ARCHIVED - Decision CRTC 2001-677

Decision CRTC 2001-677

Ottawa, 7 November 2001

Community Radio Society of Saskatoon Inc.
Saskatoon, Saskatchewan 2001-0347-4 

19 June 2001 Public Hearing
National Capital Region

Fifteen-month licence renewal for CFCR-FM and issuance of a mandatory order

The Commission renews the broadcasting licence for the Type B community radio station, CFCR-FM Saskatoon, from 1 December 2001 to 28 February 2003, subject to the conditions specified in this decision and to those set out in Public Notice CRTC 2000-157.

The Commission has renewed CFCR-FM's licence for fifteen months because it wishes to assess at an early date the licensee's compliance with its conditions of licence and with the Radio Regulations, 1986 (the regulations). This is the third time that the licensee of this community radio station has been granted a short term licence renewal for failing to honour its obligations. The serious concerns giving rise to this short term licence renewal are discussed below.

The renewal of this licence follows the new Community radio policy. Among other things, the Commission has removed the requirement to submit a Promise of Performance and the limit on advertising for Type B community radio stations. Type B stations now have the same advertising flexibility as Type A stations (Public Notice CRTC 2000-13).

Background

During the current licence term, the Commission requested the logger tapes and other material related to the programming broadcast by CFCR-FM over the week of 28 May to 3 June 2000. Analysis of the logger tapes and music lists revealed that during that week the station had broadcast a Canadian content level of 28.1% for popular (category 2) music selections, rather than the minimum of 33% required by condition of licence.

The Commission called the licensee to appear at the 19 June 2001 public hearing to discuss CFCR-FM's apparent non-compliance with its condition of licence requiring that at least 33% of the category 2 music selections that the station broadcast each week be Canadian. The regulations now require that at least 35% of category 2 music selections aired by community radio stations each week be Canadian, broadcast in their entirety. The Commission advised the licensee that it would be expected to show cause why the Commission should not issue a mandatory order requiring CFCR-FM to comply during the new licence term with the current required level of Canadian content for category 2 music selections, as set out in the regulations.

The June 2001 public hearing was the second time in two years that the licensee appeared before the Commission under these circumstances. The Commission called the licensee to appear at a public hearing in June 1999 to discuss CFCR-FM's non-compliance and to show cause why the Commission should not issue a mandatory order requiring the licensee to comply with various sections of the regulations and CFCR-FM's conditions of licence, including its obligation to broadcast a minimum of 33% Canadian content for category 2 music selections.

In Decision CRTC 2000-31, the Commission renewed CFCR-FM's licence for only eighteen months. Taking into consideration the measures that the licensee had outlined at the hearing to ensure compliance, the Commission concluded that it was not necessary to issue a mandatory order at that time. The Commission re-imposed the condition of licence requiring CFCR-FM to broadcast at least 33% Canadian content for category 2 music until the coming into force of the minimum level of 35% now required by the regulations. The Commission also stated that it would monitor CFCR-FM's performance closely and placed the licensee on notice that, if the Commission found that the station had again failed to comply with its regulations or its conditions of licence, the Commission might take any enforcement measure available to it under the Broadcasting Act.

In Circular No. 444 dated 7 May 2001, the Commission explained its practices regarding radio non-compliance to all licensees of radio programming undertakings.

The hearing

At the hearing, the licensee stated that it was "very surprised" that the Commission had found CFCR-FM to be in non-compliance with its condition of licence. The licensee suggested that the shortfall in Canadian content was a result of financial constraints that have forced it to reduce its full-time, paid staff to only three and operate the station primarily with volunteers. It maintained that, with such limited staff, it is difficult to supervise these volunteers and monitor the programming they produce to ensure that it complies with CFCR-FM's regulatory requirements.

The licensee stated that it "hopefully" has undertaken all the measures needed to ensure compliance during the new licence term. Among other things, the licensee has introduced a new weekday program that will offer only Canadian content and increased the Canadian content of other programs. It has also has taken steps to make its volunteers more aware of CFCR-FM's obligations.

As part of its licence renewal application, the licensee asked to amend its conditions of licence requiring that it broadcast at least 15 hours 30 minutes in each broadcast week of ethnic programs as defined in the ethnic broadcasting policy and direct this programming to a minimum of 16 cultural groups in a minimum of 16 different languages. The licensee proposed conditions that would require CFCR-FM to devote a minimum of 10 hours in each broadcast week to ethnic programming and reduce the minimum number of cultural groups and languages to 10.

