ARCHIVED - Decision CRTC 2000-416

Decision CRTC 2000-416

Ottawa, 26 October 2000

Radiomutuel inc.
Chicoutimi, Quebec - 199917639

27 June 2000 Public Hearing
in Montréal

Licence renewal for CKRS

The Commission renews the broadcasting licence for CKRS Chicoutimi for a term of 21 months, until 31 August 2002. This is due to the licensee's failure to comply with the requirements set out in the Radio Regulations, 1986, (the regulations) concerning the broadcast of French-language vocal music.

The Commission deletes the condition of licence requiring compliance by the licensee of CKRS with the Radiomutuel Policy on Content (the Radiomutuel Policy). The Commission in this regard has taken into account the clear improvement in the licensee's performance in meeting the policy's requirements over the current licence term. It nevertheless expects the licensee to continue to abide fully with the requirements of both the Radiomédia and Radiomutuel policies.

The appendix to this decision sets forth the terms and conditions of the renewed licence.

Reasons for Appearance

The Commission called the licensee to appear at the 27 June 2000 public hearing to discuss its apparent failure to comply with the regulatory requirement whereby, in any broadcast week, it devote 65% or more of its vocal musical selections from content category 2 to French-language musical selections broadcast in their entirety. The Commission called upon the licensee to demonstrate why the Commission should not issue an order requiring it to comply with this requirement.

The Commission at the hearing also discussed the licensee's application to delete the condition of licence requiring it to abide by the Radiomutuel Policy, and the expectation regarding the Radiomutuel guidelines. Under these guidelines, the licensee is expected to:

· inform the Commission as soon as possible of any legal action against CKRS or any judgement or out-of-court settlement resulting from legal action against CKRS or CKRS program hosts relating to on-air comments; and

· provide a copy of the Radiomutuel Policy to the CKRS program hosts and to any person who requests it.

Background

In Decision CRTC 98-126, for the third time, the Commission issued a short term licence renewal to CKRS because of complaints received about on-air comments. The Commission renewed the condition of licence requiring the licensee to abide by the Radiomutuel Policy. It also dealt with the licensee's failure to comply with the regulatory requirement concerning French-language vocal music.

On 12 January 2000 (Decision CRTC 2000-5 the Commission approved the transfer of control and ownership of the station to Astral Communications Inc. (now Group Radio Astral).

French-language vocal music

During the present licence term the Commission requested the licensee to submit to it the logger tapes and documentation relating to the programming broadcast from 22 to 28 November 1998. Following its review, the Commission informed the licensee of its finding that the level of French-language vocal music broadcast by the station during the period in question was 61.8%, whereas the regulations require a minimum level of 65%.

In its reply, the licensee emphasized that CKRS's programming originated from two sources, namely from the station and from the Radiomédia network. Regarding programming originating from the station, the licensee explained that in 1998 it had undertaken to computerize the play list of the music that it broadcasts locally in order to be able to check the accuracy of all programming broadcast. The licensee explained, however, that implementation of this computer system had not been completed at the time the Commission requested the logger tapes.

Regarding programming originating from the Radiomédia network, 13 French-language vocal selections entered on the 22 November play list were not broadcast, and a selection classified as being in the French language was in fact in a foreign language. Upon discovering this, the licensee requested the network to review its procedures and furnish every Friday an accurate list of the vocal musical selections broadcast from Sunday to Thursday.

The licensee at the hearing maintained that these measures enable it, if necessary, to adjust its programming on Saturday to ensure compliance with the regulations. It assured the Commission that it has been in compliance with the regulations since these measures have been in place.

Based on the explanations provided by the licensee and the corrective measures it has taken to ensure compliance in the new licence term, the Commission is satisfied that the licensee demonstrated at the hearing a firm intention to comply with the regulations in the future, and that it has shown cause why the Commission should not issue a mandatory order.

The Commission has decided to renew the CKRS licence for a period of 21 months only. It will monitor closely the licensee's performance and places the licensee on notice that, if it determines the licensee to have again failed to meet the regulatory requirements, the Commission may take all enforcement measures available to it under the Broadcasting Act.

Radiomutuel Policy on Content

In Decision 98-126 the Commission renewed CKRS's condition of licence requiring full compliance by the licensee with the Radiomutuel Policy on Content. At that time, the Commission considered that the quality of the station's on-air comments continued to raise certain concerns, and that the licensee was not entirely in control of the situation.

At the 27 June 2000 hearing, Groupe Radio Astral noted its performance in complying with the Radiomutuel Policy and the effectiveness of the measures taken to correct shortcomings. As part of its licence renewal application, the licensee therefore requested that this condition of licence be deleted, and made a commitment to abide by all the components of the Radiomédia policy and the Radiomutuel Policy on Content.

The Commission is satisfied that the licensee has justified removal of this condition of licence. It finds a clear improvement since the last renewal and notes that the seven complaints filed were all settled satisfactorily. The Commission therefore approves the licensee's request and deletes the CKRS condition of licence regarding compliance with the Radiomutuel policy. The Commission nevertheless expects the licensee to comply fully with all the components of the Radiomédia policy and the Radiomutuel Policy on Content.

The licensee also requested that the expectation regarding the Radiomutuel guidelines for CKRS be deleted. Following discussions at the hearing, the licensee agreed that this expectation should be renewed for the new licence term. The Commission therefore expects the licensee to comply with the Radiomutuel guidelines for CKRS, whereby the licensee is to:

· inform the Commission as soon as possible of any legal action against CKRS or any judgement or out-of-court settlement resulting from legal action against CKRS or CKRS program hosts relating to on-air comments; and

· provide a copy of the Radiomutuel Policy to the CKRS program hosts and to any person who requests it.

Canadian talent development

L'Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) filed an intervention requesting the Commission to require, by condition of licence, that Radiomutuel direct its entire Canadian talent development contribution to MusicAction. In reply to this intervention, the licensee indicated that it did not object to such a condition of licence because it was consistent with its plans in any event. A condition of licence in this regard is set out in the appendix to this decision.

The Commission has taken into account all interventions received in reaching its decision on this application.

Related CRTC documents

. Decision 2000-5 - Transfer of the effective control and ownership of broadcasting undertakings from Radiomutuel to Astral Communications inc.

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

. Public Notice 1998-41 - Commercial radio policy 1998

. Decision 98-126 - Short Term licence renewal for CKRS Chicoutimi

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 

Appendix to Decision CRTC 2000-416

Terms and conditions of licence for the radio programming undertaking CKRS Chicoutimi

Terms of licence

· The licence is renewed from 1 December 2000 until 31 August 2002.

· The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996, and therefore files reports concerning employment equity with Human Resources Development Canada.

Conditions of licence

The licence is subject to the following conditions of licence and to the conditions specified in the licence to be issued (Notice CRTC 1999-137):

· The licensee shall direct the whole of its contribution to Canadian talent development to MusicAction.

· As an exception to the percentage of Canadian musical selections required under sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 the licensee shall:

(a) in any broadcast week where at least 90% of musical selections from content category 2 that it broadcasts are selections released before 1 January 1981:

(i) in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and

(ii) between 6 a.m. and 6 p.m., in the period beginning on Monday of that week and ending on Friday of the same broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

For the purpose of this condition, the terms "broadcast week", "content category" and "musical selection" shall have the meaning set out in section 2 of the Radio Regulations, 1986.

The Commission reminds the licensee that it must specify, on music lists provided to the Commission, the year of release for all musical selections broadcast.