ARCHIVED -  Decision CRTC 97-375

Decision

Ottawa, 7 August 1997

Decision CRTC 97-375

Playland Broadcasting Limited

Parry Sound, Ontario - 951137900

Licence renewal for CKLP-FM

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 CKLP-FM Parry Sound, 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 its condition of licence relating to the broadcast of hits.

3. When submitting the material pertaining to the programming broadcast on CKLP-FM during the week of 12 to 18 March 1995, the licensee admitted to a hit level of 56% for the week, whereas its condition of licence requires the station to maintain the level of hits below 50%.

4. The licensee explained that the problem was partially due to the difficulty in keeping up with the changing status of hit and non-hit recordings and to the fact that, for financial considerations, the station subscribes to only one trade magazine. The licensee further indicated that since it intended to request an increase to a maximum of 100% weekly hit level as part of its renewal application, its efforts centered on the "Canadian content" element of the playlist, rather than the "hit level" element.

5. The licensee assured the Commission that it had taken steps to introduce an updated, more advanced and more complex version of the station's music program system.

6. The Commission views with great concern the licensee's failure to comply with its condition of licence, and directs the licensee to take all necessary measures to ensure it complies at all times with all of its conditions of licence and with the requirements of the Radio Regulations, 1986.

7. As indicated above, the licensee requested, as part of its renewal application, an amendment to its Promise of Performance by increasing the weekly maximum level of hits to 100%.

8. The Commission notes that in Public Notice CRTC 1997-42 dated 23 April 1997 entitled Revised Policy on the Use of Hits by English-language FM Radio Stations, it announced a new definition of a hit that will apply to all English-language commercial FM stations other than those serving the Montréal and Ottawa/Hull markets, which will grant licensees operating in those markets greatly enhanced flexibility in the programming of music.

9. Taking into consideration the foregoing, the Commission denies the licensee's request to increase its weekly maximum level of hits to 100%.

10. The Commission reminds the licensee that it is required, by condition of licence, to broadcast less than 50% hit music weekly.

11. It is a condition of licence that this station not be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

12. 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.

13. 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.

14. 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.

15. The Commission acknowledges an intervention opposing this licence renewal application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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