ARCHIVED - Broadcasting Decision CRTC 2002-189

Broadcasting Decision CRTC 2002-189

Ottawa, 16 July 2002

Genex Communications inc.
Québec, Quebec

Application 2001-0735-1
Public Hearing at Québec, Quebec
18 February 2002

The Commission notes the licensee's numerous failures to comply with the Radio Regulations, 1986 (the Radio Regulations) and the condition of its licence related to sex-role portrayal. The Commission also notes the licensee's failures to meet the objective of the Broadcasting Act that the programming originated by broadcasting undertakings should be of high standard. The Commission intends to examine closely the licensee's adherence to its commitments, the Radio Regulations and the conditions of licence set out in this decision.

Introduction

1.

In Acquisition of assets, Decision CRTC 97-86, 27 February 1997, the Commission authorized Genex Communications inc. (Genex) to acquire the assets of the French-language radio station CHOI-FM Québec, then owned by Les Entreprises de Radiodiffusion de la Capitale inc. The Commission granted Genex a broadcasting licence for CHOI-FM expiring 31 August 2002.

2.

Between 1999 and 2001, the Commission received a total of 47 complaints about the programming broadcast by CHOI-FM, which can be divided into three main categories:

3.

The licensee was given the opportunity to respond to each of the complaints, and the Commission informed the licensee that the complaints might be the subject of a further examination by the Commission in light of, among other things, its condition of licence relating to the Sex-role portrayal code for television and radio programming(the Sex-role Portrayal Code), and section 3b) of the Radio Regulations, 1986 (the Radio Regulations).

4.

During the same period, the Commission conducted four analyses of the station's programming. These analyses examined the programming broadcast by CHOI-FM during the weeks of 7 March to 13 March 1999, 2 July to 8 July 2000, 31 December 2000 to 6 January 2001, and 21 January to 27 January 2001. The results of each analysis were provided to the licensee, which was then given an opportunity to comment on them.

5.

All four of the analyses indicated non-compliance with sections 2.2(5) and 2.2(10) of the Radio Regulations which set out minimum levels of French-language vocal music that must be played. In addition, the analysis of the programming broadcast by CHOI-FM during the week of 2 July to 8 July 2000 revealed that the logger tapes were incomplete, contrary to sections 8(5) and 8(6) of the Radio Regulations which require licensees to maintain logger tapes of all matter broadcast and to furnish such tapes to the Commission upon request.

6.

As well, the Commission raised a number of concerns with the licensee relating to the analyses. These concerns included:

7.

In Notice of Public Hearing CRTC 2001-14, 14 December 2001, the Commission called Genex to appear at a public hearing in Québec beginning on 18 February 2002 to discuss the licence renewal application for CHOI-FM. The Commission stated that it wished to discuss in particular the licensee's apparent non-compliance with the Radio Regulations concerning the required percentages of French language vocal music and the provision of logger tapes. In view of the number of complaints, the Commission added that it wished to discuss with Genex the spoken word content and the quality of CHOI-FM's programming in light of section 3(1)(g) of the Broadcasting Act (the Act) which declares as part of the broadcasting policy for Canada that "the programming originated by broadcasting undertakings should be of high standard." The Commission also stated that it expected Genex to give reasons, at the hearing, why an order should not be issued compelling it to comply with the Radio Regulations.

8.

Under the Act, the Commission has a mandate to regulate and supervise all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy for Canada set out in section 3(1) of the Act. In addition to the above-noted provision regarding programming of high standard, the broadcasting policy for Canada declares that radio frequencies are public property (section 3(1)(b)), that the programming provided by broadcasting undertakings should be balanced (section 3(1)(i)) and that all persons who are licensed to carry on broadcasting undertakings have a responsibility for the programs they broadcast (section 3(1)(h)). Sections 9(1)(b) and (d) of the Act state that the Commission may, in furtherance of its objects, issue broadcasting licences or renewals for terms not exceeding seven years and subject to such conditions as it deems appropriate for the implementation of the broadcasting policy for Canada.

9.

