ARCHIVED - Decision CRTC 2001-37

Decision CRTC 2001-37

Ottawa, 2 February 2001

University of Toronto Community Radio Inc.
Toronto, Ontario 2000-1258-4

18 September 2000 Public Hearing
National Capital Region

Thirty-month licence renewal for CIUT-FM

The Commission renews the licence for the community-based campus radio programming undertaking CIUT-FM Toronto, from 1 March 2001 to 31 August 2003, subject to the conditions set out in the licence to be issued. The standard conditions of licence for campus stations are also found in Public Notice CRTC 2000-156. 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 concerns giving rise to this short-term licence renewal are discussed below.

The renewal of this licence follows the new Campus radio policy. Among other things, the Commission has removed the requirement to submit a Promise of Performance and removed stipulations regarding the use of "restricted" advertising, in accordance with the new policy (PN 2000-12).

Compliance concerns

The Commission renewed CIUT-FM's licence for a term of four years in Decision CRTC 95-610. This short-term licence renewal was the result of the licensee's failure to comply with the requirements of the Radio Regulations, 1986 (the regulations) to maintain logger tapes. CIUT-FM's licence was administratively renewed in Decisions CRTC 98-538 and CRTC 2000-269.

The Commission requested the logger tapes and other material related to the programming broadcast by CIUT-FM in 1997 and 1999. The first request related to programming broadcast on 5 November 1997. The analysis indicated that the logger tapes and program logs met the requirements of the regulations.

The second analysis followed the receipt of complaints about operational problems at CIUT-FM and the effect of these problems on the station's programming. In order to verify that CIUT-FM was operating in compliance, the Commission requested logger tapes and materials related to the programming broadcast during the week of 24 to 30 October 1999. The Commission's analysis revealed three apparent instances of non-compliance with the regulations: the logger tapes and music lists were both incomplete, and there was a shortfall in the level of Canadian music in category 2.

Specifically, the tapes provided by the licensee did not include a full record of programming broadcast during the week requested. Instead, they included portions of programming broadcast from 11 to 15 October and from 1 to 6 November 1999. CIUT-FM was also unable to provide music lists for approximately twelve hours of programming for the week in question. As well, a self-assessment report filed by the licensee indicated a weekly Canadian content level of 17% for category 2 music, a level well below the 30% minimum that Section 2 of the regulations required at the time the programming was broadcast.

Section 8 of 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.

Section 9 of the regulations requires, in part, that licensees submit lists of all musical selections that they play to the Commission upon request. These lists are used along with the logger tapes to determine if a station is fulfilling the requirements of the regulations relating, among other things, to the broadcast of Canadian music.

The Commission called the licensee to appear at the 18 September 2000 public hearing to discuss CIUT-FM's apparent non-compliance with the regulations concerning the provision of logger tapes and music lists, and the broadcast of Canadian music in category 2. The Commission further advised the licensee that it would be expected to show cause why the Commission should not issue a mandatory order requiring CIUT-FM to comply with the regulations.

Measures taken by the licensee to ensure compliance

At the hearing, the licensee outlined a number of steps it had taken to ensure compliance with the regulations.

The licensee indicated that CIUT-FM experienced severe governance and management problems in 1999. These problems, which resulted from financial difficulties and conflicts between various parties involved in the station, culminated in the suspension of CIUT-FM's regular programming on 1 October 1999 and the implementation of a new program schedule on 12 October 1999. On 12 November 1999, the licensee applied to the Commission for a temporary management authorization under which Mr. Brian Burchell would serve as station manager. The Commission approved the authorization on 28 January 2000.

The licensee stated that as a result of the difficulties experienced during October 1999, the time period for which the Commission requested tapes, no technician was available to maintain the logger system. The licensee has since installed a second logger system with its own power supply to run in parallel with the existing system. Therefore, should one system fail, programming would still be recorded by the second system. The licensee also indicated that the volunteer technical director, station manager and program director closely monitor the logging system to ensure that it is operating properly.

The licensee indicated that compliance problems related to music lists and the level of Canadian music were also related to management problems occurring in 1999. It is now the responsibility of the program director to undertake daily and weekly reviews of music lists, including Canadian content levels. A dual filing system has been implemented to ensure that Canadian content levels and other information relating to CIUT-FM's music is available to the Commission upon request.

CIUT-FM now conducts training sessions for station volunteers and staff to acquaint them with the station's regulatory obligations. The licensee is also creating a music library dedicated to Canadian selections to make it easier for programmers to select Canadian music in all genres.

Interventions

The Commission received 131 interventions fully supporting the licence renewal application.

Eighteen other interveners expressed a number of concerns about the operations and programming of CIUT-FM. A major issue was a perceived lack of opportunity for volunteers from the community at large to participate in the governance of the station.

The Commission considers that the board of directors of a campus station must allow for broad representation that includes members of the community at large. In Public Notice CRTC 2000-12 Campus radio policy, the Commission made the following statement with respect to the structure of the board of directors of campus stations:

.the Commission will expect the board of directors of a campus radio station to include balanced representation from among the student body, the associated college or university (for example, faculty or administration), station volunteers, and from the community at large. To ensure continuity of direction, the Commission also encourages campus stations to establish positions on their boards of directors with terms of more than one year.

The licensee has submitted revised by-laws to the Commission. The by-laws establish a board with eleven voting members that will include:

• one director appointed by the Board of Directors of the Students' Administrative Council;

• three full-time undergraduate students of the University of Toronto;

• two staff or faculty members of the university;

• two volunteer members of University of Toronto Community Radio;

• three members of the community at large.

In addition, the station manager will serve as a non-voting ex-officio member of the board.

Interveners also expressed concern about various programming changes. The Commission's primary concern is that a station's programming meets the requirements of the regulations and the terms of its conditions of licence. Day-to-day decisions such as the particular programs to be broadcast and the appointment of program hosts are the responsibility of the licensee.

Commission's determination

The Commission considers that the revised structure of the board of directors set out in the by-laws will ensure that a broad range of views is represented on the board. It is fully satisfied with this revised governance structure.

The Commission is concerned about the licensee's repeated failure to comply with the regulations. However, in light of the steps that CIUT-FM has taken to ensure compliance, the Commission considers that it is not necessary to impose a mandatory order. It will, however, closely monitor CIUT-FM's performance with respect to compliance with the regulations during the new licence term.

Employment equity

The Commission considers that campus and community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages the licensee to consider these issues in its hiring practices and in all other aspects of its management of human resources. (see PN 1992-59)

Related CRTC documents

• Public Notice CRTC 2000-156 - New licence form for campus radio stations

• Public Notice 2000-93 - Regulatory amendments to implement certain aspects of the revised policies for campus and community radio, and incorporate revised content categories for radio

• Public Notice 2000-12 - Campus radio policy

• Public Notice 2000-14 - Revised content categories and subcategories for radio

• Public Notice 1997-42 -Revised policy on the use of hits by English-language FM 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