ARCHIVED -  Decision CRTC 97-372

Decision

Ottawa, 7 August 1997

Decision CRTC 97-372

Standard Radio Inc.

Toronto, Ontario - 199603569

Licence renewal for CFRB

1. Following a Public Hearing in the National Capital Region beginning on 8 July 1996, Decision CRTC 96-526 dated 27 August 1996 and Decision CRTC 96-771 dated 29 November 1996, the Commission renews the broadcasting licence for the radio programming undertaking CFRB Toronto and its short-wave transmitter CFRX, from 1 September 1997 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.

2. The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting Act (the Act), will enable the Commission to consider the next licence renewal of this undertaking in accordance with the Commission's regional plan and to better distribute the workload within the Commission.

3. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines For Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

4. In Public Notice CRTC 1996-114 entitled Implementation of the New Approach to Canadian Talent Development, the Commission indicated that it would impose, as a condition of licence, amounts pledged by licensees over and above those set out in the CAB Distribution Guidelines. Accordingly, it is a condition of licence that the licensee make additional payments to third parties involved in Canadian talent development as follows:

1996-97: $7,000
1997-98: $5,000
1998-99: $1,000

5. The Commission notes that the condition of licence included as part of CFRB's last licence renewal, requiring that CFRB and its short-wave transmitter CFRX carry the same programming was imposed under previous legislation and is no longer required. Such a requirement is inherent in the authority granted in respect of the transmitter.

6. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

7. The Commission acknowledges the numerous interventions received in support of this application.

8. The Commission also acknowledges the opposing interventions to this application filed by the African Canadian Legal Clinic, Media Coalition, Ms. M. Nourbese Philip and MediaWatch in relation to broadcasts on 7 September 1995, 11 June 1996 and 15 June 1996. The interventions alleged violations of the high standard requirement of the Act, as well as racist, abusive comments by host Michael Coren.

9. The Commission has carefully reviewed the interveners' comments as well as the licensee's replies thereto, and is unable to conclude that the 11 and 15 June 1996 broadcasts breached the terms of the Act or the Radio Regulations, 1986. With respect to the references to the 7 September 1995 show made by several interveners including Ms. Philip, the Commission notes that it previously determined, in a letter dated 8 May 1996 addressed to Ms. Philip, that the comments made by Mr. Coren, while testing the limit of what would be seen as permissible under the Commission's regulations, were a strong criticism of Ms. Philip and her activities rather than a comment on her as a member of a race. Accordingly, the Commission concluded that it would not pursue these matters further.

10. In addition, the Commission acknowledges an opposing intervention by OUT!SPOKEN, with respect to comments made by Mr. Coren and a guest, Scott Lively, on the Michael Coren Show aired 19 October 1995. The Commission notes that this intervention raises the same issues as those raised in a complaint dated 27 October 1995 by OUT!SPOKEN concerning the same broadcast. The Commission responded on 8 February 1996, and received a further letter from OUT!SPOKEN of 14 February 1996 requesting that the Commission reconsider its 8 February 1996 decision. These issues have been dealt with in a letter dated 13 August 1996 sent by the Commission to OUT!SPOKEN.

11. The Commission notes that following complaints filed during the previous licence term, and as requested by the Commission in Decision CRTC 95-878 which last renewed the licence for CFRB, the licensee has developed and submitted its own station guidelines with respect to open-line programming. The Commission expects the licensee to adhere to these guidelines.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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