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ARCHIVED -  Decision CRTC 99-532

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Decision CRTC 99-532

  Ottawa, 8 December 1999
  Radio Ville-Marie
Montréal, Quebec – 199901046
  Application processed by Public Notice CRTC 1999-100 dated 21 June 1999
  Licence renewal for CIRA-FM; denial of the request to decrease the minimum percentage of category 3 Canadian music selections
  1. The Commission renews the broadcasting licence for the French-language predominantly religious radio programming undertaking CIRA-FM Montréal, from 1 January 2000 to 31 August 2003, subject to the conditions specified in this decision and in the licence to be issued. CIRA-FM is operated as an "other special" station.
  2. The licence term granted herein will enable the Commission to consider at an early date the licensee’s compliance with the Radio Regulations, 1986 (the regulations) regarding the provision of logger tapes, the broadcast of Canadian content for category 2 music, and its condition of licence regarding the broadcast of Canadian content for category 3 music.
  3. The Commission notes that the licensee has taken measures to correct its non compliance with the regulatory requirements in effect before 3 January 1999 regarding the provision of logger tapes and the broadcast of category 2 music and with its condition of licence regarding Canadian content for category 3 music.
  4. The licensee requested that its condition of its licence requiring a minimum level of category 3 music of 15% be amended to allow it to broadcast a minimum level of 10%. The Commission is of the view that the licensee’s circumstances do not warrant a departure from its long-standing practice of denying licence amendment applications filed by licensees in non-compliance. Accordingly, the Commission denies the licensee’s application.
  5. The Commission draws the licensee's attention to its ongoing obligations with respect to logger tapes and Canadian content for category 2 music, under the regulations, as amended.
  Conditions of licence
  6. The licence will be subject to the following conditions of licence:
 

· that a majority of the broadcast week be devoted to broadcasting religious programming as defined in Public Notice CRTC 1993-78.

 

· that the licensee adhere to the guidelines on ethics for religious programming set out in Public Notice CRTC 1993-78 regarding solicitation of funds and religious programming practices.

 

· 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 per hour of broadcast up to a total of 504 minutes of advertising per week.

 

· that the licensee adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters’ (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved 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.

 

· that the licensee adhere to the provisions of the CAB’s Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

  7. Further, consistent with Decision CRTC 96-531 dated 28 August 1996, the licensee is authorized, by condition of licence, to use a Subsidiary Communications Multiplex Operation (SCMO) channel, for the purpose of distributing a predominantly Italian-language religious service. It is also a condition of licence that the licensee neither solicit nor accept advertising paid or unpaid as part of this predominantly Italian-language religious SCMO service. For the purposes of this condition, "advertising" means "commercial message" as defined in the regulations.
  8. Consistent with Decision CRTC 99-82 dated 9 April 1999, the licensee is also authorized, by condition of licence, to use a second SCMO channel for the purpose of distributing the religious programming of Radio Chalom.
  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. In this regard, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
  Secretary General
  This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site: www.crtc.gc.ca
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