ARCHIVED -  Decision CRTC 86-595

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Decision

Ottawa, 20 June 1986
Decision CRTC 86-595
Coaticook FM Inc.
Coaticook, Quebec - 853321800
Following a Public Hearing in Montreal on 18 March 1986, the Commission renews the broadcasting licence for CFIN-FM Coaticook for a period of one year only from 1 October 1986 to 30 September 1987, subject to the conditions specified in this decision and in the licence to be issued.
The Commission notes that the station will operate in the Group III musical format, which encompasses its current "Western" format.
The Commission conducted an analysis of CFIN-FM programming for the week of 4 to 10 November 1985 and noted serious deficiencies in its presentation of foreground programming and French-language vocal music.
The Commission found that the licensee was only providing a level of 6.6% foreground programming, compared with the 12% minimum level required by regulation. The licensee acknowledged this discrepancy in a self-evaluation it conducted of this same broadcast period. The Commission further noted that most of the foreground programming consisted of rebroadcasts of hockey games.
The programming analysis of the music broadcast on 5 November 1985 revealed that the station was operating, as authorized, in a "Western" format. It was, however, broadcasting as much as 90.7% English-language vocal selections with only 9.3% in French, in contrast to its commitment to broadcast at least 65% French-language vocal music.
The Commission also noted that the unauthorized broadcasting of English or bilingual spoken word programming which, although limited in duration, was spread out over the entire broadcast day. Moreover, this programming seemed to be aimed more at an American audience that at the station's Canadian listeners.
At the hearing, the licensee explained that the discrepancies in foreground programming had occurred when the station was preparing to relocate and was in the midst of a number of staff changes. In explaining its shortfalls in Frenchlanguage vocal music, the licensee stated that it had encountered difficulty in obtaining French-language "Western" recordings. In justifying its English-language programming, the licensee also pointed out that it had a sizeable American audience from which it earned considerable advertising revenues.
In light of the foregoing, the Commission finds that the licensee failed to adhere to its conditions of licence, in particular the requirement that it comply with the commitments made in its Promise of Performance, or to the FM policies and regulations. The Commission has therefore decided to renew the license of CFIN-FM for one year only and, in accordance with previous decisions in cases of non-compliance and for as long as the situation persists, it denies the proposed amendment to the Promise of Performance to provide a bilingual service, comprised of broadcasts in French 75% and in English 25%.
The Commission acknowledges that it has on past occasions authorized certain French-language radio stations to broadcast a certain amount of English-language programming, taking into account the particular circumstances of each case. All such requests must be accompanied by relevant information on the nature of, and justification for, the broadcasting of such programming, and must demonstrate how it will serve a particular audience.
The Commission will conduct further analyses of CFIN-FM's programming to determine whether the station is adhering to its Promise of Performance. The Commission has noted a certain lack of understanding on the part of the licensee with regard to foreground programming and reminds the licensee that such programming is essential to distinctive FM programming of high quality. It therefore requires the licensee to adhere strictly to its commitment to broadcast at least 12% foreground programming. In addition, consistent with previous decisions relating to this issue, sports rebroadcasts should not constitute more than 50% of foreground programming on a weekly basis.
The Commission also notes that no licensee may implement proposed amendments without prior approval from the Commission, and that it is not prepared to consider such amendments to the licence until subsequent analyses have shown that the licensee is operating in conformity with its commitments. The Commission will forward a copy of the results of its analyses to the licensee at the time of the next licence renewal, and will give the licensee an opportunity to submit its comments thereon.
The licensee had also requested an exemption from the requirement that it must broadcast a minimum of 65% French-language vocal music and has applied to broadcast a level of 34%. The Commission denies this request. It has, however, considered the licensee's proposal to broadcast a weekly two-hour program featuring local and regional "country" talent, and authorizes the licensee, as a condition of licence, to broadcast a minimum of 55% French-language vocal music, in conformity with the provisions made in Public Notice CRTC 1986-67 dated 19 March 1986 entitled "French-language Popular Music".
The Commission views with grave concern the licensee's failure to adhere to its commitments and regulatory requirements and requires that, from now on, the licensee must abide by its Promise of Performance at all times. Any failure by the licensee to remain in full compliance with the terms of this decision, its conditions of licence including the commitments contained in its Promise of Performance, as well as with Commission policies and regulations, will compromise the next renewal of its licence.
Fernand Bélisle
Secretary General

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