ARCHIVED - Decision CRTC 2000-411

Decision CRTC 2000-411

Ottawa, 18 October 2000

Playland Broadcasting Limited
Parry Sound, Ontario - 199916061 

4 July 2000 Public Hearing in Toronto

Eighteen-month licence renewal for CKLP-FM

The Commission renews the licence for CKLP-FM Parry Sound from 1 March 2001 to 31 August 2002. This short-term renewal will allow the Commission to conduct an early review of the licensee's compliance with its conditions of licence and with the Radio Regulations, 1986. The serious concerns giving rise to this short-term licence renewal are discussed below.

Compliance concerns

The Commission previously renewed CKLP-FM's licence for a term of three years in Decision CRTC 97-375. This short-term licence renewal was the result of the licensee's failure to comply with a condition of licence that required it to maintain the level of hits below 50%.

During the current licence term, the Commission requested the logger tapes and other material related to the programming broadcast by CKLP-FM during the week of 22 to 28 November 1998. Analysis of the logger tapes revealed two apparent instances of non-compliance with the regulations. These problems related to the provision of incomplete logger tapes, and a shortfall in the level of Canadian music.

Section 8 of the Radio Regulations, 1986 (the regulations) requires licensees to keep for a period of at least four weeks from the date of broadcast, "a clear and intelligible tape recording" of the programming broadcast, and to provide it to the Commission upon request. These tapes are essential since the Commission uses them as its primary means to confirm that a station is operating in compliance with the regulations and its programming commitments. Tapes are also used to assess complaints from listeners. The tapes provided by the licensee did not include the programming broadcast on 28 November 1998. Half of the 28 November tape was blank, and the remainder contained programming broadcast on 28 October 1998.

At the time that the programming submitted by CKLP-FM for analysis was broadcast, section 2.2(3) of the regulations required that a minimum of 30% of category 2 musical selections aired each broadcast week by commercial AM and FM stations be Canadian. The Commission's analysis, based on music lists supplied by the licensee, indicated that the level of Canadian musical selections in category 2 broadcast by CKLP-FM during the week in question was 26.1%. The licensee's self-assessment for this same week concluded that the level of Canadian musical selections in category 2 was 25.3%.

The Commission called the licensee to appear at the 4 July 2000 public hearing to discuss CKLP-FM's apparent non-compliance with the regulations. The Commission further advised the licensee that it would be expected to show cause why the Commission should not issue a mandatory order requiring CKLP-FM to comply with the regulations. Failure to comply with a mandatory order can result in a fine under Federal Court Rules.

Licensee's compliance measures

At the hearing, the licensee described a number of steps that it had taken to ensure that CKLP-FM operated in compliance with the regulations at all times.

The station has moved into new facilities since the time that the analysis was conducted. The logger tape is now located in plain sight in the control room and is checked several times daily by station staff. The licensee has also obtained a back-up machine that can be used if the first machine breaks down, and to play back tapes to verify that they have been properly recorded. New tapes for the logger machine have also been obtained to improve the quality of the recordings.

In order to ensure that requirements related to Canadian content are fulfilled, the licensee has obtained a new music selector system. This computer software is more advanced than that previously used, and can ensure the proper levels of Canadian music are programmed even when the station's music format is adjusted for special occasions such as Christmas. The licensee has also obtained a number of publications that are useful in determining if particular musical selections qualify as "Canadian."

The Commission's determination

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

Interventions

The Commission acknowledges the interventions filed in support of this application.

Employment equity

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 (Public Notice CRTC 1992-59).

Conditions of licence for the radio programming undertaking CKLP-FM

The licence will be subject to the conditions of licence for commercial FM radio programming undertakings specified in the licence to be issued (Public Notice CRTC 1999-137).

 

Related CRTC documents

. Public Notice 1999-137 - New licence form for commercial radio stations

. Public Notice 1992-59 - Implementation of an employment equity policy.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca