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ARCHIVED - Decision CRTC 2000-31

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Decision CRTC 2000-31
Ottawa, 1 February 2000
Community Radio Society of
Saskatoon Inc.
Saskatoon, Saskatchewan – 199901765
28 June 1999 Public Hearing
National Capital Region
Eighteen-month licence renewal for CFCR-FM

1.

The Commission renews the licence for the community radio programming undertaking, CFCR-FM Saskatoon, from 1 March 2000 to 31 August 2001, subject to conditions specified in this decision and in the licence to be issued.

2.

The Commission has granted CFCR-FM an eighteen-month licence renewal because it wishes to review, at an early date, the licensee’s compliance with its conditions of licence and with the Radio Regulations, 1986 (the regulations). The serious concerns giving rise to this short-term licence renewal are discussed below.
Background

3.

The Commission last renewed CFCR-FM's licence for a term of four years in Decision CRTC 95-862. The short-term licence renewal was the result of the licensee’s failure to comply with the requirements of section 8 of the regulations concerning logger tapes. This section requires the licensee to keep, and to provide to the Commission upon request, complete logger tapes of the programming CFCR-FM broadcasts. The decision indicated that the Commission would closely monitor the licensee’s performance during the new licence term.

4.

During the current licence term, the Commission requested the logger tapes and other material related to the programming broadcast by CFCR-FM during the week of 20 to 26 July 1997. Analysis of the logger tapes revealed that approximately 15 hours were missing from the tapes.

5.

Verification of the music lists for that week indicated that the lists did not include musical selections played during 38 hours of programming. Section 9(3) of the regulations requires the licensee to provide the Commission with complete music lists.

6.

The licensee's self-assessment report for the period in question indicated that CFCR-FM had broadcast 23% Canadian content for category 2 music selections and 3% for category 3 music selections. CFCR-FM's condition of licence requires the station to broadcast a minimum of 33% Canadian content for category 2 music selections. Section 2.2(3) of the regulations requires the licensee to broadcast 10% Canadian content for category 3 music selections.

7.

The Commission called the licensee to appear at the 28 June 1999 public hearing to discuss CFCR-FM’s non-compliance with the regulatory requirements. In Notices of Public Hearing CRTC 1999-5 and 1999-5-2, 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 CFCR-FM to comply with its conditions of licence and the sections of the regulations mentioned above.
The hearing

8.

At the hearing, the licensee stated that, in 1997, it used a reel-to-reel logger tape system that was not user-friendly and was, occasionally, unreliable. Problems arose because volunteers who were not adequately trained had to operate the logger system on their own on weekends when staff members were not available.

9.

The licensee explained that the shortfall in Canadian content levels was because, in 1997, it did not clearly understand the difference between category 2 and category 3 music.

10.

The licensee outlined the measures it has taken to ensure that CFCR-FM operates in compliance with the Commission's regulatory requirements. It has installed a more user-friendly VCR system to log CFCR-FM's programs. However, when questioned at the hearing, the licensee indicated that the new logger tape system could record only six hours of programming at a time. It stated that it had not sought out a system that would give it a longer recording. In addition, the licensee stated that, after listening to presentations by other licensees at the hearing, it had decided to introduce a back-up system for the logger tape system.

11.

The licensee also indicated that the program director inspects the logger tapes twice daily as well as the music lists weekly to ensure that they are completed properly, and to verify the Canadian content levels. In its manuals and training sessions for volunteers, the licensee emphasizes the importance of adhering to the regulatory requirements regarding logger tapes, music lists and Canadian content. The licensee has dedicated a section of its music library to local musicians and introduced programs that are devoted to Canadian talent in both category 2 and category 3 music.
The Commission's determination

12.

The Commission is seriously concerned with the licensee’s repeated failure to comply with the requirements of the regulations. However, in light of the measures that CFCR-FM has outlined to ensure compliance with the regulations and its conditions of licence, the Commission considers that it is not necessary to impose a mandatory order. It will, however, monitor closely CFCR-FM's performance and places the licensee on notice that, if the Commission determines that CFCR-FM has again failed to comply with the regulations or its conditions licence, the Commission may take any enforcement measures available to it under the Broadcasting Act.

13.

The Commission is reimposing a condition of licence requiring CFCR-FM to broadcast a minimum of 33% Canadian content for category 2 music, which condition will expire upon the coming into force of new Canadian content levels for category 2 music selections under the regulations. The proposed amendments to the regulations giving effect to the new policy for community radio set out in Public Notice CRTC 2000-13 would, if approved, require community stations to broadcast at least 35% Canadian content for category 2 music selections.

14.

As part of its licence renewal application, the licensee asked to amend its condition of licence requiring that it direct its ethnic programming to at least 16 cultural groups in at least 16 different languages. The licensee proposed to reduce its service to 13 groups and languages. At the hearing, the licensee indicated that, since June 1998, it has been broadcasting ethnic programming to only 13 different ethno-cultural groups. It is the Commission's longstanding practice to deny licence amendments requested by licensees that are in non-compliance with their regulatory obligations. The Commission does not consider that a departure from this practice is warranted in this case and, therefore, denies the licensee's request. A condition of licence in this regard is set out below. It reminds the licensee that to continue to serve 13 groups rather than 16 would be in contravention of its condition of licence.
Conditions of licence

15.

By condition of licence, the licensee must:
  • devote, in each broadcast week, a minimum of 15 hours 30 minutes to ethnic programs as defined in the ethnic broadcasting policy set out in Public Notice CRTC 1999-117;
  • direct its ethnic programming to a minimum of 16 cultural groups in a minimum of 16 different languages;
  • broadcast a maximum of 8 minutes of advertising per hour during ethnic programs, providing that the overall weekly maximum of 504 minutes of on-air advertising is observed;
  • broadcast no more than 6 minutes of advertising in any hour of broadcast, and 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 week, in accordance with the community radio policy for Type B stations;
  • broadcast a minimum level of 33% Canadian content for category 2 selections, which condition will expire upon the coming into force of new Canadian content levels for category 2 music selections under the regulations.
  • 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; and
  • 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.
Canadian talent development

16.

During the new licence term, CFCR-FM will continue to broadcast live performances of local and touring Canadian musicians and performers. CFCR-FM will also be involved in the development and production of concerts of Canadian musicians. It will broadcast interviews with Canadian musicians, actors, comedians and performers appearing in Saskatoon and air programs featuring the works of Canadian musicians. The licensee will continue to publish "Soundscape," a monthly program guide that contains interviews and concert reviews of performances by Canadian bands and artists.
Employment equity

17.

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.
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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