ARCHIVED - Decision CRTC 2001-680

Decision CRTC 2001-680

Ottawa, 7 November 2001

Rogers Broadcasting Limited
Ottawa, Ontario 2000-2349-0

19 June 2001 Public Hearing
National Capital Region

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

1.

The Commission renews the broadcasting licence for CKBY-FM Ottawa, 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 1999-137.

2.

The Commission has renewed CKBY-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). The serious concerns giving rise to this short term licence renewal are discussed below.

Background

3.

The Commission renewed CKBY-FM's licence for a term of four years in Decision CRTC 97-486. This short-term licence renewal was a result of the licensee's failure to comply with its condition of licence limiting the level of hits CKBY-FM broadcasts to no more than 50% of all musical selections aired in any broadcast week. The Commission noted in that decision that the licensee indicated that it had established procedures designed to enable it to comply with its regulatory requirements.

4.

Consistent with its monitoring plan, the Commission conducted an analysis of the programming broadcast by CKBY-FM over the week of 9 to 15 May 1999. The analysis revealed that the licensee had broadcast a hits level of 51.3% during that week.

5.

The Commission called the licensee to appear at the 19 June 2001 public hearing to discuss CKBY-FM's apparent non-compliance with its condition of licence relating to the broadcast of hits. The Commission advised the licensee that it would be expected to show cause why the Commission should not issue a mandatory order requiring CBKY-FM to comply with this condition of licence.

6.

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

The hearing

7.

At the hearing, the licensee acknowledged its non-compliance with its condition of licence. It explained that, in compiling the playlists for the week in question, it had not taken into account the chart produced by RPM 100 Country Tracks and had, therefore, failed to identify some musical selections as hits.

8.

The licensee outlined the measures it has taken to ensure that CKBY-FM operates in compliance with its regulatory requirements during the new licence term. Among other things, it has revised its weekly monitoring and reporting mechanisms as well as its methods for developing playlists. The licensee has also appointed a full-time regulatory affairs officer who will be responsible for ensuring that any change in the Commission's policies and regulations are reflected in the compliance policies and practices of all Rogers Broadcasting Limited's (Rogers) radio stations.

The Commission's decision

9.

The Commission is gravely concerned with the licensee's repeated failure to comply with the condition of licence regarding the broadcast of hit material. It intends to monitor the licensee's performance closely during the new licence term, and directs the licensee to take all the necessary measures to ensure that all conditions of licence are respected at all times. The Commission reiterates that it remains a condition of licence for CKBY-FM that the licensee broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42, as amended by Circular No. 445 dated 14 August 2001, and further amended from time to time during the term of the present licence.

10.

Moreover, the Commission has concluded that Rogers has not shown cause why the Commission should not issue a mandatory order requiring the licensee to comply with its condition of licence related to the use of hit material. The Commission's decision in this matter reflects the seriousness with which it views the licensee's repeated failure to comply with this condition of licence. The Commission has also considered the assurances offered by the licensee at the time of its last licence renewal that it would take all measures necessary to remain in compliance at all times.

11.

Consequently, the Commission has decided to issue Mandatory Order 2001-3 set out in the appendix to this decision. This mandatory order will be in effect throughout the new licence term.

12.

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. Rogers 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.

13.

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.

Other matters

14.

The Commission notes that this licensee is subject to the Employment Equity Act and therefore files reports concerning employment equity with Human Resources Development Canada.

15.

The Commission acknowledges the comments submitted by the Alliance of Canadian Cinema, Television and Radio Artists regarding this application.

Related CRTC documents

Secretary General

Appendix to Decision CRTC 2001-680

Mandatory Order 2001-3

Rogers Broadcasting Limited, licensee of CKBY-FM Ottawa, Ontario, 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 2001-680 dated 7 November 2001 with the condition of its licence as set out below:

The licensee shall broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42, as amended by Circular No. 445 dated 14 August 2001, and further amended from time to time during the term of the present licence.