ARCHIVED - Broadcasting Decision CRTC 2005-419-1

1. On 11 October 2004, the Commission received a written complaint concerning a segment of programming broadcast on 27 September 2004 by CFAX, an AM radio station in Victoria, British Columbia. On 3 September 2004, the Commission approved, subject to conditions precedent, an application by CHUM Limited (CHUM) to acquire from Seacoast Communications Group Inc. (Seacoast) the assets of CFAX and CHBE-FM Victoria, and for broadcasting licences to continue the operation of the stations.¹ The conditions precedent were satisfied on 29 September 2004. Seacoast was therefore still the licensee of CFAX at the time of the broadcast in question. In light of the above, the references to "the licensee" in paragraphs 20 and 26 are to Seacoast and all other references to "the licensee," including those in paragraph 27, are to CHUM, the current licensee that replied to the complaint.

In this decision, the Commission addresses a complaint regarding comments that were broadcast by CFAX, an AM radio station in Victoria. Based on its review of the segment of programming at issue, the Commission finds that, by broadcasting the segment, the licensee of CFAX breached the provision of the Radio Regulations, 1986 that prohibits the broadcast of abusive comment. The Commission requires CHUM Limited, the current licensee of CFAX, to develop guidelines for open-line programming and to submit those guidelines to the Commission within three months of the date of this decision for its approval.