The Commission must also take into account section 2(3) of the Act, which states that the Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings. As stated in previous decisions in similar cases - in particular CKRS Short term Licence Renewal, Decision CRTC 96-730, 31 October 1996, and Decision CRTC 92-588, 19 August 1992, concerning the licence renewal for CHRC Québec - the Commission considers that freedom of expression is of the utmost importance and should be limited only in cases of flagrant excess.

10.

In the following sections, the Commission examines each area of concern in light of the complaints filed, the results of its own analyses, the responses from Genex and its discussions with the licensee at the public hearing.

Spoken word content and quality of programming

The complaints

11.

The Commission's concerns regarding the spoken word content and the quality of the programming broadcast by CHOI-FM stem from the many complaints received, the Commission's own observations made after listening to the logger tapes provided by the licensee and a recording played at the hearing during the presentation of the intervention by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ).

12.

The complaints primarily concerned remarks and contests considered to be offensive and personal attacks. The vast majority of the remarks in question were broadcast during a daily program aired by CHOI-FM during peak morning hours and hosted by Jean-François Fillion. The program includes a phone-in segment that allows listeners to voice their opinions on the topics being discussed.

13.

The Commission notes the following among the many complaints about the program:¹

Genex's response to the complaints

14.

In its response to the complaints, Genex used a form letter and stated almost systematically that the comments made by its hosts have to be taken in context and that the target audience for the program in question mainly comprises young adults. Genex added that the aim of the program is to cover current events "[translation] sometimes with irony, sometimes with sarcasm and sometimes with humour."

15.

At the hearing, Genex admitted that some of the language used had no place on CHOI-FM's airwaves. Genex also acknowledged the validity of some of the complaints, including those pertaining to offensive contests and others that reported vulgar remarks and personal attacks. In order to better guide the spoken word material broadcast by the station, Genex proposed the following four principal corrective measures:

16.

At the hearing, Genex told the Commission that it had taken steps to join the CBSC. Genex also committed to air messages on CHOI-FM informing listeners that they could file a complaint with the CBSC.

ADISQ Intervention

17.

In its intervention, ADISQ opposed CHOI-FM's licence being renewed for a period of seven years. Among the reasons for its objection, ADISQ noted the many complaints about " [translation] comments deemed defamatory or simply vulgar, scatological and coarse." It added that "[translation] the level of language in those comments was well below the high standard called for in the Broadcasting Act."

The Commission's analysis and conclusions

18.

In examining the spoken word and the quality of CHOI-FM's programming, the Commission must take into account the relevant requirements of the Act and the Radio Regulations as well as the condition of licence on sex-role portrayal. Its examination also takes into account the measures proposed by Genex to better circumscribe the spoken word programming broadcast by the station.

Sections 3(1)(g) and (i)of the Act

19.

The Commission reiterates that all broadcasters are subject to the requirements of high standard and balanced programming set out in sections 3(1)(g) and (i) of the Act. The Commission reiterates that licensees are solely responsible for selecting their journalists, hosts and guests.

20.

The Commission recognizes the right of licensees, through their employees, to criticize and question on air the actions of individuals, groups and institutions in the community. However, the Commission considers that the right to criticize does not give anyone the right to degrade others, to be unduly fierce in their criticism, or to use the airwaves to make personal attacks, as ADISQ found in the programming that was the subject of its complaint of 27 November 2001.

21.

In light of the excessive and repeated use of unacceptable language as substantiated by the many complaints received and the Commission's own analyses, the Commission finds that Genex's programming is contrary to sections 3(1)(g) and (i) of the Act.

22.

Section 3(b) of the Radio Regulations provides as follows:

A licensee shall not broadcast.any abusive comment that, when taken in context, tends or is likely to expose an individual or a group or class of individuals to hatred to contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability.

23.

The Commission considers that Genex's response to the complaints that attempt to justify the language used would effectively remove all regulatory restraints on what a licensee may broadcast. With respect to the licensee's argument that the context of the program must be taken into account, the Commission notes that the program airs from 6:00 to 9:00 a.m, which is the peak listening period for radio. Its potential audience in the Québec region numbers more than half a million, comprising all demographic groups, including children.

24.

Upon examining all of the complaints received, the Commission considers that remarks such as those directed at women, natives and the disabled raise serious concerns.

