ARCHIVED -  Decision CRTC 97-607

Decision

Ottawa, 27 October 1997

Decision CRTC 97-607

Rogers Broadcasting Limited

Licence renewal for CKY

1. Following Public Notice CRTC 1997-65 dated 26 May 1997 and Decision CRTC 97-485 dated 22 August 1997, the Commission renews the broadcasting licence for the radio programming undertaking CKY Winnipeg from 1 January 1998 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 subsection 2.2(3) of the Radio Regulations, 1986 (the regulations) which requires, among other things, that at least 30% of all musical selections broadcast each week from content category 2 be Canadian.

3. While submitting the material pertaining to the programming aired by CKY during the week of 25 February to 2 March 1996, the licensee admitted to a shortfall in Canadian content, with 28.8 % for the week in question. The Commission's subsequent analysis of the music lists submitted by the licensee revealed a Canadian content level of 28.6% for the above-mentioned week.

4. The licensee explained that errors had been occuring during breaks during the station's regular network program period, whereby Canadian musical selections were repeatedly being pre-empted.

5. 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 CKY meets the Canadian content requirement at all times.

6. 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.

7. 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.

8. 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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