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ARCHIVED - Broadcasting Decision CRTC 2004-388

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Broadcasting Decision CRTC 2004-388

 

See also: 2004-388-1

Ottawa, 30 August 2004

  Radio CKYK FM inc.
Alma, Quebec
  Application 2003-1028-5
Broadcasting Public Notice CRTC 2003-55
1 October 2003
 

CFGT Alma - Licence renewal

  The Commission renews the broadcasting licence for the radio programming undertaking CFGT Alma, from 1 September 2004 to 31 August 2011.
 

The application

1.

The Commission received an application by Radio CKYK FM inc. to renew the broadcasting licence for the radio programming undertaking CFGT Alma, which expires on 31 August 2004.
 

Intervention

2.

The Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) filed an intervention concerning this application. ADISQ made general comments regarding the streamlined process set out by the Commission in The CRTC Streamlines Radio Renewals Process, Broadcasting Circular CRTC 2002-448, 7 June 2002 (Circular 2002-448). ADISQ noted that, in Circular 2002-448, the Commission stated that it would "assess the effectiveness of this streamlining measure after the 2003 radio renewal round has been completed." The intervener also commented on the renewal of the CFGT licence.

3.

ADISQ stated that it was not opposed in principle to the streamlined process adopted by the Commission for renewal applications that do not raise any significant concerns, but it was concerned about the use of the streamlined process for this application. ADISQ submitted that there were not enough evaluations of the station's compliance, nor was there enough information on the public file for it to determine whether or not to support the licence renewal for a seven-year term. ADISQ asked that the Commission hold a full public proceeding on the CFGT renewal application, and, as a condition of eligibility for future streamlined renewal processes, that the Commission require that CFGT file with the Commission:
 
  • annual compliance reports on Canadian content and French-language vocal music;
 
  • a report demonstrating that the station provides access to the airwaves to French-language Canadian artists and offers a variety of their musical selections; and
 
  • a separate compliance report on Canadian talent development (CTD) contributions, to be placed on the public file.
 

The licensee's reply

4.

Groupe Radio Antenne 6 inc. (Groupe Radio), on behalf of Radio CKYK FM inc., submitted that the Commission should continue to use its streamlined renewal process for radio licences, given that the process allows licensees operating in smaller markets and who have fewer resources to prepare their own renewal applications without having to hire an outside specialist.

5.

Groupe Radio submitted that ADISQ did not consider the licensee's record of performance when it recommended that the Commission impose conditions of licence requiring that the licensee file the reports noted above. Groupe Radio indicated that CFGT has always complied with its conditions of licence and the Commission's policies and has never been the subject of a complaint. Groupe Radio further submitted that it would be inappropriate to impose a greater administrative burden on all responsible licensees.

6.

According to Groupe Radio, the Commission is sufficiently familiar with CFGT's file to renew the licence for a full term without requiring a new application or imposing additional conditions of licence as suggested by ADISQ.
 

The Commission's analysis and determination

7.

The Commission notes ADISQ's comments regarding the streamlined renewal process for radio licences. The Commission stated in Circular 2002-448 that the streamlining initiatives it has adopted in recent years in order to lighten the regulatory burden have assisted the licensees of broadcasting undertakings and have allowed the Commission to direct its limited resources to priority sectors. The Commission also stated in Circular 2002-448 that it would assess the effectiveness of this streamlining measure after the 2003 radio renewal round had been completed.

8.

The Commission addressed ADISQ's concerns in a number of renewal decisions issued in October and November 2003. In particular, the Commission stated that, while it has adopted streamlining initiatives to lighten the regulatory burden for licensees, it will continue to carry out its supervisory role through its ongoing compliance monitoring activities. Such monitoring activities include checking logger tapes, playlists, logs and a sampling of the programming broadcast by the stations. The Commission also considers all complaints filed, as well as any negative rulings issued by the Canadian Broadcast Standards Council.

9.

The Commission also assesses the information contained in the annual reports filed by licensees concerning CTD initiatives, and examines the performance of licensees with respect to their individual commitments or conditions of licence, as specified in previous renewal and other decisions.

10.

While the Commission recognizes that these reports may not always have been readily available on the public record, the Commission has now taken steps to ensure that these reports can be accessed on its website. Moreover, it is convinced that the additional steps proposed by ADISQ, namely, that licensees be required to file additional reports, would add to the administrative burden faced by broadcasters.

11.

The Commission has also assessed the effectiveness of the streamlining measures it has introduced, and will soon issue a circular detailing its conclusions with respect to this approach.

12.

The Commission considers that CFGT is in compliance with its conditions of licence and the regulations. Further, it notes that ADISQ did not demonstrate or allege that the station was not in compliance. The Commission is of the view that the streamlined renewal process it has employed in the case of CFGT has been appropriate under the circumstances.

13.

On the basis of its review of this licence renewal application and its past performance, the Commission renews the broadcasting licence for the radio programming undertaking CFGT Alma, from 1 September 2004 to 31 August 2011. The licence will be subject to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999 and to the following condition of licence:
 
  • The licensee shall make an annual payment to MusicAction of $400, pursuant to the terms of Implementation of the New Approach to Canadian Talent Development, Public Notice CRTC 1996-114, 19 August 1996.

14.

Consistent with Licence renewal for CFGT, Decision CRTC 97-433, 14 August 1997, the Commission expects the licensee to adhere to its commitment to produce, in each broadcast week, a minimum of 30 hours of local programming.
 

Employment equity

15.

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, 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. 
  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 

Date Modified: 2004-08-30

Date modified: