Tag Archives: CJWI

CRTC says it doubts CPAM’s commitment to licence compliance for CJWI 1410 and CJMS 1040

The CRTC isn’t happy with Jean-Ernest Pierre and the two Montreal-area AM radio stations he owns, both of which have gone through a third straight licence term where they have failed to comply with their regulatory obligations.

The commission is considering further options, up to and including revoking or refusing to renew their licences.

On Thursday, the commission issued a notice of hearing for Sept. 7, during which it will consider the licence renewals of CJWI 1410 AM (Haitian station CPAM Radio Union) and CJMS 1040 AM (the country music station based in St-Constant). Both were set to expire Aug. 31, but have been extended a year to give the commission time to consider the compliance issues.

The notice lists a series of regulations and licence conditions the station has apparently failed to meet.

For CJWI 1410:

  • Failing to file annual returns on time (CPAM blamed this on the accountant)
  • Failing to file a form relating to the National Public Alerting System (blamed on the provider of the NPAS system and lack of familiarity with the form)
  • Failing to provide audio recordings and information on licence compliance following a CRTC request (blamed on lack of clarity on the form they were asked to fill out)
  • Failing to provide a detailed music list (CPAM said it sent one when asked)
  • Failing to provide proof of payment of Canadian content development contributions (CPAM said it was paid on time, gave no explanation for failure to provide proof by deadline)
  • Failing to broadcast word-for-word a notice of non-compliance as ordered under the previous licence renewal (CPAM said it believed it was acceptable to follow the spirit of the demand rather than the letter)

For CJMS 1040:

  • Failing to file annual returns on time (CPAM blamed this on the accountant)
  • Failing to file a form relating to the National Public Alerting System (blamed on the provider of the NPAS system)
  • Failing to provide audio recordings upon request (CPAM said host Pascal Pourdier sent them in November — eight months after the CRTC’s request — but apparently the commission never received them)
  • Failing to provide proof of payment of Canadian content development contributions (CPAM said contributions prior to 2014 were the responsibility of the previous owner, but it has paid the amount owed; for contributions after the acquisition, they were paid on time, but no explanation was given for failure to provide proof by deadline)

CJMS has requested a licence amendment to relieve it of the obligation to pay $500 a year to Canadian content development. That request might have been granted (the commission has since made it a policy that stations with small incomes shouldn’t be forced to make CCD expenditures, and the $500 a year was a commitment the group chose to make when it acquired the station in 2014) except that the CRTC also has a policy not to relieve stations of licence conditions when those licence conditions have not been met. (In other words, the commission prefers you ask for permission instead of forgiveness.)

For both stations, the owner passes the buck on responsibility, blaming the accountant, the alerting system provider, an on-air host and even the commission itself for its failure to comply with its licence conditions. The CRTC won’t like that.

But it especially won’t like the fact that these stations had already been called to order on these issues. CJMS’s last licence renewal came with two mandatory orders (which can be enforced by federal court) requiring the station comply with licence conditions. That order came after a bizarre in-person hearing during which the previous owner blamed his father’s dementia for the station’s failure to comply. Though CJMS has a new owner, this is the fourth straight licence term that the station has been in non-compliance, and the third straight time that a short-term renewal has failed to bring the station into line.

For CJWI, there was no mandatory order or tense public hearing, but there were also repeated short-term renewals because of licence non-compliance — in 2008 for four years because of a failure to provide an annual return on time, 2015 for two years because of failures related to annual returns and CCD contributions. Like CJMS, CJWI doesn’t have a single licence term where it has complied with all its licence conditions.

What will the CRTC do?

The commission has a policy on how to deal with non-compliant radio stations, based on how severe the non-compliance is, whether the non-compliance has been a chronic problem, and how the owner has responded to being informed of the apparent non-compliance.

The commission could do nothing, if it determines that the non-compliance was minor or just a communication issue. The next step is usually a short-term licence renewal, which it has already done repeatedly for both stations. It could impose additional CCD contributions (a de facto fine), it could require the station broadcast a notice of its non-compliance (which it did for CJWI), issue mandatory orders (which it did for CJMS), and in the most extreme cases, it could suspend, revoke or refuse to renew the licenses.

