Broadcasting Decision CRTC 2020-272 and Broadcasting Orders CRTC 2020-273, 2020-274 and 2020-275
References: 2020-75, 2020-75-1, 2020-75-2 and 2020-75-3
Ottawa, 17 August 2020
Parrsboro Radio Society
Parrsboro, Nova Scotia
Public record for this application: 2019-0796-6
Electronic public hearing in the National Capital Region
16 June 2020
CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders
The Commission renews the broadcasting licence for the English-language community radio station CICR-FM Parrsboro from 1 September 2020 to 31 August 2022. This short-term licence renewal will allow for an earlier review of the licensee’s compliance with regulatory requirements.
Further, the Commission issues mandatory orders requiring Parrsboro Radio Society to ensure that CICR-FM complies at all times with sections 8(1) and 9(3)(b) of the Radio Regulations, 1986, and with condition of licence 2 set out in Appendix 1 to the present decision.
Application
- The Commission has the authority, pursuant to section 9(1) of the Broadcasting Act (the Act), to issue and renew licences for such terms not exceeding seven years and subject to such conditions related to the circumstances of the licensee as it deems appropriate for the implementation of the broadcasting policy set out in section 3(1) of the Act.
- On 3 June 2019, the Commission issued Broadcasting Notice of Consultation 2019-194, which listed the radio stations for which the broadcasting licences would expire 31 August 2020 and therefore needed to be renewed to continue their operations. In that notice of consultation, the Commission requested that the licensees of those services submit renewal applications for their broadcasting licences.
- In response, Parrsboro Radio Society (Parrsboro) filed an application to renew the broadcasting licence for the English-language community radio station CICR-FM Parrsboro, which expires 31 August 2020. The Commission did not receive any interventions in regard to this application.
Background
- In Broadcasting Decision 2015-473, the Commission renewed the broadcasting licence for CICR-FM for a short term, from 1 January 2016 to 31 August 2017. In that decision, the Commission determined that the licensee had failed to comply with the following:
- sections 8(1)(c), 8(4) and 8(6) of the Radio Regulations, 1986 (the Regulations) relating to the provision of a complete and accurate program log or record and a clear and intelligible audio recording;
- sections 9(3) and 9(4) of the Regulations regarding the obligation to provide a complete and accurate self-assessment report and music list as well as respond to Commission’s requests for information; and
- section 9(2) of the Regulations relating to the filing of complete annual returns, for the 2008-2009, 2009-2010, and 2011-2012 through 2013-2014 broadcast years.
- In that decision, in light of the above-noted non-compliance, the Commission granted a short-term renewal for CICR-FM. Further, to address the general absence of details provided by the licensee in regard to the station’s policies and plans to ensure future compliance, the Commission directed Parrsboro to file, pursuant to section 9(4) of the Regulations, a report setting out the station’s internal policies and procedures regarding the following:
- mechanisms for dealing with complaints;
- responsibilities for the implementation of regulatory requirements;
- the recruitment of volunteers;
- the training of volunteers; and
- access to the station’s studios by volunteers.
- The Commission noted that this report would allow it to assess any future complaints received regarding the station’s operations and would be used to evaluate the licensee’s ability to comply with the Commission’s regulatory requirements and with Broadcasting Regulatory Policy 2010-499 during the next licence term.
- In Broadcasting Decision 2018-110, the Commission once again renewed the broadcasting licence for CICR-FM for a short-term period, from 1 September 2018 to 31 August 2020, due to the licensee’s non-compliance with the following:
- sections 8(1)(c), 8(4), 8(6) and 9(3)(b) of the Regulations relating to the keeping, retaining and furnishing of a complete and accurate program log, audio recording and music list to the Commission; and
- section 9(2) of the Regulations relating to the filing of complete annual returns, for the 2015-2016 broadcast year (specifically, the financial statements were filed over three months late).
- In regard to the report that the licensee was directed to file in Broadcasting Decision 2015-473, the Commission noted that the report that was submitted was incomplete as it did not provide detailed internal policies and procedures. It added that the licensee seemed to have failed to implement its business strategy to improve its internal procedures in order to comply with its regulatory obligations. Consequently, the Commission required the licensee to file a new and complete report setting out the station’s internal policies and procedures to the Commission’s satisfaction, and imposed the following condition of licence to that effect:
The licensee shall file, pursuant to section 9(4) of the Radio Regulations, 1986, a report setting out the station’s internal policies and procedures, by 31 October 2018, including:
- mechanisms for dealing with complaints;
- responsibilities for the implementation of regulatory requirements;
- the recruitment of volunteers;
- the training of volunteers; and
- access to the station’s studios by volunteers.