25.

In particular, in the case of the complaint of 26 January 2001 regarding an on-air discussion about a court proceeding concerning a father who was accused of the murder of his disabled daughter, the Commission considers that Mr. Fillion's comments comparing disabled children to animals constituted abusive comment that, when taken in context, clearly exposed persons with a physical or mental disability to hatred or contempt.

26.

Accordingly, the Commission concludes that the licensee has violated section 3b) of the Radio Regulations.

27.

At the time the Commission authorized Genex to acquire the assets of CHOI-FM, the licensee was not a member of the CBSC. The Commission made it a condition of licence for Genex to comply with the guidelines on gender portrayal set out in the Sex-Role Portrayal Code.

28.

The Commission considers that the following sections of the Sex-role Portrayal Code are most relevant in this matter:

2.c) Television and radio programming shall respect the principles of intellectual and emotional equality of both sexes and the dignity of all individuals.

...

4.Television and radio programming shall refrain from the exploitation of women, men and children. Negative or degrading comments on the role and nature of women, men or children in society shall be avoided.

29.

The Commission finds that some of the remarks referred to in the complaints and found during the Commission's analyses violate the Sex-role Portrayal Code and therefore constitute a breach of CHOI-FM's condition of licence. The Commission notes in particular the complaints about women being reduced to sex objects by the host regularly inquiring about their weight and the size of their chest, the complaints about fellatio and sex contests, and the very graphic descriptions of pornographic images the host allegedly found on the Internet. Genex admitted at the hearing that some of the remarks did not comply with the Sex-role Portrayal Code's guidelines. It also undertook to refrain from airing on CHOI-FM offensive sexual and degrading contests.

30.

CHOI-FM's licence will continue to be subject to the condition set out in Appendix I regarding gender portrayal until the licensee becomes a member in good standing of the CBSC. The condition of licence will then be suspended, and Genex will have to comply with the CBSC standards. Once CHOI-FM becomes a member of the CBSC, the Commission expects the licensee to regularly broadcast messages (that is, at least once a day on a rotating basis during peak listening hours) informing listeners that they may address complaints to the CBSC.

31.

At the Commission's suggestion, Genex placed on the public file, prior to the public hearing, a draft code of ethics designed to provide clearer guidelines for the spoken word content of CHOI-FM's programming. At the hearing, Genex submitted an amended code containing two new clauses regarding coarse or vulgar remarks and the right of every person to a fair hearing. Following discussion at the public hearing of possible changes to the draft code, Genex agreed to remove certain phrases that, in the Commission's view, would have unduly limited the effect of the code. Genex undertook to submit a new draft code of ethics that would better address the problems at CHOI-FM.

32.

On 22 February 2002, Genex submitted a revised code of ethics. The Commission considers that it would be very difficult to ensure compliance with this code.

33.

Accordingly the Commission considers that the licensee should be subject, by condition of licence, to the code of ethics contained in Appendix II to this decision, which is in essence the code put forward by the licensee at the public hearing in response to the concerns identified. The Commission expects the licensee to give a copy of the code of ethics to each of the station's hosts and producers and to any person who requests a copy.

34.

Genex also proposed at the hearing to create a three-person advisory committee with a mandate to advise the licensee on regulatory matters, in particular the application of the proposed code of ethics. In a letter dated 21 March 2002, Genex provided the Commission with additional information regarding the structure and operation of the proposed advisory committee.

35.

The Commission is of the view that an advisory committee set up to advise the licensee regarding its regulatory obligations and the application of a code of ethics could be helpful. However, after studying Genex's proposals, the Commission considers that the structure and operation of the advisory committee as proposed in the 21 March 2002 letter are too cumbersome and do not take into account the Commission's mandate and procedures for handling complaints. The Commission also considers that the proposed method of operation would not allow the licensee to address complaints fully within the periods prescribed by the Commission.

36.

The Commission reminds the licensee that it is the Commission's own responsibility to evaluate complaints in light of the Act, the regulations and the code of ethics. The proposed committee must therefore be an advisory committee and not a decision-making committee.

37.