Normally, for that extreme measure, the commission would call the licensees to an in-person hearing to give them a chance to explain themselves. That’s what it did with CJMS’s previous owner, and for Aboriginal Voices Radio before revoking its licences. But this notice says the CRTC does not expect to require the licensees’ presence in person. This makes licence revocation unlikely.

Nevertheless, for both stations, it said: “Given the recurrence of the station’s non-compliance over the past several licence terms, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner.”

That should be worrying to any radio station owner, and a strong sign that the commission’s patience is wearing thin.

Other stations in non-compliance

The hearing is also looking at three other stations that have compliance issues:

  • CICR-FM Parrsboro, N.S. The community radio station got its first licence in 2008, and was renewed for a short term in 2015. Its compliance issues relate to annual returns, program logs and requests for information from the commission.
  • CFOR-FM Maniwaki, Que. The commercial station has gone through a third licence term failing to comply with licence conditions, including a condition imposed in 2015 about broadcasting its failure to comply. The application does not include explanations for these latest failures.
  • CKFG-FM Toronto (G98.7). This commercial station owned by Intercity Broadcasting Network Inc. has so many compliance issues that the commission says it “could conclude that the licensee has demonstrated that it does not understand its regulatory obligations.”

Comments on these applications and others in the public notice are due by July 31 and can be submitted here. Note that all information provided, including contact information, becomes part of the public record. The commission could choose to invite people to the public hearing if it decides based on public comments that such an invitation is warranted.

CPAM owner agrees to buy CJMS 1040 for $15,000, keep it country

Almost a year after a bizarre CRTC hearing in which the owner of CJMS 1040 AM in St-Constant blamed the station’s failure to meet its regulatory obligations on his father’s dementia and announced before a surprised panel of commissioners that the station had been sold to an unnamed buyer, the details of that transaction have been published by the commission.

The CRTC has called a hearing for Nov. 12 (a technicality; the parties aren’t being asked to appear) to discuss two applications related to CJMS: Its licence renewal, which was in grave danger of not being accepted because of the repeated management failures, and a proposed sale of the station to Jean Ernest Pierre, the owner of CPAM Radio Union (CJWI 1410 AM), the Haitian community station in Montreal.

The identity of the buyer is no surprise. The two stations share an antenna in St-Constant, and after the CRTC hearing, during which CJMS’s lack of news was brought up as an issue, the station began simulcasting morning and afternoon programs from CJWI.

Documents filed with the commission show that Alexandre Azoulay, who owns CJMS, agreed on Oct. 9, 2013 (a month before the hearing) to sell it to Groupe Médias Pam Inc., a company entirely owned by Pierre, who is also the sole owner of CPAM. The purchase price is $15,000, as well as an hour a week of airtime for a year, for Michael Azoulay’s talk program connected with his family’s chiropractic business.

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Status report: How things are changing at Montreal TV and radio stations

Last fall, I wrote for The Gazette that there were a lot of changes going on at local TV and radio stations. This year, 2013, is turning out to be the biggest one for local broadcasting in decades, with new stations, ownership changes and other big plans.

Because of that, a lot of people have been asking me what’s going on with some of them. My usual response is either “I don’t know” or recapping a blog post I published or something I posted on Twitter.

As we hit the halfway mark of the calendar year, I figured now is a good time to give you an update on what’s going on at each of these stations, one by one.

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CRTC Roundup: Videotron must closed-caption porn

We made fun of this a bit when it came out, but there was a serious policy question being asked by Videotron: Should cable companies be required to spend money closed-captioning on-demand pornography and programming aimed at preschool children who can’t read?

The month, the CRTC ruled that, well, yes, they should.

While you might think it common sense that such programs should be excluded from closed-captioning requirements, the CRTC said that children should have access to captioning so they can learn to read, and parents should have access to what their children watch. There wasn’t much discussion about the porn angle, namely that nobody cares what people are saying in pornographic movies.

In any case, the CRTC said Videotron hadn’t made a case that it’s so financially strapped that it can’t afford captioning costs, so the application was denied.

