ARCHIVED -  Decision CRTC 98-376

Decision

Ottawa, 28 August 1998

Decision CRTC 98-376

Newcap Inc.

St. John's, Newfoundland - 199703830

Licence renewal for CKIX-FM

1. Following Public Notice CRTC 1998-51 dated 19 May 1998, the Commission renews the broadcasting licence for the radio programming undertaking CKIX-FM St. John's from 1 September 1998 to 31 August 2002, 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 four-year term will enable the Commission to assess at an earlier date the licensee's compliance with the Radio Regulations, 1986 (the regulations) concerning Canadian content as well as its condition of licence relating to the broadcasting of hit material.

3. The programming of CKIX-FM during the week of 10 to 16 November 1996 was reviewed by the Commission. Analysis of the programming broadcast revealed that the level of hit material broadcast was 50.6%, although by condition of licence the licensee was required to broadcast, in any broadcast week, less than 50% hit material. During the same period, the Canadian content of the Category 2 (General Popular) music broadcast was 28.5%. Section 2.2(3) of the regulations requires that a minimum of 30% of all musical selections broadcast each week from category 2 be Canadian.

4. In response to the Commission's findings, the licensee acknowleged the non-compliance, and stated that corrective measures have been implemented.

5. It is a condition of licence that this station not be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

6. It is also a condition of licence that the licensee broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42 dated 23 April 1997, as amended from time to time.

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, concurrently with 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. 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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