Broadcasting Decision CRTC 2018-282

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Reference: Part 1 licence renewal application posted on 23 February 2018

Ottawa, 14 August 2018

Radio Bellechasse-Etchemins
Lac-Etchemin, Quebec

Public record for this application: 2017-0753-0

CFIN-FM Lac-Etchemin and its transmitters CFIN-FM-1 Armagh, CFIN-FM-2 Saint-Malachie, CFIN-FM-3 Saint-Anselme and
CFIN-FM-4 Saint-Jean de l’Île d’Orléans – Licence renewal

The Commission renews the broadcasting licence for the French-language community radio station CFIN-FM Lac-Etchemin from 1 September 2018 to 31 August 2023. This short-term renewal will allow for an earlier review of the licensee’s compliance with regulatory requirements.

Application

1. Radio Bellechasse-Etchemins (Bellechasse-Etchemins) filed an application to renew the broadcasting licence for the French-language community radio station CFIN-FM Lac-Etchemin, Quebec, which expires on 31 August 2018. The Commission did not receive any interventions regarding this application.

Background

2. In Broadcasting Decision 2012-704, the Commission renewed the broadcasting licence for CFIN-FM for a short-term period due to the licensee’s non-compliance related to the filing of annual returns.  

Non-compliance

3. Condition of licence 9 set out in Broadcasting Regulatory Policy 2012-304 specifies that, a licensee of a community radio station shall devote at least 20% of its musical selections in each broadcast week to musical selections from content subcategories other than subcategory 21 (Pop, rock and dance).
4. During the broadcast week of 16 to 22 October 2016, the licensee devoted only 14% of the music broadcast to content subcategories other than subcategory 21.
5. Bellechasse-Etchemins stated that its automation system did not contain all the information for each song in the catalogue. It argued that a high turnover of volunteers led to a lack of knowledge of the music categories. The licensee has since reviewed its automation system and restricted the number of persons authorized to enter songs in the catalogue. It also gave training to the volunteers and employees on the tools used to categorize songs and the station’s obligations. Finally, Bellechasse-Etchemins modified its programming to include special interest music.
6. In light of the above, the Commission finds the licensee in non-compliance with condition of licence 9 set out in Broadcasting Regulatory Policy 2012-304.

Regulatory measures

7. 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 leading to the non-compliance, the arguments provided by the licensee and the actions taken to rectify the situation are also considered.
8. The Commission notes the steps the licensee has taken to ensure compliance in the future. However, although the nature of the current non-compliance is not the same as that of the last licence renewal, this is the second consecutive licence term in which the licensee has been found in non-compliance. Accordingly, the Commission finds it appropriate to renew the licence for CFIN-FM for a short-term period of five years.

Conclusion

9. In light of the above, the Commission renews the broadcasting licence for the French-language community radio programming undertaking CFIN-FM Lac-Etchemin from 1 September 2018 to 31 August 2023. The conditions of licence are set out in the appendix to this decision.

Reminders

10. Should the licensee continue to be in non-compliance with regulatory requirements, the Commission may consider recourse to additional measures as part of the next licence renewal process, including the issuance of a mandatory order or the revocation or non-renewal of the licence.
11. Pursuant to section 22 of the Broadcasting Act, the broadcasting licence renewed in this decision will cease to have any force or effect should the broadcasting certificate issued by the Department of Industry lapse.

Secretary General

Related documents

• Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014
• Various campus and community radio programming undertakings – Licence renewals, Broadcasting Decision CRTC 2012-704, 21 December 2012
• Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012

This decision is to be appended to the licence.

Terms

The licence will expire 31 August 2023.

Conditions of licence

1. The licensee shall adhere to the conditions set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012, as well as to the conditions set out in the broadcasting licence for the undertaking.

Expectations

Cultural diversity

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

Ownership information

As set out in Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010, the Commission expects all community and campus radio station licensees to file yearly updates on the composition of their board of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections or at any other time. As noted in Appendix 3 to that regulatory policy, licensees may submit such information through the Commission’s website.

Encouragement

The Commission considers that community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages the licensee to consider these issues in its hiring practices and in all other aspects of its management of human resources.

Date modified:

2018-08-14