The Commission notes that two of the three people designated by Genex to sit on the advisory committee are Franklin Delaney and Liette Champagne. The Commission does not consider these two people to be at arm's length from the licensee since Mr. Delaney was retained by Genex as a consultant at the hearing and Ms. Champagne is vice-president of Telemedia Radio, a company that holds a minority interest in Genex. However, given that the mandate of the committee is to act in an advisory capacity, the Commission finds that the two members suggested by Genex are acceptable. Genex must therefore remove the term "indépendantes" [at arm's length] from the document creating the advisory committee. As well, the document must include a provision stating that the people who sit on the advisory committee are not to be Genex employees.

38.

As set out in Appendix 1, the Commission requires as a condition of licence, that Genex create and maintain an advisory committee the mandate, operation and composition of which must be approved by the Commission. The licensee shall therefore, by 15 August 2002, submit to the Commission a proposal that includes the names of the three proposed members of the advisory committee, a revised mandate for the advisory committee, and a streamlined method of operation, taking into account the comments set out above.

39.

The Commission considers that Genex's offer to provide a right of reply to persons who have been criticized is appropriate. It expects the licensee to broadcast a message on CHOI-FM at least once a day, on a rotating basis during peak listening hours, informing listeners that they have a right of reply if they feel offended by any observation, remark, statement or report pertaining to them.

French-language vocal music

40.

The four analyses of CHOI-FM's programming conducted by the Commission from 1999 to 2001 indicated that the licensee had not respected the provisions of the Radio Regulations regarding the required percentages of French-language vocal music. The Commission expressed its concerns to the licensee in light of the requirements of the Radio Regulations and its related policy statements. In response to the analyses, Genex maintained that the alleged non-compliance was attributable to a difference in interpretation of the requirements relating to French-language vocal selections aired on CHOI-FM in short versions or as part of musical montages.

41.

In its intervention opposing the application, ADISQ stated that it had conducted its own analysis of CHOI-FM's programming in August 1999. In referring to its own analysis, as well as the four analyses undertaken by the Commission, ADISQ said that "[translation] in all cases, the applicant failed to comply" and that the failures to comply "were neither minor nor occasional, but rather very significant, constantly repeated and increasingly serious." Genex responded by stating that the apparent failures to comply with the required percentages of French-language vocal music were in no way the result of negligence or a deliberate effort to defy or refuse to comply with the Radio Regulations. Genex reiterated that the alleged non-compliance was due to a difference in interpretation of the Radio Regulations.

42.

In Commercial Radio Policy 1998, Public Notice CRTC 1998-41, 30 April 1998 (the Commercial Radio Policy), the Commission reiterated the importance of maintaining a French-language presence in radio and of promoting Francophone artists. It therefore preserved the requirement that at least 65% of the vocal popular (category 2) musical selections aired during each broadcast week by French-language broadcasters must be in the French language (paragraph 163). After noting that certain broadcasters did not play a sufficient number of French-language selections in peak listening periods, and shortened such selections, the Commission stated its intention to amend the Radio Regulations to ensure that French-language radio stations broadcast French-language vocal selections during peak periods and that all selections are broadcast in their entirety (paragraphs 169 and 174).

43.

In Regulations Amending the Radio Regulations, 1986 - Commercial Radio Programming, Public Notice CRTC 1998-132, 17 December 1998 (Public Notice 1998-132), the Commission announced that it had amended the Radio Regulations. In addition to the requirement to broadcast at least a 65% level of French-language vocal musical selections in Category 2 for the full broadcast week set out in section 2.2(5) of the Radio Regulations, section 2.2(10) requires that at least 55% of the vocal music selections broadcast by French-language radio stations between 6:00 a.m. and 6:00 p.m. Monday to Friday be in French. The Radio Regulations further require that all French-language selections that are counted as such for purposes of determining compliance with requirements relating to French-language vocal music must be broadcast in their entirety. In this regard, the Commission reiterates that the 65% and 55% requirements prescribed by the Radio Regulations are not goals, but rather minimum thresholds.

44.

