ARCHIVED -  Decision CRTC 97-374

Decision

Ottawa, 7 August 1997

Decision CRTC 97-374

CHUM Limited

Kitchener, Ontario - 951006600

Licence renewal for CKKW

1. Following Public Notice CRTC 1996-98 dated 12 July 1996, Decision CRTC 96-585 dated 30 August 1996 and Decision CRTC 96-801 dated 20 December 1996, the Commission renews the broadcasting licence for the radio programming undertaking CKKW Kitchener, from 1 September 1997 to 31 August 2000, 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. This term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations).

3. Section 2.2(3) of the regulations requires that a minimum of 30% of all musical selections from content category 2 broadcast weekly be Canadian. In addition, 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".

4. When submitting material for programming broadcast by CKKW during the week of 22 to 28 January 1995, the licensee admitted to a level of Canadian content of 28.01% rather than the 30% required by the regulations. The licensee also admitted that the logger tapes were incomplete, more specifically that the periods from 9:30 a.m. to midnight on 22 January 1995, and from 6:00 a.m. to 9:00 a.m. on 23 January 1995 were missing.

5. The licensee explained that the shortfall in the level of Canadian content was due to human error as well as to the temporary use of a manual system rather than the computer drive operation. The licensee added that the missing periods on the logger tapes were also due to human error.

6. The Commission views with great concern the licensee's failure to comply with these regulatory requirements. It intends to monitor 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.

7. 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.

8. It is a condition of licence that the licensee adhere to the guidelines on gender portrayal set out in the CAB's Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

9. 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 Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

10. The Commission acknowledges two interventions received with respect to this licence renewal application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.