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Québec, Quebec - 199704987
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Licence renewal for CKRL-FM
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1. Following a Public Hearing in Québec beginning on 27 January 1998, the Commission renews the broadcasting licence for the Type B community radio programming undertaking CKRL-FM Québec, from 1 September 1998 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.
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2. The two-year term granted herein will enable the Commission to consider at an early date the licensee's compliance with section 8 of the Radio Regulations, 1986 (the regulations) regarding logger tapes.
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3. For the reasons set out below, the Commission denies the application to amend CKRL-FM's condition of licence relating to the broadcast of Canadian musical selections from category 2.
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4. In Decision CRTC 96-734 dated 6 November 1996, the Commission renewed CKRL-FM's licence for 20 months only, until 31 August 1998, due to the licensee's failure to comply with the provisions of the regulations regarding logger tapes and French-language vocal music as well as with its conditions of licence regarding the Canadian content of its category 2 and category 3 music. In that decision, the Commission also noted the licensee's repeated non-compliance, since 1986, with the requirement to submit logger tapes, the requirement relating to the level of French-language vocal music, and its Promise of Performance. The Commission issued Order 1996-3 with respect to French-language vocal music and the percentage of musical selections from content categories 2 and 3 that are required to be Canadian selections.
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5. The Commission notes that, during the current licence term, the licensee has complied with the provisions of the regulations and the conditions of its licence that gave rise to Order 1996-3, which was appended to Decision CRTC 96-734. Consequently, that Order will not be renewed.
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6. The Commission called CKRL-MF 89,1 inc. to the 27 January hearing to discuss its apparent non-compliance with section 8 of the regulations regarding logger-tapes. In Notice of Public Hearing CRTC 1997-13 dated 21 November 1997, the Commission informed the licensee that it would be expected to show cause at the hearing why the Commission should not issue an order compelling it to comply with section 8 of the regulations.
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7. During the current licence term, the Commission asked the licensee to submit the logger tapes and related material for the programming broadcast by CKRL-FM during the week of 15-21 June 1997. On 14 July, the licensee submitted the tapes and a letter explaining that the segments covering the period from 6 p.m. to midnight contained the programming from the previous month. At the hearing, the licensee claimed that [TRANSLATION] "this deficiency was related directly to a malfunction of one of the three hi-fi VCRs used to record logger tapes"; that "the involvement of several volunteers makes it more difficult to implement procedures and systems that will not be susceptible to human error and technical malfunction"; and that its mandate as a community radio station "also effectively places limits on our financial resources and, consequently, on our capacity to purchase sophisticated equipment".
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8. The licensee added that it has made several improvements to its system since 14 July, and wished to give the Commission a clear indication of [TRANSLATION] "how important we feel it is to comply with the Act and CRTC regulations". The licensee fitted each VCR with an alarm device to alert it when the recording system malfunctions, and it purchased a fourth hi-fi VCR as a back-up unit. It indicated that the back-up VCR is connected to each of the alarms and will switch on immediately when an alarm is activated. The licensee has increased the frequency of equipment checks by the technician from once a month to once a week. In addition, the licensee claimed that, as a result of these improvements, [TRANSLATION] "it is now impossible to miss even one minute of recording through equipment malfunction or operator error".
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9. The Commission then asked the licensee to submit the logger tapes for the week preceeding the public hearing, namely that of 18-24 January 1998 to verify compliance. The tapes were monitored after the hearing and found to be complete and intelligible.
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10. Futhermore, the licensee stated that its directors, managers and staff receive training on the CRTC regulations, which is given annually by the Association des radiodiffuseurs communautaires du Québec.
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11. Having considered the explanations and the documentation provided by the licensee following its last instance of non-compliance, and its determination to ensure compliance for the new licence term, the Commission is satisfied with the measures taken by the licensee and considers that at the hearing the licensee demonstrated a firm intention to comply with section 8 of the regulations in the future. The licensee showed cause, in this case, why the Commission should not issue a mandatory order. The Commission will, however, monitor closely the licensee's performance in this respect, and places the licensee on notice that if it determines the licensee to have again failed to comply with section 8 of the regulations, it may take any enforcement measures available to it under the Broadcasting Act.
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12. The Commission notes that the station will broadcast 122 hours of local programming in each broadcast week.
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13. As part of its licence renewal application, the licensee requested that the Commission amend CKRL-FM's condition of licence by reducing the required level of Canadian musical selections in category 2 from 38% to 30%. At the hearing, the licensee argued that it has no intention of changing its programming orientation, and that the percentage reduction indicated above was essentially to allow it some flexibility at certain times of the year, such as when programming changes are made, and also to make it easier to comply with its Promise of Performance in this regard.
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14. Having examined the Iicensee's application, the Commission considers that the licensee's circumstances do not warrant a departure from the Commission's long-standing practice of denying licence amendment applications filed by Iicensees who are in a state of non-compliance. Accordingly, the Commission denies this request.
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15. Consequently, it is a condition of licence that 38% or more of the category 2 music selections broadcast each broadcast week be Canadian and that these selections be scheduled in a reasonable manner throughout the broadcast day.
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16. The Commission notes that the station will devote 15% or more of its overall musical programming to material from content category 3 (Traditional and Special Interest).
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17. The Commission also notes that the station will broadcast a minimum of 8% vocal music in a language other than French or English.
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18. It is a condition of licence that the licensee broadcast no more than 6 minutes of advertising in every hour of broadcast, and that it broadcast no more than an average of 4 minutes of advertising for every hour of broadcast up to a total of 504 minutes of advertising per broadcast week, in accordance with the community radio policy for Type B stations.
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19. 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. It considers that campus and community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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20. The Commission acknowledges the intervention submitted by l'Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) with regard to this application. The Commission further notes the intervention submitted by the Association des radiodiiffuseurs communautaires du Québec in support of the application.
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This decision is to be appended to the licence.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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