The Commission is seriously concerned about Genex's non-compliance with sections 2.2(5) and 2.2(10) of the Radio Regulations concerning the minimum required percentages of French-language vocal music. This non-compliance would have occurred even if Genex had received credit for all of the shortened selections and the montages that were disqualified as part of the analysis. Genex's practice of broadcasting short versions of musical selections and the manner in which it used musical montages also raise concerns which are discussed in the following sections.

Broadcast of short versions of musical selections

45.

According to the evidence on file, it appears that Genex was in the practice of having French-language musical selections approximately 1 minute 10 seconds long produced for broadcast on CHOI-FM. Genex acknowledged at the hearing that the musical selections disallowed by the Commission were principally selections produced at Genex's request and at its cost in studios that it partly owned and had paid to develop and construct. Genex admitted at the hearing that broadcasting short versions of French-language vocal selections makes it possible to meet the requirements of the Radio Regulations while giving less air time to French-language vocal music and more air time to English-language vocal music.

46.

Genex contended that it was common practice in the industry to produce different-length versions of a given song and that the musical selections rejected by the Commission were not selections shortened by CHOI-FM, but complete versions produced for that purpose. The ADISQ representatives stated at the hearing that it was not common practice in the industry to produce so short a version of a song.

47.

In its letter of 21 March 2002, Genex stated that it was aware of the Commission's concerns regarding shortened selections and undertook, as of 1 April 2002, to refrain from broadcasting musical selections less than two minutes in duration.

48.

As stated in the Commercial Radio Policy, the Commission considers that the practice of shortening French-language vocal musical selections for the purpose of meeting the content requirements for such music is inconsistent with the objectives of the Act and the Radio Regulations (paragraph 172). The Commission stated in Public Notice 1998-132 that the requirement that musical selections be played in their entirety is not intended to interfere with the ordinary programming practices of radio stations, but rather to prevent the systematic editing of French-language and Canadian musical selections (paragraph 28).

49.

A musical selection is defined in the Radio Regulations as any live or recorded music of one minute or more in duration that is broadcast uninterrupted. While any musical selection over one minute in duration meets the definition in the Radio Regulations, the Commission believes that Genex's practice of producing short versions of musical selections is improper and clearly at odds with the spirit of its policy since it does not encourage the broadcast of French-language vocal music.

50.

Accordingly, by condition of licence, where the licensee broadcasts any vocal musical selection of less than two minutes duration that is produced at its request or at its cost, this musical selection will not be classified as a French-language vocal or Canadian musical selection for the purposes of calculating the level of French-language vocal music or Canadian content broadcast by the station. The licensee must also, as a condition of licence, clearly identify on its music lists all musical selections produced at its request or at its cost.

Broadcast of musical montages

51.

The Commission noted, in its analysis, that Genex had a practice of repeating montages of English-language musical selections during the same broadcast day. The length of those montages was often more than 20 minutes, and the English-language selections were played almost in their entirety. In its intervention, ADISQ stated that CHOI-FM's use of montages constituted "[translation] an excessive and systematic use of a technique that should be employed only in exceptional circumstances."

52.

A montage is defined in the Radio Regulations as a compilation of one minute or more in duration containing excerpts from several musical selections but does not include a medley. A montage is counted as a single selection when calculating the level of French-language vocal musical selections that a station broadcasts.

53.

The Commission recognized in Public Notice 1998-132 that there could be positive aspects to playing montages and that, properly used, montages allow audiences to discover new artists or to sample selections that would not otherwise be broadcast. The Commission considered, however, that true montages are relatively rare in radio programming (paragraphs 37 and 41). Further, the Commission emphasised that, in order to be classified as a montage, the programming should consist of excerpts that are tightly woven together by unifying elements such as a common rhythm or theme (paragraph 42).

54.

The discussion at the hearing related to montages dealt primarily with the notion of interruption. Genex submitted that there were no interruptions in the montages rejected by the Commission because the music was always playing, even where there was a voice over. According to the Commission's analyses of CHOI-FM's programming, it is very clear that the rejected montages included interruptions and did not feature musical tie-ins between the selections. These montages were therefore considered to be a series of shortened selections, rather than a single selection, when calculating CHOI-FM's compliance with the requirements of the Radio Regulations respecting French-language vocal music.

55.

In its letter of 21 March 2002, Genex stated that it had reviewed the processes it uses to produce montages and eliminated all musical interruptions.

