ARCHIVED - Decision CRTC 2001-679

Decision CRTC 2001-679

Ottawa, 7 November 2001

Radio Témiscamingue inc.
Ville-Marie and Témiscaming, Quebec 2001-0012-3

19 June 2001 Public Hearing
National Capital Region

Short-term licence renewal for CKVM and its transmitter CKVM-FM-1 - issuance of a mandatory order

1.

The Commission will renew the licence for the radio programming undertaking CKVM Ville-Marie and its transmitter CKVM-FM-1 Témiscaming, until 28 February 2003, subject to the terms and conditions specified in Appendix A to this decision and to those set out in Public Notice CRTC 1999-137. The short renewal period will allow the Commission a reasonable time period to assess the licensee's performance, in view of the serious concerns raised in this decision.

Background

2.

This is the fourth decision dealing with a short-term renewal of this licence for non-compliance reasons. In 1989, the Commission renewed the licence for three years because of the station's non-compliance concerning logger tapes. In 1992, the licence was renewed for two years for the same reason. In 1994, the licence was renewed for three years for the sole reason of permitting the Commission to consider the next renewal at the same time as those of other radio stations in the region. Finally, in 1997, the licence was renewed for four years because of the licensee's non-compliance concerning the broadcast of Canadian content and French-language vocal music.

3.

During the current licence term, the Commission asked the licensee to submit the logger tapes and related documentation for the programming broadcast during the week of 9 - 15 May 1999. The applicant was unable to provide the logger tapes because its recording equipment was not working, and submitted only the program log, playlist and self-assessment of the programming broadcast during that period.

4.

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.

5.

The Commission called Radio Témiscamingue inc. to appear at the 19 June public hearing to discuss its apparent non-compliance with section 8 of the regulations relating to the retention and submission of logger tapes. Given the licensee's repeated failure to comply, the Commission advised the licensee, in Notice of Public Hearing CRTC 2001-5 dated 18 April 2001 that it would be expected to show cause at the hearing why the Commission should not issue a mandatory order requiring the licensee to comply with that section of the regulations.

The hearing

6.

At the hearing, the licensee acknowledged its non-compliance, and stated that in order to correct the source of the problem, it had purchased a new recording system comprising six video tape recorders, 80 six-hour video cassettes and 30 eight-hour video cassettes, which would allow the licensee to record three days of programming without interruption and keep the recording for a month. The licensee also stated that, since having been found in non-compliance, it has complied fully with the regulations.

7.

When the Commission raised the fact that this was the fourth time that the station has been found in non-compliance, the station's general manager said that she was surprised, because she was not aware of the station's previous failures to comply. The Commission then provided the licensee with the opportunity to demonstrate that the measures implemented by the station would be sufficient to ensure the station's compliance regarding logger tapes.

8.

The Commission is gravely concerned with Radio Témiscamingue's failure to comply with the requirements of the regulations regarding logger tapes. Since the licensee was not able to demonstrate to the Commission that it would be able to comply with the provisions of the regulations, the Commission considers it necessary to issue Mandatory Order 2001-2. This mandatory order will be in effect throughout the new licence term.

9.

If, at any time, the licensee should fail to comply with the provisions of the mandatory order found in Appendix B to this decision, the Commission could provide evidence of such failure to the Federal Court. Radio Témiscamingue 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.

10.

While granting CKVM another short term licence renewal, the Commission refers the licensee to Public Notice CRTC 1993-122 entitled Compliance with the Provisions of the Radio Regulations, 1986 Relating to Logger Tapes. The Commission emphasizes that it may have recourse to additional measures in the event of any future non-compliance with the regulations or conditions of licence, including suspension, non-renewal or revocation of the licence.

11.

The Commission also requires the licensee, as a condition of licence, to submit, every three months, a self-assessment of the programming broadcast over a given week, which will be determined by the Commission, as proof of its compliance with the regulations, Commission policy and the conditions of its licence, and demonstrating, in particular, that it has complied with the requirements of section 8 of the regulations concerning logger tapes during this three month period. At the same time, the Commission will continue to conduct routine checks of the programming broadcast by the station and may request the licensee to submit logger tapes over the course of its licence term.

Need to ensure continuity of the management of the station

12.

At the hearing, the station's general manager stated that she had held that position for only a short time, and had only recently been made aware that the licensee was in contravention of section 22 of the Broadcasting Act, when its broadcasting certificate was not renewed by Industry Canada. The Commission informed the licensee, after discussion of that matter, that the Department of Industry, and not the Commission, was responsible for issuing broadcasting certificates. The licensee indicated that it had engaged an engineer to find a solution to technical problems relating to its application, and that it would submit a report to the Department of Industry addressing the conclusions reached in the engineer's study. The Commission reiterates that it will only renew the licence when the Department of Industry indicates that the application is technically acceptable and that it will issue a broadcasting certificate.

13.

During discussions at the hearing, it became clear that the station has no mechanism for ensuring a seamless transition between managers. At the Commission's suggestion, the licensee agreed to establish procedures and rules for ensuring not only that the station complies with the regulations, the Commission's policies and the conditions of its licence, but also for ensuring effective follow-up.

14.

After the hearing, the licensee submitted to the Commission a document in which it described the procedures implemented by the station to ensure compliance with the regulations. Notwithstanding the foregoing discussions, the Commission has, however, decided to require as a condition of licence that Radio Témiscamingue Inc. submit to the Commission for its approval, within 30 days of this decision, procedures implemented by the station to ensure that existing and new staff with responsibilities for compliance, including the general manager, are aware of regulatory requirements, Commission policy requirements, and the conditions of the station's licence. These procedures must also ensure that all information on the station's current and past performance are transmitted to the appropriate staff when they are first hired. The procedures should thus focus on:

15.

By condition of licence, the Commission requires the licensee to adhere to the procedures mentioned in paragraph 14 above, once approved by the Commission.

Other matters

16.

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).

17.

Further, the Commission reminds the licensee that it will not renew a licence unless the Department of Industry has certified that the licensee has been or will be issued a broadcasting certificate. This renewal is therefore subject to the issuance of technical certification by the Department of Industry (section 22 of the Broadcasting Act).

Intervention

18.

The Commission acknowledges the intervention filed by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) with respect to the renewal of this licence.

Related CRTC documents

Secretary General

Appendix A to Decision CRTC 2001-679

Conditions of licence

In addition to the conditions set out in Public Notice CRTC 1999-137, the licence will be subject to the following conditions:

· outlining licensing requirements, including compliance with the Radio Regulations, 1986 and relevant policies of the CRTC and the Department of Industry as well as the station's commitments and conditions of licence;

· specific procedures to ensure compliance with these requirements at all times by the station's management and owners;

· mechanisms for informing all new staff and the general manager, upon commencement of their employment with the station, about these regulatory requirements and procedures and the station's current and past performance.

Appendix B to Decision CRTC 2001-679

Mandatory Order 2001-2

Radio Témiscamingue inc., licensee of CKVM Ville-Marie and its transmitter CKVM-FM-1 Témiscaming, is hereby ordered, pursuant to section 12(2) of the Broadcasting Act, to comply at all times within the term of licence granted in Decision CRTC 2001-679, with sections 8(5) and 8(6) of the Radio Regulations, 1986 as set out below:

(a) for four weeks from the date of the broadcast; or

(b) where the Commission receives a complaint from any person regarding the matter broadcast or for any other reason wishes to investigate it and so notifies the licensee before the expiration of the period referred to in paragraph (a), for eight weeks from the date of the broadcast.