|
|
|
|
|
|
|
|
Ottawa, Ontario - 199710158
|
Short-term Licence renewal for CKCU-FM; Issuance of a Mandatory Order
|
1. Following a Public Hearing held in the National Capital Region beginning on 16 February 1998, the Commission renews the licence for the campus/community radio programming undertaking, CKCU-FM Ottawa, from 1 September 1998 to 31 August 2000, subject to conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued. This short term licence renewal will enable the Commission to review, at any early date, the licensee's performance in view of the serious concerns discussed in this decision.
|
2. The Commission called Radio Carleton Inc. (Radio Carleton) to appear at the 16 February public hearing to discuss its apparent non-compliance with section 8 of the Radio Regulations, 1986 (the regulations) relating to the retention and submission of logger tapes. In Notice of Public Hearing CRTC 1997-14 dated 12 December 1997, the Commission advised the licensee that it would be expected to show cause at the hearing why the Commission should not issue a mandatory order requiring the licensee to comply with section 8 of the regulations.
|
3. This is the second licence renewal decision in which the licensee has been found to be in non-compliance with the regulatory requirements regarding logger tapes. In Decision CRTC 94-637 dated 17 August 1994, the Commission renewed CKCU-FM's licence for only four years because of the licensee's failure to comply with sections 8(5) and 8(6) of the regulations relating to logger tapes. Over the licence period October 1990 to August 1994, the licensee provided complete, clear and intelligible recordings of its programming only once, even though the Commission had requested logger tapes on five separate occasions.
|
4. During the current licence term, the Commission asked the licensee to submit the logger tapes and related documentation for the programming broadcast from 6:00 a.m. to midnight on 3 December 1996. In a letter dated 8 January 1997, the licensee advised that human error had "resulted in one of the two logger tapes being inadvertently recorded over". Accordingly, the licensee was unable to provide complete logger tapes as requested by the Commission. In a letter dated 28 July 1997, the Commission informed the licensee that its failure to supply complete logger tapes for the requested period constituted an alleged violation of sections 8(5) and 8(6) of the regulations.
|
5. Responding to the Commission in a letter dated 31 July 1997, the licensee stated that "it seems quite possible that we were in non-compliance on the date in question, although I am not in a position to confirm this". The licensee also outlined the measures that it had since taken to ensure that the station operates in compliance with its regulatory requirements. Specifically, the licensee stated that it had explained to staff that they are legally required to keep logger tapes and had instructed the station's technical co-ordinator to test each reel and replace those of inadequate quality. In addition, the licensee indicated that it had conducted minor repairs to both logger machines.
|
6. At the hearing, the Commission reminded the licensee that the availability of a complete, clear and intelligible logger tape is particularly important as it allows the Commission, not only to initiate its own monitoring of programming, but also to act on complaints from the general public concerning programming matters.
|
7. The licensee, at the hearing, indicated that it has moved the logger machines to the control room to ensure that someone is nearby to respond to the alarm attached to the machines, if it rings. In addition, the licensee stated that it has given training courses to all staff and provides an orientation course for each new volunteer that covers the basics of the Commission's broadcasting policy.
|
8. At the hearing, the Commission asked the licensee to provide CKCU-FM's logger tapes for the period 25 January to 31 January 1998 along with a list of selections played.
|
9. The licensee again failed to supply complete logger tapes for the period in question. It provided incomplete logger tapes for 31 January accompanied by a letter explaining that the logger machine had ceased operation at 1:10 that afternoon because of a defective spot on the recording tape. The licensee explained that the error occurred on Sunday afternoon when no one was working in the production studio and, consequently, there was no one to respond to the alarm. The licensee further stated that it intended to install, in the on-air control room, a remote control alarm that can be shut off only by attending to the fault and restoring the logger tape machines to operation.
|
10. The Commission is gravely concerned with Radio Carleton's repeated failure to comply with the requirements of the regulations. The Commission is of the view that the licensee has not shown cause why the Commission should not issue a mandatory order. Consequently, the Commission has decided to issue Mandatory Order 1998-1 set out in the appendix to this decision. This mandatory order will be in effect throughout the new licence term.
|
11. If, at any time, the licensee should fail to comply with the requirements of the regulations or the conditions of its licence mentioned in the Mandatory Order appended to this decision, the Commission would provide evidence of such failure to the Federal Court. Radio Carleton would then be required to appear before the Federal Court on a charge of contempt of court. If the licensee were found guilty, it would be found in contempt of court and liable to a fine as provided for by the Federal Court Rules.
|
12. While granting CKCU-FM another short term licence renewal, the Commission refers the licensee to Public Notice CRTC 1993-122 dated 19 August 1993 and entitled Compliance with the Provisions of the Radio Regulations, 1986 Relating to Logger Tapes. The Commission emphasizes that it may have recourse to additional measures in the event of any future non-compliance with the regulations or conditions of licence, including suspension, non-renewal or revocation of the licence.
|
13. In accordance with Public Notice CRTC 1993-38 dated 19 April 1993 entitled Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations, the Commission authorizes the licensee, by condition of licence, to broadcast no more than 504 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour. Of the weekly total of 504 minutes, a maximum of 126 minutes may be conventional advertising. The remainder of advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.
|
14. It is a condition of licence that the licensee retain full control over all decisions concerning the management and programming of this station and that representatives of the student body, faculty, alumni or administration representatives of the university or college with which the station is associated, considered together, form the majority of the board of directors. In addition, the Commission reminds the licensee that, in accordance with the requirements of the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486, the chief executive officer and not less than 80 per cent of the members of the board of directors must be Canadians ordinarily resident in Canada.
|
15. 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 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.
|
This decision is to be appended to the licence.
|
Laura M. Talbot-Allan
Secretary General
|
This document is available in alternative format upon request
|
APPENDIX TO DECISION CRTC 98-124
|
|
|
Radio Carleton Inc., licensee of CKCU-FM Ottawa, is hereby ordered, pursuant to section 12(2) of the Broadcasting Act, to comply at all times within the term of licence granted in Decision CRTC 98-124 with sections 8(5) and 8(6) of the Radio Regulations, 1986 as set out below:
|
8.(5) A licensee shall retain a clear and intelligible tape recording or other exact copy of all matter broadcast
|
(a) for four weeks from the date of the broadcast; or
|
(b) where the Commission receives a complaint from any person regarding the matter broadcast or for any other reason wishes to investigate it and so notifies the licensee before the expiration of the period referred to in paragraph (a), for eight weeks from the date of the broadcast.
|
8.(6) Where, before the expiry of the applicable period referred to in subsection (5), the Commission requests from the licensee a clear and intelligible tape recording or other exact copy of matter broadcast, the licensee shall furnish it to the Commission forthwith.
|