ARCHIVED - Decision CRTC 2000-4
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Decision CRTC 2000-4 |
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Ottawa, 10 January 2000 |
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Norcom Telecommunications Limited Kenora/Keewatin, Ontario – 199901062 |
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28 June 1999 Public Hearing National Capital Region |
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| Two-year licence renewal for CJBN-TV | ||
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The Commission renews the broadcasting licence for CJBN-TV Kenora/Keewatin from 1 March 2000 to 28 February 2002, subject to the conditions specified in this decision and in the licence to be issued. |
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The Commission has renewed CJBN-TV’s licence for only two years because it wishes to assess at an early date the licensee’s compliance with the Television Broadcasting Regulations, 1987 (the regulations). The serious concerns giving rise to this short-term licence renewal are discussed below. | |
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CJBN-TV, a CTV affiliate, is the only television station between Thunder Bay and Winnipeg that broadcasts local programming. |
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| Background | ||
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The Commission last renewed CJBN-TV’s licence for a term of four years in Decision CRTC 95-522. The short-term licence renewal was the result of the licensee’s failure to comply with sections 4(6) and 4(7)(b) of the regulations relating to the broadcast of Canadian programming. These sections require a licensee to devote not less than 60% of the broadcast year, and not less than 50% of the evening broadcast period (between 6:00 p.m. and midnight), to the broadcasting of Canadian programs. |
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During the current licence term, the Commission’s analysis of CJBN-TV’s programming revealed that, in the broadcast year ending 31 August 1997, the licensee had aired a Canadian content level of 47.58% overall, and 33.56% during the evening broadcast period. In the broadcast year ending 31 August 1998, CJBN-TV aired a Canadian content level of 47.84% overall, and 43.74% during the evening broadcast period. |
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Since it found CJBN-TV to be in non-compliance with the regulations during two consecutive licence terms, the Commission, in Notice of Public Hearing CRTC 1999-5, called the licensee to appear at a hearing to be held beginning on 28 June 1999. The licensee was advised that it would be expected to show cause why the Commission should not issue a mandatory order requiring CJBN-TV to comply with regulatory requirements relating to Canadian content. |
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The hearing |
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At the hearing, the licensee acknowledged that it had been in non-compliance with the requirements for Canadian programs during both licence terms. It described the factors that had contributed to CJBN-TV’s non-compliance during the current term. Among other things, the licensee stated that, during the period in question, the Kenora market had suffered an economic downturn that affected the station’s advertising revenues. The licensee indicated that it had difficulty obtaining affordable Canadian programming. Further, the licensee stated that its monitoring system, which has been in place since 1982, is "antiquated." As a result, it had not been able to properly monitor CJBN-TV’s Canadian content. |
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The licensee outlined the measures its has taken to ensure that CJBN-TV provides the required level of Canadian programming during the new licence term. Specifically, it noted that Kenora's economy has now improved and that CJBN-TV is operating more efficiently. The licensee has also hired a computer programmer to write a new monitoring system that takes into account the CRTC’s requirements for logs and the monitoring of Canadian content. The licensee expected that the new system would be operational by September 1999. Furthermore, the licensee is seeking new sources for Canadian programming. |
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At the hearing, the licensee stated that it expected that, for the period of 4 January 1999 to 4 September 1999, its Canadian content level would be 64% overall and 50% during the evening broadcast period. The Commission asked the licensee to submit weekly program schedules proving that it was indeed operating in compliance with the regulations. |
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Following the hearing, the licensee submitted schedules of the programming broadcast for each week, starting 4 January 1999 and ending 5 September 1999. The schedules indicated that CJBN-TV was sufficiently increasing its level of Canadian programming to enable it to meet the requirements of the regulations. |
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The Commission is satisfied with the measures taken by the licensee. It considers that the licensee has demonstrated a firm commitment to comply with the regulations including, in particular, sections 4(6) and 4(7)(b) concerning the broadcast of Canadian programming. The Commission therefore considers that it is not necessary to impose a mandatory order. It does, however, consider that a short-term renewal of two years is appropriate in light of the licensee's repeated problems with compliance. The Commission will monitor closely CJBN-TV’s performance, and places the licensee on notice that, if it determines that the station has again failed to comply with the provisions of the regulations, the Commission may take any enforcement measures available to it under the Broadcasting Act. |
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Local programming |
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At the time of its last licence renewal, the licensee made a commitment to broadcast at least 2 hours and 30 minutes of original news each week. In the broadcast year ending 31 August 1997, CJBN-TV aired an average of 1 hour and 3 minutes of original news each week and only 36 minutes each week in the broadcast year ending 31 August 1998. In 1997-1998, CJBN-TV repeated its news program "Point of View" twice each week. The licensee stated that CJBN-TV’s poor financial situation prevented it from producing more original news. |
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As part of its licence renewal application, the licensee indicated that it will continue to broadcast "Point of View" which consists of 30 minutes each week of original local and regional news. The licensee will repeat "Point of View" twice during the week and will provide the program to its cable systems in northwestern Ontario. |
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Since the licensee filed its licence renewal application, the Commission has issued its new policy on television in Building on Success: A Policy Framework for Canadian Television (Public Notice CRTC 1999-97). The new policy requires television stations to provide local reflection, but no longer requires a quantitative commitment to original news programs. |
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The Commission notes that the licensee is proposing to offer only 30 minutes of original local reflection in each week. Nevertheless, the Commission has taken into consideration the fact that CJBN-TV, which is unprofitable, is the smallest stand-alone television station in Canada and has the lowest revenues of any stand-alone station. Kenora is located in a remote area and CJBN-TV is the only television outlet for advertisers in the region. CJBN-TV must compete with direct-to-home satellite services that do not carry the television station’s signal. There were no opposing interventions to CJBN-TV’s licence renewal application. In the circumstances, the Commission considers that the licensee’s proposal to offer 30 minutes of original local reflection each week is adequate. |
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Conditions of licence |
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By condition of licence, the licensee must: |
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Other matters |
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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. |
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