ARCHIVED -  Decision CRTC 97-486

Decision

Ottawa, 26 August 1997

Decision CRTC 97-486

Rogers Broadcasting Limited

Ottawa, Ontario - 199612320

Licence renewal for CKBY-FM

1. Following Public Notice CRTC 1997-53 dated 8 May 1997 and Public Notice CRTC 1997-53-1 dated 28 May 1997, the Commission renews the broadcasting licence for the radio programming undertaking CKBY-FM Ottawa, from 1 September 1997 to 31 August 2001, 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 requiring that the weekly level of hits broadcast be less than 50% of all musical selections broadcast each week.

3. As part of its ongoing monitoring of radio stations, the Commission requested the station's logger tapes, logs and music lists for the music broadcast during the week of 24 to 30 March 1996. An analysis of the music lists revealed that CKBY-FM had broadcast a hits level of 52.7%.

4. In its exchange of correspondence with the Commission, the licensee explained that during the monitoring period, it was in the process of changing its playlist from a gold base to a more current base playlist, which resulted in a greater number of current selections being broadcast on the station at that time. The licensee added that the error was detected shortly thereafter, and that the station has been operating in compliance with its condition of licence since 1 April 1996.

5. The Commission views with great concern the licensee's failure to comply with its condition of licence. 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 it complies at all times with its condition of licence concerning hits.

6. The Commission reminds the licensee that it is also required, by condition of licence, to ensure that a minimum level of 35% in the category 2 music broadcast each week on CKBY-FM is Canadian.

7. 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.

8. 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.

9. 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.

10. 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.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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