At the hearing, the licensee explained that, since some of the ethnic communities represented on-air on CFCR-FM are very small, it may have difficulty recruiting volunteer hosts for ethnic programs in the event that current hosts leave the station. The licensee therefore wishes to have greater flexibility in its conditions of licence pertaining to ethnic programming. It nevertheless confirmed that, even if its proposed amendments were approved, it would continue to offer, over the new licence term, approximately 18 hours of third language programming, CFCR-FM's current level of ethnic programming.

The Commission's decision

The Commission is gravely concerned with the licensee's repeated failure to comply with its regulatory requirement regarding the broadcast of Canadian content for category 2 music. The Commission emphasizes that, although this community station is staffed, in a large part, by volunteers, this in no way justifies the licensee's failure to comply with its regulatory requirements. A community station licensee is ultimately responsible for its station's performance. The onus is on the licensee to put in place effective mechanisms and provide the training needed to ensure compliance at all times with the regulations and conditions of licence.

The Commission has concluded that the licensee has not shown cause why the Commission should not issue a mandatory order requiring compliance with the requirement of the regulations that, in each broadcast week, CFCR-FM devote 35% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety. The Commission's decision in this matter reflects the seriousness with which it views the licensee's repeated and persistent failure to comply with its regulatory requirements. The Commission has also considered the assurances offered by the licensee at the time of its licence renewal in Decision CRTC 2000-31 that it would take all measures necessary to remain in compliance at all times.

Consequently, the Commission has decided to issue Mandatory Order 2001-1 set out in the appendix to this decision. This mandatory order will be in effect throughout the new licence term.

If, at any time, the licensee should fail to comply with the provisions of the mandatory order appended to this decision, the Commission could provide evidence of such failure to the Federal Court. The licensee would then be required to appear before the Federal Court on a charge of contempt of court. If the licensee were found guilty, it would be liable to a fine as provided for by the Federal Court Rules.

The Commission emphasizes that it may have recourse to additional measures in the event of any future non-compliance with the conditions of licence or regulations, including suspension, non-renewal or revocation of the licence.

The Commission intends to monitor the licensee's performance closely during the new licence term. The Commission will undertake its usual procedures for monitoring a station's programming. In addition, during the new licence term, the licensee must file a self-assessment report every three months on the programming broadcast during a chosen week, as specified by Commission staff. Each report must provide evidence of CFCR-FM's performance in complying with the Commission's regulations and policies. Along with each report, the licensee must submit written evidence that it has complied with the logger tape requirements set out in section 8 of the regulations during the three-month period.

With regard to the licensee's request to amend its conditions of licence related to ethnic programming, the Commission notes that the licensee clearly indicated at the hearing that it would continue to broadcast approximately 18 hours of third language programming in each broadcast week during the licence term. According to the Commission's ethnic broadcasting policy, non-ethnic stations such as CFCR-FM may devote up to 15% of their broadcast week to third-language programming without the Commission's authorization. The Commission has, therefore, decided that it is not necessary to re-impose CFCR-FM's current conditions of licence related to ethnic programming. The Commission, nevertheless, expects the licensee to continue to offer approximately 18 hours of third language programming in each broadcast week over the new licence term.

Canadian talent development

The Commission expects the licensee to implement the initiatives set out in its plan for Canadian talent development and to give effect to the measures designed to encourage the participation of volunteers.

Other matters

The Commission considers that 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 (Public Notice CRTC 1992-59).

The Commission acknowledges the comments filed by the Alliance of Canadian Cinema, Television and Radio Artists regarding this application as well as the 20 interventions submitted in support of CFCR-FM's licence renewal.

Related CRTC documents

. Public Notice 2000-157 - New licence form for community radio stations

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: http://www.crtc.gc.ca

Appendix to Decision CRTC 2001-677

Mandatory Order 2001-1

Community Radio Society of Saskatoon Inc., licensee of CFCR-FM Saskatoon, Saskatchewan, is hereby ordered, pursuant to subsection 12(2) of the Broadcasting Act to comply, at all times within the term of the licence granted in Decision CRTC 2001-677 dated 7 November 2001 with the requirement of subsection 2.2(8) of the Radio Regulations, 1986 to devote, in each broadcast week, 35% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.