- The Commission also imposed a condition of licence requiring the licensee to broadcast an announcement regarding its non-compliance. Finally, the Commission imposed mandatory orders requiring the licensee to comply at all times with sections 8(1), 8(4) and 8(6) of the Regulations relating to the keeping and filing of a complete program log and of a clear and intelligible audio recording or other exact copy of matter broadcast, as well as with section 9(2) of the Regulations (see Broadcasting Mandatory Orders 2018-111 and 2018-112, set out in Appendices 3 and 4, respectively, to Broadcasting Decision 2018-110).
- In Broadcasting Decision 2018-110, the Commission expressed concerns over the licensee’s ability and commitment to operate the station in a compliant manner, given the recurrent nature of the non-compliance and the licensee’s apparent lack of cooperation with Commission staff requests. The Commission further noted that should the licensee again breach regulatory requirements, including the mandatory orders, it would consider the suspension, non-renewal or revocation of CICR-FM’s broadcasting licence under sections 9 and 24 of the Act.
Non-compliance
- In Broadcasting Notice of Consultation 2020-75, the Commission stated that the licensee was in apparent non-compliance with the following during the current licence term (i.e., 1 September 2018 to 31 August 2020):
- sections 8(1), 8(2), 9(3)(a) and 9(3)(b) of the Regulations relating to the provision of a complete and accurate program log, self-assessment report and music list, for the 10 to 16 February 2019 broadcast week;
- condition of licence 2 set out in Appendix 1 to Broadcasting Decision 2018-110, relating to the filing of a report setting out the station’s internal policies and procedures by 31 October 2018, and, consequently, section 9(4) of the Regulations relating to the requirement to provide information regarding compliance with regulatory requirements; and
- Broadcasting Mandatory Order 2018-111 relating to the requirement to comply at all times with sections 8(1), 8(4) and 8(6) of the Regulations.
- In that notice of consultation, the Commission called the licensee to the 16 June 2020 electronic public hearing to discuss these serious and, in some cases, repeated instances of apparent non-compliance. The Commission noted that should it once again find the licensee in non-compliance, this would be the third consecutive licence term in which it will have been found in non-compliance with regulatory requirements.
- Given the warning set out in Broadcasting Decision 2018-110 relating to the possible measures the Commission could take in the context of the next licence renewal, the Commission reiterated that it may consider the possibility of suspending, not renewing or revoking the broadcasting licence for CICR-FM pursuant to sections 9 and 24 of the Act.
Requirement to provide a complete and accurate program log, self-assessment report and music list (sections 8(1), 8(2), 9(3)(a) and 9(3)(b) of the Regulations)
- Section 10(1)(i) of the Act authorizes the Commission to make regulations in furtherance of its objectives requiring licensees to submit to the Commission such information regarding their programs and financial affairs or otherwise relating to the conduct and management of their affairs as the regulations may specify.
- Consistent with this authority, the Commission made sections 8(1) and 8(2) of the Regulations, which specify the following:
8(1) Except as otherwise provided under a condition of its licence, a licensee shall
- keep, in a form acceptable to the Commission, a program log or a record of the matter broadcast by the licensee;
- retain the log or record for a period of four weeks after the date when the matter was broadcast; and
- cause to be entered into the log or record each day the following information:
- the date,
- the call letters, location and frequency of the licensee’s station,
- the time at which each station identification announcement is made,
- in relation to each program broadcast,
- the title and a brief description,
- subject to subsection (2), the number of the relevant content category,
- the time at which the program begins and ends,
- the code set out in Schedule 1 indicating the origin of the program and, if applicable, the language, type or group, and
- if applicable, the code set out in Schedule 1 identifying non-Canadian programming; and
- in relation to each commercial message, the quarter hour during which it is broadcast, its duration and the number of the relevant content subcategory.