56.

The Commission considers that Genex's practice regarding montages of English-language music constitutes an extreme interpretation of the Radio Regulations and the policy on the broadcast of montages. In the Commission's view, Genex's interpretation would allow the licensee to broadcast a long montage that includes extended excerpts of many English-language selections that would count as a single English-language selection. The Commission considers that such an interpretation is contrary to the spirit of its policy since it would allow Genex to maintain the percentage level of French-language vocal music while playing fewer French-language selections.

57.

In view of the foregoing, the Commission requires CHOI-FM, as a condition of licence, to broadcast no more than three English-language montages a day, none running more than 15 minutes. Further, by condition of licence, where the licensee broadcasts a compilation of excerpts of musical selections that does not consist of tightly woven excerpts, without interruption, and that are tied together by unifying elements such as a common rhythm or theme, this compilation will not be considered as a montage and will not be classified as a single musical selection for the purposes of calculating percentages of French-language vocal music and Canadian content. The Commission advises the licensee that all exerpts included in a compilation that is incorrectly identified by the licensee as being a montage will be counted individually for the purposes of calculating the required percentages of French-language vocal music and Canadian content. This could jeopardize the licensee's compliance with the minimum levels of French-language vocal music and Canadian content set out in the Radio Regulations. Furthermore, the licensee must clearly identify all montages broadcast on its music lists.

Logger tapes

58.

The Commission notes that the logger tapes of CHOI-FM's programming for the week of 2 to 8 July 2000 were incomplete. This is a breach of sections 8(5) and 8(6) of the Radio Regulations. According to those two sections, the licensee is required to keep a clear and intelligible tape recording or another exact copy of all matter broadcast for four weeks from the date of broadcast and to furnish it to the Commission forthwith where the Commission so requests. These requirements must be respected if the Commission is to be able to conduct its own audit of the material broadcast by a station and act on complaints from the public regarding a broadcaster's programming. The Commission notes that there was at least one complaint on which the Commission could not follow up because of the absence of complete logger tapes.

59.

Genex confirmed at the hearing that it solved the problem by replacing its analog recording equipment with a far more reliable automated digital system. It also set up a backup recording system that records a second copy at all times, and keeps logger tapes for 90 days. A full-time technician is also responsible for monitoring the equipment and ensuring that it works properly. Genex submitted that the new system is permanent and can provide complete logger tapes for the Commission at any time.

60.

In view of the failures to comply with the requirements of the Radio Regulations regarding French-language vocal music, the condition of licence on sex-role portrayal, and the numerous complaints received during CHOI-FM's licence term, Genex shall, as a condition of licence, keep logger tapes of programming broadcast for a period 90 days from the date of broadcast.

Promotion of drinking

61.

The Commission's analyses showed that CHOI-FM broadcast a program live from a Québec bar. During that program, the hosts promoted a particular brand of beer, encouraged listeners to join them in drinking the beer in question or urged them to buy the beer from the local convenience store. A song performed at the start of the program repeatedly urged listeners to drink that beer.

62.

In the Commission's view, it is clear that some segments of that program were commercial messages. In addition, the Commission considers that, during this program, the hosts promoted the general consumption of alcoholic beverages, contrary to section 4 of the Radio Regulations. Section 4(1) allows a licensee to broadcast a commercial message directly or indirectly advertising an alcoholic beverage, but one of the conditions is that the message not be designed to promote the general consumption of alcoholic beverages.

63.

Genex acknowledged at the hearing that some remarks broadcast during the program in question violated the Radio Regulations and said that it had asked its hosts to be particularly careful in that regard. Genex confirmed that the program in question is off the air, although the hosts occasionally go to bars to broadcast live during special events. The Commission expects Genex to pay close attention to any remarks that could be considered as commercial messages and that may promote the general consumption of alcoholic beverages.

Use of English on air

64.

The Commission noted in its analyses that CHOI-FM frequently used English to introduce musical selections, montages, news, countdowns and contests. In addition, it was noted that the hosts often used coarse or vulgar English words. The Commission made its concerns known to the licensee several times, reminding it that it was authorized under the terms of its licence to operate a French-language radio station.

