ARCHIVED - Decision CRTC 2000-6

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Decision CRTC 2000-6

Ottawa, 12 January 2000


Wired World Inc.
Kitchener, Ontario – 199902805
28 June 1999 Public Hearing 
National Capital Region


Eighteen–month licence renewal and licence amendments for CKWR-FM



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



The Commission has renewed CKWR-FM’s licence for eighteen months because it wishes to assess at an early date the licensee’s compliance with the Radio Regulations, 1986 (the regulations) and its conditions of licence. The serious concerns giving rise to this short term are discussed below.



This is the third time that the Commission has issued a short-term licence renewal for CKWR-FM because of concerns related to non-compliance. The Commission last renewed CKWR-FM’s licence for a term of two years (Decision CRTC 97-360). In CKWR-FM's previous licence renewal, the Commission gave the station a four-year licence term (Decision CRTC 93-448). Both short-term licence renewals were a result of the licensee’s failure to provide complete logger tapes when requested to do so by the Commission, as required by the regulations.



During the current licence term, the licensee was in non-compliance with its condition of licence limiting the broadcasting of hits to not more than 15% of all musical selections aired in any broadcast week. On 9 June 1998, the Commission requested the logger tapes and other material related to the programming broadcast by CKWR-FM during the week of 31 May to 6 June 1998. The Commission’s analysis revealed that CKWR-FM had broadcast 18.8% hit material.



Since it had found CKWR-FM to be in non-compliance with the regulations during the previous two licence terms, the Commission, in Notice of Public Hearing CRTC 1999-5, called the licensee to appear at a hearing to be held 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 CKWR-FM to comply with its condition of licence regarding the broadcasting of hits.


The hearing



At the hearing, the licensee agreed that the Commission’s analysis of the broadcast of hits during the week of 31 May to 6 June 1998 was correct. The licensee stated that the non-compliance was a result of human error and offered several reasons for the errors. For example, the licensee explained that, until it had been advised by the Commission, it had been unaware of the references the Commission uses to identify hits.



The licensee outlined the steps it has taken to ensure that CKWR-FM operates in compliance. Among other things, the licensee has acquired appropriate reference materials. To ensure compliance with the logger tape provisions of the regulations, the licensee has acquired, among other upgrades and new equipment, a digital logging system as well as a back-up analog logger system.



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 and its conditions of licence. The Commission therefore considers that it is not necessary to impose a mandatory order. It will, however, monitor closely CKWR-FM’s performance, and places the licensee on notice that, if the Commission determines that CKWR-FM has again failed to comply with the regulations or its conditions of licence, the Commission may take any enforcement measures available to it under the Broadcasting Act.


Conditions of licence



As part of its licence renewal application, the licensee requested changes to some of its conditions of licence. The proposed amendments comply with the Commission’s current policy for community radio (Public Notice CRTC 1992-38) as well as its proposed policy for community radio (Public Notice CRTC 1999-75). Accordingly, the Commission approves the licensee’s request to amend its broadcasting licence as follows:
  • by increasing the maximum percentage of the station's total music programming from subcategory 21 (Pop, Rock and Dance) from 48% to 65%;
  • by decreasing the minimum percentage of category 3 music (Traditional and Special Interest) from 40% to 20%;
  • by increasing the minimum level of Canadian selections broadcast within content category 2 from 30% to 35%;
  • by increasing the minimum level of Canadian selections broadcast within ethnic program periods from 7% to 10%;
  • by decreasing the minimum amount of ethno-cultural groups from 12 to 8 and the minimum number of different languages from 11 to 6; and
  • by decreasing the minimum hours of its weekly broadcast time to be devoted to ethnic programs of types A and B from 32 hours 30 minutes to 29 hours 30 minutes.



The licensee must adhere to the approved levels by condition of licence.



The final condition of licence set out above makes reference to Type A and Type B ethnic programs. The Commission considers that this approach remains appropriate for CKWR-FM at this time given the short term of the licence and because the condition of licence for ethnic programs that was proposed and discussed throughout the licence renewal process was expressed in terms of the Type A and Type B definitions.



However, in Public Notice CRTC 1999-117 which sets out the new Ethnic broadcasting policy, the Commission indicated that it would discontinue imposing conditions based on the old Type A to Type E definitions of ethnic programs. Therefore, at the time of CKWR-FM's next licence renewal, the Commission expects the licensee to propose an amended condition that conforms with the definition of ethnic programs set out in Public Notice CRTC 1999-117.



By condition of licence, the licensee must also:
  • broadcast, in any broadcast week, not more than 15% hit material as defined in Public Notice CRTC 1997-42, as amended from time to time;
  • broadcast no more than 6 minutes of advertising in every hour of broadcast or no more than 8 minutes per hour during ethnic programs, and 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; and


  • 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.
Canadian talent development


During the new licence term, the licensee will support local artists through on-air performances and interviews and ongoing promotions of local concerts. It also plans to record a number of local concerts and broadcast them on CKWR-FM.
Other matters


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 campus and 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.


The Commission has considered the interventions submitted in support of this application.


Secretary General




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