8(2) When a program falls into more than one content category, a licensee shall cause to be entered in its program log or record the numbers of the two principal content categories in descending order of their relative importance in terms of broadcast time.
- In addition, the Commission made section 9(3)(a) of the Regulations, which specifies that a licensee shall submit the information required by the station self-assessment report when requested by the Commission, and section 9(3)(b), which sets out the information on musical selections that licensees must include when filing music lists for any period specified by the Commission.
- On 19 February 2019, Commission staff sent a letter to the licensee requesting that it file, by 12 March 2019, the audio recordings and related documents for the programming broadcast during the broadcast week of 10 to 16 February 2019. Although the licensee replied to the Commission by the above deadline, the program log it submitted did not include all the required information. Specifically, details in regard to the content subcategories and codes indicated in Schedule 1 to the Regulations were missing. Further, the required self-assessment report did not contain accurate totals for musical selections, and the music list was not provided.
- On 9 April 2019, Commission staff sent the licensee an evaluation report for CICR-FM in regard to requirements set out in the Regulations. The licensee sent a reply letter dated 27 June 2019. In regard to sections 8(1) and 8(2) of the Regulations relating to the submission of complete and accurate program logs, Parrsboro indicated that there are no configuration files for the OTIS automation software it uses to provide requested information directly into the log file when set to a certified server validation (CSV) file output. Whereas the information must therefore be entered manually, the licensee stated that CICR-FM does not have available staff to modify the log records to ensure the appropriate requested information is submitted.
- In regard to section 9(3)(a) of the Regulations relating to the provision of the self-assessment report, the licensee indicated that the incomplete self-assessment report stemmed from a misunderstanding on how the information should be presented. It indicated that it now understands what is required, and that it will be in a better position next time to fulfill this requirement. The licensee added that it does not understand all the legalities of the broadcasting records, but that it is attempting to learn.
- In addition, the licensee stated that it relies strictly on volunteers to operate the station, and that the inaccuracy stemmed from a lack of staff to preview all the pre-recorded programs that the station airs in order to list all the music selections to conform with the daily logs. It noted, however, that it will look into how it can comply with this requirement.
- Finally, in regard to section 9(3)(b) of the Regulations relating to the submission of complete and accurate music lists, Parrsboro stated that the omission of the music list was an oversight. The licensee added that it felt that there was no requirement for a paper or digital separate music list if music logs were submitted, but that it would ensure that this is corrected in the future.
- In a letter dated 22 January 2020, Commission staff provided the licensee with a further opportunity to explain the circumstances of these instances of apparent non-compliance and to specify the measures that have been or will be put in place to ensure future compliance with the Regulations.
- In its reply dated 3 February 2020, the licensee noted that CICR-FM is a small, short-staffed station with a studio that is often left unattended for hours at a time, and that is comprised of volunteers without the resources to help them understand requirements. It added that staff lacks training to go on air, which means that the station operates on broadcasting playlists that are built up prior to airing. The licensee also reiterated its statement that no configuration files exist to provide the information directly into the log file, resulting in staff having to reformat the log text file to include the appropriate information.
- In regard to the requirements relating to the submission of monitoring materials, the licensee stated at the hearing that it is aware of its responsibilities and linked the non-compliance to aging and unknowledgeable volunteers, who do not have time to focus on the requirements. It added that guidance from the Commission in the form of various types of documentation (such as pamphlets, books or examples) would make its task easier.
- During the hearing, in regard to the station’s monitoring system, the licensee indicated that it has an automatic logger with its DJ system, but that its equipment is old and therefore sometimes malfunctions. It added that, as previously confirmed in written communications with the Commission, the station’s programming is not able to provide the appropriate information requested directly into the log file.
- Finally, in regard to the OTIS automation software used by the station, the licensee stated that information is logged by the machine and that it is able to go back and print files, but that the station experienced a computer crash, and that files were lost as they had not been backed up. The licensee indicated, however, that it has added an external drive, and that it is confident this will help address the issue. Finally, the licensee noted that Mr. Ross Robinson, Chief Executive Officer for the licensee, and Mr. Kenny Gillis, one of the licensee’s directors, will both be responsible for overseeing the correct operation of the system.
