 May 1995, the Commission renews the broadcasting licence for CIBL-FM Montréal from 1 September 1995 to 31 August 1997, 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 two-year term reflects the Commission's serious concerns and will enable the Commission to consider at an early date the licensee's compliance with section 8 of the Radio Regulations, 1986 (the regulations) regarding logger tapes.

Background

In Public Notice CRTC 1993-122 dated 19 August 1993 and entitled "Compliance with the Provisions of the Radio Regulations, 1986 Relating to Logger Tapes", the Commission issued an unequivocal warning to stations that are not in compliance with the regulations respecting the retention of logger tapes. The Commission reminded licensees of the requirement to ensure the availability at all times of complete and intelligible logger tapes, and warned licensees that it intended to use all means available to ensure adherence to the regulations in this area.

In Decision CRTC 93-441 dated 19 August 1993, the Commission renewed CIBL-FM's licence for a two-year term only due to the licensee's repeated non-compliance with section 8 of the regulations which requires each licensee to retain, for a period of at least four weeks from the date of broadcast, and to furnish to the Commission upon request, "a clear and intelligible tape recording or other exact copy of all matter broadcast". The Commission noted that it was the fourth time in five years that the licensee had been unable to submit logger tapes requested by the Commission (see also Decisions CRTC 88-830 and 90-654). It put the licensee on notice that any subsequent infraction of the regulations may result in it being called to a public hearing to show cause why an order should not be issued by the Commission.

The Commission called Radio Communautaire Francophone de Montréal Inc. to appear at the May 1995 hearing to discuss again its apparent non-compliance with section 8 of the regulations. In Notice of Public Hearing CRTC 1995-4 dated 17 March 1995, the Commission advised the licensee that it would be expected to show cause at the hearing why the Commission should not issue a mandatory order requiring it to comply with section 8 of the regulations.

The Hearing

During the current licence term, the Commission requested the licensee to submit the station's logger tapes of the programming broadcast for the week of 29 May to 4 June 1994. In a letter dated 23 June 1994, the licensee advised the Commission that 5 hours of programming were missing from the tapes. The licensee explained that the tape for 29 May was mistakenly reused to record the programming of 30 May, and that this caused some of the 29 May programming to be erased. The licensee also informed the Commission that the tapes for 2 and 4 June were incorrectly demagnetized before being reused, and this made listening more difficult. In a letter dated 27 July 1994, the Commission informed the licensee that the logger tape of 4 June 1994 was unintelligible owing to overlapping of the two tracks.

At the hearing the licensee explained that, in early July 1994, it took measures to ensure future compliance with these requirements. It prepared a new guide on the technical operation of the tape recorders and logs. The licensee also relocated the backup tape recorder to a position close by the permanent employees' work station and installed an alarm on each tape recorder. A new procedure for handling the tapes was put in place. The employee assigned to reception duties during the late evening hours was to demagnetize the tape to be used the next day before leaving. This operation was to be repeated by the volunteer who opened the station the next morning.

The licensee also indicated that, through a fund-raising campaign, it was able to invest a considerable amount in improving the reliability of its sound recording system. It replaced part of the station's technical equipment and purchased a new tape recorder and 24-hour tapes, so that only permanent employees are now required to handle the tapes and change them once a day. The licensee also purchased a [TRANSLATION] "sentinel relay system to start the backup tape recorder automatically. A redundant alarm system was also installed." At the hearing the licensee stated that [TRANSLATION] "these new improvements in our taping procedures, with respect to both tape handling and equipment, are intended to make our system even more reliable." Finally, the licensee reiterated that it firmly intends to comply with Commission requirements and assured the Commission of its vigilance in this regard.

The Commission also notes the licensee's statement at the hearing that [TRANSLATION] "CIBL now has a financial capacity that it did not previously possess. Advertising revenues are increasing steadily." The licensee stated further that it was generating additional revenue through fund-raising activities, such as an annual radiothon, a benefit show, and sale of membership cards, that allows it to invest in its facilities. [TRANSLATION] "The investments made in or around the month of January are the first significant investments in equipment at CIBL in the past 15 years. These investments have provided a technical solution that eliminates the need for volunteer involvement and constitutes a more reliable system."

The Commission reminds the licensee that it places fundamental importance on the availability at all times of complete and intelligible logger tapes as it allows the Commission not only to verify whether the programming is in compliance with the conditions of licence and the regulations, but also to act on complaints from the general public concerning programming matters.

However, having considered the explanations and the documentation provided by the licensee following its non-compliance, and its determination to ensure compliance for the new licence term, the Commission is satisfied with the measures taken by the licensee and believes that it has demonstrated a firm intention at the hearing to comply with section 8 of the regulations in the future, and that it showed cause, in this case, why the Commission should not issue a mandatory order.

The Commission is gravely concerned by the licensee's failure to comply with section 8 of the regulations. Accordingly, the Commission has decided to renew the CIBL-FM licence for only two years in order to assess, within a reasonable period, the effectiveness of the new measures taken by the station to ensure compliance. The Commission will monitor closely the licensee's performance in this respect, and places the licensee on notice that if it determines the licensee to have again failed to comply with section 8 of the regulations, it may take all enforcement measures available to it under the Broadcasting Act.

It is a condition of licence that the licensee broadcast no more than 6 minutes of advertising in every hour of broadcasting and that, on average, it broadcast no more than 4 minutes of advertising per hour of broadcast, up to a total of 504 minutes of advertising per week. Notwithstanding the above, the Commission authorizes the licensee to broadcast up to 8 minutes of advertising per hour during ethnic programs.

The Commission notes that the licensee will maintain a minimum of 11.5% Category 3 music (Traditional and Special Interest) within its overall music programming.

It is a condition of licence that the licensee 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.

It is also a condition of licence that the licensee 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.

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 community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

The Commission acknowledges the intervention filed by the Association des radiodiffuseurs communautaires du Québec in support of this licence renewal application.

Allan J. Darling
Secretary General