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Halifax, Nova Scotia - 199704599
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Licence renewal for CKDU-FM
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1. Following a Public Hearing held in Saint John on 30 March 1998, the Commission renews the broadcasting licence for the campus/community radio programming undertaking CKDU-FM Halifax, from 1 September 1998 to 31 August 2005. With the exceptions noted below, the licence will be 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 Commission also approves the licensee's request to amend its broadcasting licence by deleting the three conditions of licence imposed by the Commission in Decision CRTC 94-106 with respect to the broadcasting of sexually explicit material. The licensee has instead proposed the following guidelines:
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· warning messages shall be aired periodically starting one week prior to a focused broadcast containing sexually explicit material, two hours before such a program, and every hour on the hour during the program if the program will contain sexually explicit material to be aired between 6 a.m. and 9 p.m. Such warnings shall be positive statements produced in a form that does not alienate the groups or individuals intended as the primary audience of the focus broadcast, but which also make clear that some portions of the broadcast will contain sexually oriented material intended for a mature audience;
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· sexually explicit material SHALL NOT be broadcast on CKDU-FM unless a warning is issued immediately prior to its broadcast; if the material is placed in the proper context; and if the material has worthwhile educational, social, or political value; and
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· on the occasion that material to be aired may be considered offensive to some listeners, the material shall only be broadcast if placed in the proper context, and if the material has worthwhile educational, social, or political value.
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3. The Commission accepts the above-noted guidelines and expects the licensee to adopt these guidelines as internal policy and to adhere to such policy. The Commission puts the licensee on notice that any future complaints involving the broadcasting of any apparent sexually explicit material will be judged in part, against the licensee's adherence to its guidelines.
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4. The Commission notes that the licensee submitted a copy of its Volunteer Training Manual, which sets out details on recruiting and training procedures, membership rights and responsibilities and a section which identifies and presents potentially offensive material. The Commission expects the licensee to adhere to the procedures and guidelines as contained in the Volunteer Training Manual. The Commission reminds the licensee that the use of volunteers in no way relieves it of the requirement to abide by all relevant regulations and conditions of licence.
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5. The Commission reminds the licensee of its obligation to fulfil the requirements of section 3(1)(g) of the Broadcasting Act, which states that "the programming originated by broadcasting undertakings should be of high standard."
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6. The Commission notes the alternative programming mix to be offered including the weekday news magazine program with an emphasis on local events and communities. Specialized spoken word programs will feature broadcasts dealing with student life, health, the arts, the environment as well as third-language programming. In the area of Canadian talent development, the station will continue to promote and broadcast new music by local and Canadian artists.
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7. 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.
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8. 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.
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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. 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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10. The Commission acknowledges the numerous interventions received in support of this 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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