- When questioned on the measures it would put in place to ensure future compliance with regulatory requirements, Parrsboro stated that it continues to review Commission staff comments in regard to current non-compliance as well as prior non-compliance. The licensee added that it strives to update its procedures, and that following conversations with Commission staff, it is now in a much better position to respond to Commission requests.
- In light of the above, the Commission finds the licensee in non-compliance with sections 8(1), 8(2), 9(3)(a) and 9(3)(b) of the Regulations.
Condition of licence requiring the filing of a report setting out the station’s internal policies and procedures, and responding to Commission requests (section 9(4) of the Regulations)
- Consistent with the authority granted by section 10(1)(i) of the Act, the Commission made section 9(4) of the Regulations, which specifies that, at the request of the Commission, a licensee shall respond to
- any complaint or request for resolution of a dispute filed by any person or any request for information regarding programming originated or distributed by the license or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and
- any request for information regarding adherence to the conditions of its licence, the Act and these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.
- Consistent with this provision and pursuant to its authority under section 9(1) of the Act to impose conditions of licence, in Appendix 1 to Broadcasting Decision 2018-110, the Commission set out the following condition of licence for CICR-FM:
The licensee shall file, pursuant to section 9(4) of the Radio Regulations, 1986, a report setting out the station’s internal policies and procedures, by 31 October 2018, including:
- mechanisms for dealing with complaints;
- responsibilities for the implementation of regulatory requirements;
- the recruitment of volunteers;
- the training of volunteers; and
- access to the station’s studios by volunteers.
- The licensee failed to file the report by the 31 October 2018 deadline.
- In reply to a 22 January 2020 Commission request for information, in which the licensee was asked to provide a specific date by which the requested report would be filed, the licensee replied that February is quite a busy month, but that a date for the report to be filed would be communicated to the Commission. The licensee also stated in its reply that it thought that the report had already been filed, but it did not provide a clear answer as to why it did not know the report was not filed. As of the date of this decision, the Commission has not received the report.
- Further questioned on this matter at the public hearing, it was only with reluctance that Mr. Alain Couture, Chairperson and Treasurer of Parrsboro Radio Society, committed to write the report. The licensee noted, however, that volunteers have passed away, and that some have health issues. It added that a draft of the booklet exists but could not be approved by the Board due to the pandemic. Finally, the licensee committed to submitting a report to the Commission by no later than 60 days from the date that the licence renewal decision for CICR-FM is published (i.e., 16 October 2020).
- In light of the above, the Commission finds the licensee in non-compliance with condition of licence 2 set out in Appendix 1 to Broadcasting Decision 2018-110, and, consequently, with section 9(4) of the Regulations.
Keeping and retaining of a complete and accurate program log or record of matter broadcast (section 8(1) of the Regulations) and Broadcasting Mandatory Order 2018-111
- In Broadcasting Decision 2018-110, the Commission issued a mandatory order, pursuant to section 12(2) of the Act, requiring Parrsboro to comply at all times with sections 8(1), 8(4) and 8(6) of the Regulations. As noted above, for the 10 to 16 February 2019 broadcast week, the licensee has been found in non-compliance with section 8(1) of the Regulations as it failed to provide a complete and accurate program log for CICR-FM for that broadcast week.
- The licensee stated that it completely misunderstood the instructions of the mandatory order, but that following a discussion with Commission staff, it now has a much better understanding of the requirements of the order and is working hard to incorporate the details into the program log, as required.
- When questioned by the Commission on why measures to be reviewed on a weekly basis to ensure the station’s compliance with monitoring material were not successful, the licensee indicated that people on the board had passed away and that the chairperson has been diagnosed with health issues. It added that submitted material was not considered acceptable for various reasons, without providing any details in this regard, and that it struggled to understand the requirements, although it is now at a point where it understands them. Finally, the licensee noted that Mr. Couture, the current Chairperson and Treasurer of Parrsboro, will be able to help with the required forms, and that it will be more proactive in contacting the Commission should it not understand requirements.
- In light of the above, the Commission finds the licensee in violation of Broadcasting Mandatory Order 2018-111 relating to the requirement to comply at all times with section 8(1) 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 leading to the non-compliance, the arguments provided by the licensee, and the actions taken to rectify the situation are also considered.
