ARCHIVED -  Decision CRTC 97-528

Decision

Ottawa, 29 August 1997

Decision CRTC 97-528

Radio Témiscamingue inc.

Ville-Marie and Témiscaming, Quebec - 199612404

Licence renewal for CKVM and its transmitter

1. Following Public Notice CRTC 1997-38 dated 16 April 1997, the Commission renews the broadcasting licence for the radio programming undertaking CKVM Ville-Marie and its transmitter CKVM-FM-1 Témiscaming, 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 subsections 2.2(3) and 2.2(5) of the Radio Regulations, 1986 (the regulations) concerning the broadcast of Canadian content and French-language vocal music.

3. Following an analysis of the logger tapes submitted by CKVM for the programming broadcast on 23 January 1996, and a review of the playlists for the week 21 to 27 January, as well as an exchange of correspondence with the licensee, the Commission estimated that the level of Canadian content of the category 3 musical selections broadcast during the broadcast week in question was 8.6%. The level of French-language vocal music for that period was 62 %.

4. With respect to French-language vocal music, the licensee was surprised at the results, and explained that the fluctuation was due to the programming changes on CKVM. With respect to the Canadian content, the licensee indicated that all category 3 music broadcast on the station originated with the Canadian Broadcasting Corporation and was beyond its control.

5. However, the licensee indicated that measures had been taken to regularize the situation, including increased monitoring by the music director and the provision of directions to show hosts.

6. The Commission views with great concern the licensee's failure to comply with this regulatory requirement. 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. 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.

10. The Commission ackowledges the opposing intervention submitted by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) with respect to the renewal of this licence and is satisfied with the licensee's reply thereto.

11. The Department of Industry has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of six months only, expiring 28 February 1998. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to subsection 22(1) of the Broadcasting Act pertaining to the technical certification of broadcasting undertakings and to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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