Konrad’s oopsie

The CRTC chairman said sorry for saying that conventional broadcasters like CTV and Global wouldn’t commit to taking carriage fees from cable and satellite providers and putting all that money into local programming. It turns out they were ready to make just such a commitment.

That certainly makes the TV people look better. But what guarantee would we have that they wouldn’t take back their existing funding to local stations now that this new source of revenue is available to them?

Bye Bye was wrong

You hate to still be talking about this, but the judgment is in about Radio-Canada’s Bye-Bye: It really was racist. The CRTC passed on complaints to the Canadian Broadcast Standards Council and asked them to judge the show. The CBSC normally rules only on private broadcasting, but the CRTC asked them for their advice (if anything, this shows that there’s no reason the CBSC shouldn’t also deal with complaints about public broadcasting).

The CBSC’s ruling dismissed most of the complaints (though some only barely), including those about jokes on anglos, the poor, immigrants, dépanneur owners, Indian call centre operators, Julie Couillard, Céline Dion, politicians, and a single complaint saying they were unfair to GM. It also said that the show did not go over the line in its treatment of Nathalie Simard, and didn’t even hint at the abuse she suffered at the hands of Guy Cloutier, father of Bye Bye hotst Véronique Cloutier.

The council did rule that three things crossed the line:

  • Jokes against blacks, particularly the sketch involving Denis Lévesque and Barack Obama as well as comments from Jean-François Mercier about Obama being easier to shoot in front of the White House.
  • The portrayal of violence against women in a sketch involving the family of Patrick Roy.
  • The rebroadcast of the show the next evening without viewer advisories.

The racist jokes, the council said, were gratuitous and abusive. Though Radio-Canada, the show’s producers, its writers and its performers did not intend to foster racism and intended for the comments to be ironic, the council ruled that the context didn’t make this sufficiently clear, and the comments could easily have been taken at face value. It brought up a number of previous cases to support its view that comedic irony isn’t a blank cheque to make racist comments.

It’s hard not to agree with the council’s well-thought-out decision. Bye Bye didn’t intend to be racist, but it did intend to shock. And when you’re spouting racist comments just to shock people, how is that different from just being racist?

This decision is worth reading if only for the words “a rather cartoonish rabbit-like act of intercourse.”

Technically, this is just a recommendation to the CRTC. It is up to the commission to decide if it agrees, and if so what kind of sanction it will impose. Normally, private broadcasters are required to air a notice of the decision to viewers. We’ll see if the CRTC orders Radio-Canada to do the same.

More power for radio

It’s going to be a bit easier to listen to some out-of-town radio stations thanks to some CRTC approvals of power increases:

  • CKOY 104.5 FM in Sherbrooke, the sister station to Montreal’s CKOI, gets a huge power boost to up to 50,000 Watts. Of course, that doesn’t mean it’ll be easy to hear, especially with CBC Radio One’s second 100W transmitter at 104.7 FM in the west end. But if you’re in the Eastern townships and had trouble hearing the station, you should have much less of that now.
  • CJLM 103.5 FM in Joliette gets a modest boost from 3,000 to 4,500 Watts, which will help people on the north side of the island and on the north shore.
  • For those on the south side, they’ll be hearing FM 103.3 in Longueuil, which in the same decision saw its allowed power output grow more than five-fold. It’s still a low-power community radio station, but maybe now it won’t disappear off the dial when I hit the Plateau.

Haitian station wants change of frequency

CJWI, a Haitian AM station currently on 1610 AM, wants to change its frequency to 1410, which is where CFMB used to be. The move would put CJWI in the regular, non-extended AM band, allowing people with older radios to hear it. It also wants to increase its output power from 1kW to 10kW, and relocate its transmitter.

Rogers, small cable companies get nannied

The Canadian Cable Systems Alliance asked the CRTC to intervene in stalled negotiations it was having on behalf of small cable companies across the country with Rogers over its SportsNet service. The CRTC has the power to intervene in these cases, but it prefers not to. However, since regulations require some cable companies to carry SportsNet (and will until new regulations take effect in 2011 that deregulate the cable sports channels), it decided it must step in here. Details are kept in confidence to protect both businesses, so that’s about all we know.