- The current licence term is the first licence term in which the licensee has been found in non-compliance with section 8(2) of the Regulations and condition of licence 2 set out in Appendix 1 to Broadcasting Decision 2018-110. However, it is the second non-consecutive licence term in which it has been found in non-compliance with sections 9(3)(a) and 9(4) of the Regulations, and the third consecutive licence term in which the licensee has been found in non-compliance with sections 8(1) and 9(3)(b) of the Regulations. More significantly, the licensee is also in violation of Broadcasting Mandatory Order 2018-111 relating to the requirement to comply at all times with section 8(1)(c) of the Regulations.
- The Commission acknowledges the efforts required to operate a community radio station on a limited budget and the challenges faced by Parrsboro in regard to the use of volunteers, health issues and the passing of board members. However, the Commission has concerns regarding the licensee’s understanding of the station’s conditions of licence and the Regulations with which it has been found in non-compliance, as well as its capacity to bring the station into compliance in the next licence term. In regard to the measures proposed to address the non-compliance, the details and explanations the licensee provided were vague and lacking clarity, leaving the Commission to question the ability of the licensee to bring the station into compliance. Moreover, the licensee has assumed very little responsibility in regard to meeting its obligations. As an example, it seems that the licensee has never proactively sought help from the National Campus and Community Radio Association, and seems unaware that this association has a handbook to help or guide community radio stations.
- Despite these concerns, the Commission considers that community radio is an important part of the Canadian broadcasting system and is aware of the particular challenges these types of stations face. As a result of the discussions with the licensee at the hearing, the licensee should now have sufficient information regarding its obligations and the resources available to it to bring itself into compliance. In light of this, and given the seriousness of the various instances of non-compliance along with the recurrence of the licensee’s non-compliance with regulatory requirements, the Commission finds that it would be appropriate to renew the broadcasting licence for CICR-FM for a short-term of two years, which will allow for an earlier review of the licensee’s compliance with regulatory requirements.
- In regard to the licensee’s non-compliance with condition of licence 2 set out in Appendix 1 to Broadcasting Decision 2018-110, the Commission has set out a condition of licence requiring Parrsboro to file, by no later than 16 October 2020, a report setting out the station’s internal policies and procedures in regard to the following:
- mechanisms for dealing with complaints;
- responsibilities for the implementation of regulatory requirements;
- the recruitment of volunteers;
- the training of volunteers; and
- access to the station’s studios by volunteers.
- In addition, in light of the recurring nature of the licensee’s non-compliance with sections 8(1) and 9(3)(b) of the Regulations and with the station’s condition of licence relating to the filing of a report setting out the station’s internal policies and procedures, and in light of the licensee’s violation of Broadcasting Mandatory Order 2018-111, the Commission finds that it would be appropriate to require Parrsboro to broadcast on CICR-FM an on-air announcement regarding its non-compliance three times a day for five consecutive days within the 14-day period immediately following the beginning of the new licence term. Pursuant to section 9(4) of the Regulations, to confirm compliance with this requirement, the licensee must file with the Commission the audio recordings for the broadcast days during which the announcement was broadcast and a completed and signed Attestation as to the broadcast of the non-compliance announcement on CICR-FM Parrsboro, which can be found in Appendix 2 to this decision. A condition of licence to that effect is set out in Appendix 1 to this decision.
- Finally, section 12(2) of the Act allows the Commission to make an order requiring a person to do any act or thing that they are or may be required to do under, or forbidding a person from doing anything contrary to, Part II of the Act, or any regulation, licence, decision or order made by the Commission under Part II. Further, section 13 of the Act allows a mandatory order to be made an order of the Federal Court and makes such orders enforceable by the Federal Court.
- At the hearing, the licensee confirmed its understanding of the implications of imposing mandatory orders on licensees. When asked to comment specifically on the possible imposition of mandatory orders on CICR-FM in regard to the above-noted non-compliance with various regulatory requirements, the licensee stated that it recognized mandatory orders as a possible measure to be imposed, but that it would not be a welcome measure, as it adds to the workload for volunteers, increases their learning curve, and diminishes the fun and enjoyment of providing state of the art broadcast entertainment for local community listeners. It added that it believes it can now comply with its regulatory obligations.