65.

In response, Genex stated that the use of English on the air at CHOI-FM is minimal and is primarily related to the station's audio image and the English-language musical content that it broadcasts. Genex stated that it was prepared to comply with a condition of licence that would limit the use of English to 1% of the station's total spoken word content.

66.

The Commission considers that a percentage limit on the use of English would be difficult to enforce and that the calculation would be very complicated. According to the terms of its broadcasting licence, Genex is authorized to operate CHOI-FM as a French-language station. The Commission therefore expects the licensee to use English on air very minimally and to restrict the use of English to proper nouns and English phrases, quotations and words that are commonly used in French. The Commission also reminds the licensee that it may not broadcast production elements in English such as the station call letters and the presentation of musical selections (other than the title), montages, news, hosts, countdowns and contests.

Other matters

Development of Canadian talent

67.

Genex proposed to allocate $10,000 a year to a sponsorship program called Qué-Rock. The aim of the program would be to support up-and-coming bands and permit the production of alternative rock French-language vocal music for broadcast on CHOI-FM.

68.

The Commission notes that the current policy on contribution to Canadian talent is set out in Contributions by Radio Stations to Canadian Talent Development - A New Approach, Public Notice CRTC 1995-196, 17 November 1995, which was based on proposals submitted by the CAB. The policy is aimed at implementing a more streamlined approach to Canadian talent development while continuing to provide adequate funding to third-party organizations involved in Canadian talent development. In this policy, the Commission recognized the important role that these organizations play in increasing the availability of Canadian music, and their reliance on Canadian talent development contributions from radio stations for a significant share of their revenues. Under the policy, licensees are required to send their contributions directly to eligible third parties; these include FACTOR, MusicAction, national and provincial music organizations, performing arts groups, schools and scholarship recipients.

69.

In the circumstances, the Commission considers that Genex's proposal regarding the Qué-Rock program is not in keeping with the spirit of the current policy. Consequently, Genex shall, as a condition of licence, allocate at least $8,000 annually to eligible third parties to develop and promote new Canadian talent in the alternative rock format in Quebec.

70.

With regard to the additional commitment to invest $12,000 annually in Qué-Rock, the Commission notes that all the initiatives and projects proposed by Genex qualify as direct expenditures on Canadian talent under Appendix I to An FM Policy for the Nineties, Public Notice CRTC 1990-111, 17 December 1990. The Commission encourages the licensee to continue to invest that amount annually in those activities which are aimed at developing the next generation of talent in the alternative rock format in Quebec, as proposed at the hearing.

Conclusion

71.

The Commission is deeply concerned by the numerous failures of the licensee to comply with the Radio Regulations and the condition of licence on sex-role portrayal that were observed during CHOI-FM's last licence term, which Genex by and large acknowledged during the hearing. The Commission also has serious reservations about the flagrant failures to meet the objective of high standard programming as evidenced by the remarks made on air at CHOI-FM, many of which the licensee also acknowledged during the hearing.

72.

The Commission accordingly renews the licence of CHOI-FM Québec for a period of 24 months from 1 September 2002 to 31 August 2004, subject to the conditions set out in Appendix I to this decision and those set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999. During this period, the Commission will closely monitor the licensee's adherence to its obligations.

73.

As stated earlier, the Commission indicated in Notice of Public Hearing CRTC 2001-14that it expected Genex to show cause why an order should not be issued compelling it to comply with the Radio Regulations. The Commission took into account the explanations and corrective measures put forward by the licensee, including the code of ethics and the advisory committee. The Commission is of the opinion that, at the hearing, Genex demonstrated its intention to comply with its obligations in the future and therefore is satisfied that it is not necessary to issue an order at this time.

74.

At the same time if, in the future, it considers that Genex has again failed to comply with the Radio Regulations or any of the conditions attached to CHOI-FM's licence, including the code of ethics in Appendix II to this decision, the Commission may call Genex to a public hearing to show cause why the Commission should not issue such an order or apply any of its enforcement measures including revocation or suspension of the licence of CHOI-FM.

75.

The Commission has considered all interventions received in connection with this application.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site: www.crtc.gc.ca