Broadcasting Decision CRTC 2016-242

Reference: Part 1 licence renewal application posted on 26 January 2016

Ottawa, 27 June 2016

Newcap Inc.
Lloydminster, Alberta

Application 2015-0801-1

CKSA-FM Lloydminster – Licence renewal

The Commission renews the broadcasting licence for the English-language commercial radio station CKSA-FM Lloydminster from 1 September 2016 to 31 August 2021.

This shortened licence renewal will allow for an earlier review of the licensee’s compliance with its regulatory requirements.

Application

Newcap Inc. (Newcap) filed an application to renew the broadcasting licence for the English-language commercial radio station CKSA-FM Lloydminster, Alberta, which expires 31 August 2016.

Intervention

The Commission received an intervention from the Canadian Association of Broadcasters (CAB) commenting on several commercial radio licence renewal applications, including this application. The public record for this proceeding can be found on the Commission’s website at www.crtc.gc.ca or by using the application number provided above.
Among its comments, the CAB raised concerns about new measures imposed by the Commission regarding stations in non-compliance.

Non-compliance

Sections 8(1), 8(2), 8(3), 8(4) and 9(3)(b) of the Radio Regulations, 1986 (the Regulations) relate to a licensee’s responsibilities regarding program logs, logger tapes and music lists. These provisions require, among other things, that a licensee keep and retain logs and logger tapes, and that a licensee submit logs, logger tapes or music lists to the Commission upon request.
Newcap is in apparent non-compliance with sections 8(1), 8(2), 8(3), 8(4) and 9(3)(b) of the Regulations regarding the retention and provision of complete and accurate program logs and records for the requested broadcast week of 5 to 11 October 2014.
Specifically, the monitoring material submitted by the licensee included an incomplete and unclear hand-written music list that was inconsistent with the audio recording submitted. Despite Commission staff’s request dated 6 July 2015 for the station to resubmit complete program logs, the licensee still has not submitted all of the required monitoring material.
The licensee acknowledged the need to review its procedures regarding the management of program logs. It indicated that it had assigned a senior program director to monitor the log management for the station and to supply training to staff. Newcap further indicated that in light of the noted instances of non-compliance, it would accept a short-term licence renewal or any measures that the Commission deems necessary.
In light of the above, the Commission finds Newcap in non-compliance with sections 8(1), 8(2), 8(3), 8(4) and 9(3)(b) of the Regulations.

Regulatory measures

The Commission’s approach to non-compliance by radio stations is set out in Broadcasting Information Bulletin 2014-608. Under that approach, each instance of non-compliance is evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The circumstances, the arguments provided by the licensee and the actions taken to rectify the situation are also considered.
The Commission is charged with the supervision and regulation of the Canadian broadcasting system. The submission of complete and accurate program logs, logger tapes and music lists enables the Commission to conduct an analysis of a station’s programming to verify compliance with regulatory requirements and conditions of licence. The retention of logger tapes also makes it possible for the Commission to investigate a station’s programming in the case of complaints. As such, any licensee that does not file requested material in a timely manner, or files incomplete or no material at all, affects the ability of the Commission to adequately perform its duty to independently confirm the licensee’s adherence to regulatory and licence requirements. These filings also become important indicators of whether the licensee has the willingness, ability and knowledge necessary to bring itself into compliance and maintain such compliance.
Accordingly, the Commission considers any breach of these obligations a serious matter. In the case of CKSA-FM, the Commission acknowledges the explanations provided by the licensee and notes the measures it has put in place to address the various instances of non-compliance and to ensure compliance going forward. In light of the circumstances of this case, the Commission does not consider that the imposition of additional measures is necessary at this time. However, the Commission finds it appropriate to grant CKSA-FM a shortened licence renewal of five years.
The Commission reminds the licensee that it could impose additional measures should additional non-compliances relating to the submission of monitoring materials be raised over the next licence term.

Conclusion

In light of all of the above, the Commission renews the broadcasting licence for the English-language commercial radio programming undertaking CKSA-FM Lloydminster from 1 September 2016 to 31 August 2021. This shortened licence term will allow for an earlier review of the licensee’s compliance with its regulatory requirements. The licensee shall adhere to the conditions of licence set out in Broadcasting Regulatory Policy 2009-62 and to the conditions set out in the broadcasting licence for this undertaking.

Reminder

Pursuant to section 22 of the Broadcasting Act, the broadcasting licence renewed in this decision will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.

Cultural diversity

The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.

Employment equity

Because Newcap is subject to the Employment Equity Act and file reports concerning employment equity with the Department of Employment and Social Development, its employment equity practices are not examined by the Commission.

Secretary General

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