- In light of the recurring nature of the non-compliance and in order to stress the importance with which the Commission takes compliance with regulatory obligations, the Commission imposes mandatory orders for CICR-FM under section 12(2) of the Act requiring Parrsboro to comply at all times with sections 8(1) and 9(3)(b) of the Regulations, and with condition of licence 2 set out in Appendix 1 to this decision. The order requiring compliance by CICR-FM with section 8(1) of the Regulations is set out in Appendix 3 to this decision; the order requiring compliance by CICR-FM with section 9(3)(b) of the Regulations is set out in Appendix 4; and the order requiring compliance with condition of licence 2 is set out in Appendix 5. In addition, pursuant to section 13 of the Act, these orders will be filed with the Federal Court and will be treated as orders of that court.
Conclusion
- In light of all of the above, the Commission renews the broadcasting licence for the English-language community radio programming undertaking CICR-FM Parrsboro from 1 September 2020 to 31 August 2022. The conditions of licence for this station are set out in Appendix 1 to this decision.
Reminders
- Licensees are responsible for filing complete annual returns on time, including financial statements. As set out in Broadcasting Information Bulletin 2011-795, it is the licensee’s responsibility to ensure that all appropriate forms and documentation are included with its annual returns, and to contact the Commission if further clarification is required.
- The Commission is charged with the supervision and regulation of the Canadian broadcasting system. The submission of complete and accurate radio monitoring materials enables the Commission to conduct an analysis of a station’s programming to verify compliance with regulatory obligations. The retention of these radio monitoring materials 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 does not file such 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.
- The licensee must be in compliance with regulatory requirements at all times. Should the licensee again breach regulatory requirements, including the mandatory orders, the Commission will consider the suspension, non-renewal or revocation of the broadcasting licence under sections 9 and 24 of the Act.
- Pursuant to section 22 of the 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.
Secretary General
Related documents
- Notice of hearing, Broadcasting Notice of Consultation CRTC 2020-75, 26 February 2020, as amended by Broadcasting Notices of Consultation CRTC 2020-75-1, 23 March 2020; 2020-75-2, 7 April 2020; and 2020-75-3, 28 May 2020
- Call for licence renewal applications, Broadcasting Notice of Consultation CRTC 2019-194, 3 June 2019
- CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2018-110 and Broadcasting Orders CRTC 2018-111 and 2018-112, 3 April 2018
- CICR-FM Parrsboro – Licence renewal, Broadcasting Decision CRTC 2015-473, 21 October 2015
- Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014
- Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011
- Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010
This decision is to be appended to the licence.
Appendix 1 to Broadcasting Decision CRTC 2020-272
Terms, conditions of licence, expectations and encouragement for the English-language community radio programming undertaking CICR-FM Parrsboro, Nova Scotia
Terms
The licence will take effect 1 September 2020 and expire 31 August 2022.
Conditions of licence
- The licensee shall adhere to the conditions of licence 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.
- The licensee shall file, pursuant to section 9(4) of the Radio Regulations, 1986, a report setting out the station’s internal policies and procedures, by no later than 16 October 2020, including:
- mechanisms for dealing with complaints;
- responsibilities for the implementation of regulatory requirements;
- the recruitment of volunteers;
- the training of volunteers; and
- access to the station’s studios by volunteers.
- a) The licensee shall broadcast the following announcement three times a day, distributed in a reasonable manner, between 6:00 a.m. and 10:00 a.m. or between 4:00 p.m. and 6:00 p.m., for five consecutive business days, within the 14-day period immediately following the beginning of the new licence term (1 September to 15 September 2020):
Radio frequencies are a limited public resource. Holding a broadcasting licence is a privilege, and broadcasters are required to abide by a number of regulations and conditions of licence in order to operate a radio station. In Broadcasting Decision 2020-272, the CRTC determined that this station is in non-compliance with the Radio Regulations, 1986. The instances of non-compliance are a recurring issue. CICR-FM has put measures in place to ensure that the instances of non-compliance in question do not reoccur.
b) The licensee shall provide to the Commission the audio recordings for the broadcast days during which the announcement was broadcast, and file a completed and signed Attestation as to the broadcast of the non-compliance announcement on CICR-FM Parrsboro, set out in Appendix 2 to CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2020-272, 17 August 2020, by no later than 14 days following the final broadcast of the announcement.
Expectations
The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.
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 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.
