ARCHIVED -  Decision CRTC 95-588

Decision

Ottawa, 24 August 1995

Decision CRTC 95-588

Horner, Stanley R., Warren James F., Baba Kenneth, Wakker, Eugene, Wakker Joyce and Shaheen, Naseeb James (a Limited partnership) and Grasslands Broadcasting Ltd. (a General Partner), operating as Grasslands FM

Swift Current, Saskatchewan - 950764100

Licence renewal for CIMG-FM Swift Current

Following a Public Hearing in Winnipeg beginning on 5 June 1995, the Commission renews the broadcasting licence for the radio programming undertaking CIMG-FM Swift Current 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 term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations).

In Notice of Public Hearing CRTC 1995-6 dated 6 April 1995, the Commission called the licensee to appear at the June hearing to discuss its apparent non-compliance with section 8 of the regulations, which requires that each licensee 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". 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 CIMG-FM to comply with section 8 of the regulations.

This is the third time that CIMG-FM has been issued a short-term licence renewal due to concerns relating to the licensee's non-compliance with the logger tape provisions of the regulations. In Decision CRTC 90-819 dated 29 August 1990, the Commission gave CIMG-FM a two-year licence renewal because of the licensee's failure to provide complete logger tapes for the week of 4 to 10 June 1989, and for the week of 20 to 26 August 1989. Again, in Decision CRTC 92-382 dated 19 June 1992, the Commission renewed CIMG-FM's licence for only two years. This short-term licence renewal was the result of the licensee not being able to provide logger tapes for 21 February.

During the current licence term, the Commission asked the licensee to submit CIMG-FM's logger tapes and related written material for the programming broadcast during the week of 6 to 12 June 1993. In a letter dated 14 October 1994, the licensee advised the Commission that, in reviewing the logger tapes for the week in question, it found that side one of the logger tapes for 6 and 12 June, respectively, did not reflect the programming broadcast on those days. The licensee indicated that it was, thus, unable to supply accurate logger tapes for the programming broadcast from 6 a.m. to 5 p.m. on 6 June, or for that broadcast from 6 a.m. to 6 p.m. on 12 June. In addition, the licensee explained that the discrepancy in the logger tapes was caused by a technical malfunction in the logger equipment. The licensee further stated, however, that it had since installed new logger equipment using VHS video tapes.

At the public hearing, the licensee acknowledged its non-compliance with the requirements of section 8 of the regulations, and outlined the further steps that it has taken to ensure that CIMG-FM operates in compliance. Specifically, the licensee stated that it has contracted the services of technical personnel from CKSW Swift Current. According to the licensee, these technical services have "improved [the] maintenance and general quality of [CIMG-FM] immensely". The licensee added that the new logger equipment "has performed problem-free since its installation in the summer of 1993".

Having considered all the evidence available to it, the Commission is satisfied that the licensee has taken steps to correct the problem identified in 1993, and has put in place procedures to ensure that CIMG-FM operates in compliance with the regulations. Nevertheless, given the licensee's repeated non-compliance in the past, the Commission considers that a short-term licence renewal of only two years is necessary to enable the Commission to assess, at an early date, the licensee's compliance with the regulations during the new licence term. Although the Commission has decided not to issue a mandatory order at this time, it will monitor closely the licensee's performance during the new licence term and directs the licensee to take all necessary measures to ensure that the regulations are adhered to at all times.

Canadian Talent Development

The Commission reaffirms the particular importance it attaches to the development of Canadian talent. As part of its renewal application, the licensee indicated that it was unable to make a commitment in direct expenditures to Canadian talent development because of the station's financial difficulties. The Commission expects the licensee to make direct cost contributions to the development of Canadian talent once the station achieves a positive operating income, the profit before interest and tax (PBIT) index being the primary profitability indicator. The Commission encourages the licensee to seek out further means of supporting, developing and exposing local and regional talent on the air.

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.

Ownership

The licensee consists of six limited partners and a general partner named Grasslands Broadcasting Ltd., and operates collectively as Grasslands FM, a Limited Partnership. The partnership leases the assets of CIMG-FM from Grasslands Broadcasting Ltd. and the general partner oversees the day-to-day operations of the station.

It is a condition of licence that the partners of Grasslands FM, as licensee of CIMG-FM, have unrestricted and exclusive use of the assets of the station with the general partner (Grasslands Broadcasting Ltd.) acting solely as manager for the partnership. It is also a condition of licence that the nature of the partnership not be altered without the prior approval of the Commission.

The Commission notes that a change of partners would require a new licence.

Secretary General
Allan J. Darling