ARCHIVED -  Decision CRTC 95-587

Decision

Ottawa, 24 August 1995

Decision CRTC 95-587

Radio Centre-Ville Saint-Louis Inc.

Montréal, Quebec - 940772700

Licence renewal for CINQ-FM

Following a Public Hearing in the National Capital Region beginning on 15 May 1995, the Commission renews the broadcasting licence for CINQ-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. For the reasons set out below, the Commission denies the application to amend the condition of licence in CINQ-FM's current Promise of Performance relating to French-language vocal music.

The two-year term granted herein will enable the Commission to assess at an early date the licensee's compliance with a special condition of its licence, specified below, relating to the broadcast of French-language vocal music.

Background

In Decision CRTC 93-442 dated 19 August 1993, the Commission renewed CINQ-FM's licence for only two years, until 31 August 1995, due to the licensee's failure to comply with the Canadian content provisions of the Radio Regulations, 1986 (the regulations) and its own commitments relating to French-language vocal music. In that decision the Commission also noted the licensee's repeated non-compliance since 1988 with its commitments and certain provisions of the regulations, and put it on notice that, upon any subsequent breach of the regulations, it could be called to appear at a public hearing to show cause why an order should not be issued by the Commission.

The Commission called Radio Centre-Ville Saint-Louis Inc. to the May 1995 hearing to discuss its apparent non-compliance with Commission requirements relating to French-language vocal music.

In Notice of Public Hearing CRTC 1995-4 dated 17 March 1995, the Commission informed the licensee that it would be expected to show cause at the hearing why the Commission should not issue an order compelling it to comply with this provision of the regulations.

The Hearing

At the hearing, the Commission reminded the licensee that, since its last licence renewal, it has been required to comply with a special condition of licence, which was included in its Promise of Performance, requiring that at least 40% of all Category 2 vocal music selections played each broadcast week be French-language selections. The Commission then asked the licensee to explain why it had broadcast only 37.4% French-language vocal music selections during the week of 29 May to 4 June 1994.

The licensee submitted that, because 40% of its programming is ethnic material, broadcasting only a few additional ethnic selections during the week is sufficient to disrupt the balance of its musical programming quotas. It added, however, that despite these difficulties, it very rarely failed to achieve the 40% requirement for French-language vocal music. The licensee then noted what it considered to be an ambiguity regarding the required percentage of French-language vocal music. The licensee stated that its interpretation of the Commission's requirement was that it must devote each broadcast week at least 65% of its vocal musical selections from Category 2 to musical selections in the French language, and that this created serious problems for it.

The licensee further indicated that, since its last self-assessment and its correspondence with the Commission, it has implemented strict measures to achieve compliance in this regard. It has had meetings with station personnel responsible for programming and has set quotas for vocal music selections in each of its various broadcast languages, and had posted in each studio a list of the music titles that may be played each day. As a result, French-language selections now account for 65% of its overall programming.

At the hearing, the licensee requested that its condition of licence be amended by excluding the periods devoted to ethnic programming from the calculation of 65% French-language vocal music as a proportion of all Category 2 vocal music selections. The Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) filed an intervention arguing that the licensee's existing condition of licence should be maintained. ADISQ indicated, however, that it would not oppose the licensee's request, provided that some restrictions be imposed on the licensee so as to ensure [TRANSLATION] "substantial ethnic content in the ethnic portion of CINQ-FM programming".

At the hearing, the Commission pointed out to the licensee that the provision for attaching a specific condition of licence, such as that which has been applied to the licensee, is contained in the regulations and that the special condition of licence effectively replaces the regulatory requirement applicable to licensees of other French-language stations for 65% Category 2 French-language vocal music. Thus, the licensee's interpretation of the Commission's requirements is mistaken. In this regard, the Commission stated at the hearing that its requirement for 40% French-language music is intended to ensure the presence of sufficient ethnic programming to truly serve the different languages and cultures through their music. In response, the licensee indicated that it would comply with its conditions of licence now that the Commission's requirements have been clarified.

The Commission considers that compliance by a station with the requirements of the regulations and the conditions of its licence is a fundamental factor that must be considered when it assesses a licence amendment application. Accordingly, in light of the foregoing and the licensee's repeated non-compliance, the Commission denies the amendment proposed by the licensee. The Commission is satisfied that by utilizing more effective controls over the music it broadcasts, the licensee will have no difficulty complying with the existing special condition of licence which states that CINQ-FM shall devote not less than 40% of Category 2 vocal music selections to French-language music selections during the broadcast week. The Commission thus reattaches the above requirement as a condition of licence.

The Commission has considered the explanations provided by the licensee, the ambiguity concerning the required percentage of French-language vocal music, the measures taken by it following the time that it learned of its non-compliance, and its determination to ensure compliance for the new licence term. The Commission is satisfied that the licensee has demonstrated its firm intention at the hearing to comply with the special condition of its licence in the future, and that it showed cause why the Commission should not issue a mandatory order.

Nevertheless, the Commission expects the licensee, in future, to comply fully with this special condition, as well as with the other provisions of the regulations. The Commission has decided to renew the CINQ-FM licence for a period of only two years in order to assess, within a reasonable period, the effectiveness of the new measures taken by the station to ensure compliance with the French-language vocal music requirements. 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, it may take all enforcement measures available to it under the Act.

It is a condition of licence that the licensee devote no more than 40% of its weekly broadcast time between 6 a.m. and midnight to any combination of Type A, B, C or D ethnic programming, as defined in the Schedule to the Regulations. It is also a condition of licence that a minimum of 50% of ethnic programming broadcast be Type A and B ethnic programming. It is a condition of licence, that the licensee broadcast at least 7% Canadian musical content during Type A, B, C and D ethnic broadcast periods. It is a further condition of licence that the licensee provide ethnic programming aimed at a minimum of 5 cultural groups in at least 5 languages.

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 15% 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 received 28 interventions from citizens, organizations and associations in support of this renewal application.

Allan J. Darling
Secretary General