Jean Ernest Pierre is appearing in front of the CRTC on Wednesday hoping to save the two radio stations he owns.
Country music station CJMS 1040 AM and Haitian station CPAM Radio Union (CJWI 1410 AM) are two of the five stations that were told to appear at a CRTC hearing in Gatineau to justify their licence renewal applications, and explain why those renewals should not be for short terms or straight up denied because of their repeated non-compliance with their licence obligations. (The hearing, originally scheduled in person on May 12, will now be by teleconference June 16-18.)
Both CJMS and CJWI not only have short-term licences already, but both are subject to mandatory orders to require they remain in compliance with their obligations. Both stations have nevertheless had compliance issues, the commission says.
CJWI and CJMS had their licences renewed for two years in 2018 and three mandatory orders issued to each station after failure to comply with mainly paperwork-related issues.
For CJMS, which hasn’t had a compliant licence term since it was first licensed in 1998, “the Commission remains concerned that CJMS continues to be in severe and recurring non-compliance and that this is the fifth consecutive licence term in which the station has been found in non-compliance with regulatory requirements,” it said two years ago. Now, in its sixth licence term, it is still not compliant.
Compliance issues
CJMS
- Missing financial statements for the 2018-19 broadcast year. Pierre blamed this on the accountant uploading a file that may have been too large for the CRTC’s server.
- Inaccurate music lists, comparing the station’s auto-evaluation report with its music list for the period of Nov. 4-10, 2018. Pierre said some songs were miscategorized.
CJWI
- Missing financial statements for the 2018-19 broadcast year. Pierre blamed this on the accountant uploading a file that may have been too large for the CRTC’s server.
- Music quotas (based on a self-evaluation and music list for the period of July 7-13, 2019):
- Too much popular music (31.32% vs. 30% maximum)
- Too much francophone popular music (25.6% vs. 15% maximum)
- Not enough world beat and international music (68.68% vs. 70% minimum)
- Not enough of its world beat and international music selections were Canadian (15.8% vs. 35% minimum)
- Inaccurate music lists (based on the same self-evaluation and music list). Pierre said music-related non-conformities were because some songs played in the system but were muted by the host and so never actually broadcast.
In addition to these, both stations are accused of failing to abide by mandatory orders requiring them to remain in compliance with their licence conditions.
Interventions
The applications prompted four interventions, all of which were sent by fax and seemed to share a similar format. Broadcast consultant Michel Mathieu, who co-founded CJMS, and three others said the commission should not renew the licences because of the compliance issues, and brought up additional ones, including that CJMS had been filled with “ethnic” programming from the Haitian station and that CJMS had been continuing to broadcast repeat programming hosted by Pascal Poudrier, who died two years ago.
Pierre called criticisms of Haitian-Canadians on CJMS “racist” and said conformity issues were due to “technical problems” and non-renewal of licences would be an extreme reaction to this.
The CRTC hearing into licence renewals of non-compliant stations begins June 16 with CICR-FM Parrsboro, N.S., and CKMN-FM Rimouski/Mont-Joli, Quebec, followed by CJWI and CJMS on June 17 and CFOR-FM Maniwaki on June 18. Mathieu has been invited to speak as an intervener on the 17th, following which Pierre will be given a chance to respond.