Appendix 2 to Broadcasting Decision CRTC 2020-272
Attestation as to the broadcast of the non-compliance announcement on CICR-FM Parrsboro
In regard to the requirements set out in condition of licence 3 in Appendix 1 to CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2020-272, 17 August 2020 (Broadcasting Decision 2020-272), I ____________________ (NAME) on behalf of __________________________ (LICENSEE), certify that the announcement regarding CICR-FM Parrsboro’s non-compliance with the Radio Regulations, 1986, condition of licence 2 set out in Appendix 1 to CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2018-110 and Broadcasting Orders CRTC 2018-111 and 2018-112, 3 April 2018, and Broadcasting Order 2010-111 was duly broadcast three times a day and distributed in a reasonable manner, between 6:00 a.m. and 10:00 a.m. or between 4:00 p.m. and 6:00 p.m., for five consecutive days, within the 14-day period immediately following the beginning of the new licence term, as follows:
First date of broadcast | - | Time | 1: | 2: | 3: |
---|---|---|---|---|---|
Second date of broadcast | - | Time | 1: | 2: | 3: |
Third date of broadcast | - | Time | 1: | 2: | 3: |
Fourth date of broadcast | - | Time | 1: | 2: | 3: |
Fifth date of broadcast | - | Time | 1: | 2: | 3: |
___________________________________________________________
Signature
___________________________________________________________
Date
Appendix 3 to Broadcasting Decision CRTC 2020-272
Broadcasting Mandatory Order CRTC 2020-273
Pursuant to section 12(2) of the Broadcasting Act, the Commission hereby orders Parrsboro Radio Society, licensee of CICR-FM Parrsboro, to comply at all times during the term of the licence granted in CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2020-272, 17 August 2020, with the requirements set out in section 8(1) of the Radio Regulations, 1986, which read as follows:
8(1) Except as otherwise provided under a condition of its licence, a licensee shall:
- keep, in a form acceptable to the Commission, a program log or a record of the matter broadcast by the licensee;
- retain the log or record for a period of four weeks after the date on which the matter was broadcast; and
- cause to be entered in the log or record each day the following information:
- the date,
- the call letters, location and frequency of the licensee’s station,
- the time at which the station identification announcement is made,
- in relation to each program broadcast:
- the title and a brief description,
- subject to subsection (2), the number of the relevant content category,
- the time at which the program begins and ends,
- the code set out in Schedule 1 indicating the origin of the program and, if applicable, the language, type or group, and
- if applicable, the code set out in Schedule 1 identifying non-Canadian programming, and
- in relation to each commercial message, the quarter hour during which it is broadcast, its duration and the number of the relevant content subcategory.
Appendix 4 to Broadcasting Decision CRTC 2020-272
Broadcasting Mandatory Order CRTC 2020-274
Pursuant to section 12(2) of the Broadcasting Act, the Commission hereby orders Parrsboro Radio Society, licensee of CICR-FM Parrsboro, to comply at all times during the term of the licence granted in CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2020-272, 17 August 2020, with the requirement set out in section 9(3)(b) of the Radio Regulations, 1986, which reads as follows:
9(3) At the request of the Commission, a licensee shall submit for any period specified by the Commission in its request
- a list of the musical selections in the order in which they are broadcast by the licensee during that period that includes the title and performer of each musical selection and a legend that identifies
- any Canadian musical selection,
- any hit,
- any instrumental selection,
- any content category 3 musical selection, and
- the language of the musical selection, where the musical selection is not an instrumental selection.
Appendix 5 to Broadcasting Decision CRTC 2020-272
Broadcasting Mandatory Order CRTC 2020-275
Pursuant to section 12(2) of the Broadcasting Act, the Commission hereby orders Parrsboro Radio Society, licensee of CICR-FM Parrsboro, to comply at all times during the term of the licence granted in CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2020-272, 17 August 2020, with the requirement set out in condition of licence 2 of Appendix 1 to that decision, which reads as follows:
- The licensee shall file, pursuant to section 9(4) of the Radio Regulations, 1986, a report setting out the station’s internal policies and procedures, by no later than 16 October 2020, including:
- mechanisms for dealing with complaints;
- responsibilities for the implementation of regulatory requirements;
- the recruitment of volunteers;
- the training of volunteers; and
- access to the station’s studios by volunteers.
- Date modified: