ARCHIVED -  Decision CRTC 97-376

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Decision

Ottawa, 7 August 1997
Decision CRTC 97-376
Standard Radio Inc.
St. Catharines, Ontario - 951305200
Licence renewal for CKTB
1. Following Public Notice CRTC 1996-98 dated 12 July 1996, Decision CRTC 96-585 dated 30 August 1996 and Decision CRTC 96-801 dated 20 December 1996, the Commission renews the broadcasting licence for the radio programming undertaking CKTB St. Catharines, from 1 September 1997 to 31 August 2000, subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.
2. This term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations).
3. Subsection 2.2(3) of the regulations requires that a minimum of 30% of all musical selections from content category 2 and 10% of all musical selections from content category 3 broadcast weekly be Canadian. A self-analysis provided by the licensee for programming broadcast during the week of 23 to 29 April 1995 revealed a Canadian content level of 29.27% in Category 2 and 2.97% in Category 3. The Commission later adjusted the Canadian Content level for category 2 music to 28.5%.
4. The Commission views with great concern the licensee's failure to comply with this regulatory requirement. It intends to monitor the licensee's performance during the new licence term, and directs the licensee to take all necessary measures to ensure that the regulations are adhered to at all times.
5. The Commission notes that the licensee has since been granted a condition of licence authorizing it to broadcast a Canadian content level of not less than 2% during periods of category 2 music consisting exclusively of music composed before 1956 and not less than 10% for periods consisting of 90% or more but not exclusively of music composed before 1956.
6. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines For Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.
7. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.
8. The Commission acknowledges the interventions opposing the renewal of this licence as well as the licensee's reply thereto.
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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