Slice wants less CanCon

Canwest-owned Slice channel has noticed that its Canadian content requirements are much higher than what other specialty channels require, so it wants to get the same deal. It’s asking that its CanCon minimum programming requirement be dropped from 82.5% to 60%, and that it be forced to spend only 45% instead of 71% of revenues on Canadian programming.

City wants less CanCon movies

Citytv has asked the CRTC for a change in license that would eliminate a requirement to air 100 hours of Canadian movies each year – which works out to about a movie a week. Rogers (which owns City now) argues that it is the only conventional broadcaster that has this requirement and it shouldn’t be singled out. Canadian movie-makers say Rogers has pulled a bait and switch, praising Canadian movies when it bought the network and now quietly wanting to get rid of them.

Want Al-Jazeera?

The CRTC is opening up the can of worms about allowing Al-Jazeera English into the country. The commission had previously approved the Arabic-language version of the network, with unique requirements that distributors monitor and censor its content, something that requires far too much work for the cable and satellite companies.

The commission is considering adding the English channel to eligible foreign networks that cable and satellite can add to their lineups, but it wants comments from Canadians who might be opposed to it. They specifically want evidence of abusive comments, with tapes if possible.

More specialty channels

Conventional TV may be dying, but specialty channels are exploding like nobody’s business. The CRTC is holding a hearing on July 21 where it will listen to proposals for new networks:

  • Black Entertainment Television Canada (English and French) – self-explanatory, I would imagine.
  • Reality TV – A Canwest proposal for reality shows, DIY programs and scripted reality shows. This network was originally approved by the CRTC in 2005, but expired before Canwest could launch it, forcing them to start over from scratch.
  • AMET-TV, an African and Afro-Caribbean-themed channel that carries programming in English (70%), French (20%) and African languages (10%)
  • New Tang Dynasty Television Canada HD, a generalist network mainly in Mandarin but also other Chinese languages.

CPAC wants to be patriotic

CPAC, the politics channel that carries House of Commons proceedings among other things, is asking for permission to expand its boundaries on July 1 of each year. It wants to add three programming categories which would allow it to carry musical performance, variety, entertainment and related programming from Canada Day celebrations on Parliament Hill and elsewhere. A reasonable request if I’ve ever heard one, though I don’t think there are similarly specific exceptions to such rules on other channels.

A bold move

The CBC was in the process of getting slapped by the CRTC because it was violating its license with respect to Bold, a specialty channel. Formerly Country Canada, its license says it should air programming directed toward rural Canadians. But since then it’s basically been a dumping ground for whatever content the network wants to put there.

After the CRTC called a hearing, the CBC waved the white flag. It has proposed a license amendment, though one that would keep the rural focus.

Good news, bad news for Olympics

Following a request from the CRTC chairman, CTV and the CBC have been in talks about using CBC stations to broadcast French-language Olympics coverage for the tiny, tiny portion of Canadians who:

  • are unilingual francophones
  • don’t live in Quebec or within range of a TQS station
  • don’t have cable or satellite TV service
  • don’t have broadband Internet access
  • AND want to watch the Olympics in French on TV

You’d think this number would be so small as to be negligible (about 10,000 apparently fit the first three criteria), but in the spirit of political correctness, CTV (which owns the broadcast rights and is part of a giant consortium that’s covering the games) is looking at using some CBC stations to retransmit its TQS/RDS Olympics coverage over the air.

The problem is that the CBC isn’t crazy about donating the stations and getting nothing in return. Specifically, the debate is over ad revenue: CTV wants to keep it all (minus some compensation for what they would have had with their regular programming), and CBC thinks that’s crazy.

On the plus side, Corus has joined the giant consortium, which currently includes CTV (with TSN and RDS), TQS, Rogers and APTN. Corus will have Olympics coverage (though it doesn’t sound like much) on CKAC Sports as well as updates on CKOI, Info 690 and 98.5FM in Montreal.

In other news

And finally, not that anyone doubted it would happen, but the CRTC has allowed CBC Television and Télévision Radio-Canada to continue to operate for another year.