Tag Archives: CJMS

CJMS 1040 goes off the air after court rejects appeal of CRTC decision

CJMS 1040 AM has gone off the air again, and this time it could be for good.

On Dec. 22, a three-judge panel of the Federal Court of Appeal dismissed an application by CJMS owner Groupe Média PAM Inc. for leave to appeal a decision by the Canadian Radio-television and Telecommunications Commission that refused to renew the station’s licence.

Judges Marc Nadon, Richard Boivin and Marianne Rivoalen rejected the request by CJMS to overturn the decision and keep the station on the air.

On Sept. 14, two weeks after the licence expired (and after a first attempt was rejected as not following proper procedure), Judge Denis Pelletier granted a temporary injunction allowing the station to keep operating while the application to appeal was heard. With the decision rendered, that injunction becomes moot and CJMS was forced to shut down.

CJMS’s argument was that the CRTC treated it unfairly, and should not have given any weight to licence violations committed by the station’s previous owner (Jean Ernest Pierre, who also owns Haitian station CJWI 1410 AM, bought CJMS in 2014 after the last time the CRTC threatened to pull its licence).

The decision is unsurprising. In two previous cases cited by CJMS in its application, the court also sided with the CRTC and ordered the stations off the air.

Meanwhile, the CJMS brand continues as an online-only station run by former host Jocelyn Benoit. On the same day the court rendered its decision, Benoit announced the appointment of a vice-president, Chantal Normandin.

CJMS 1040 goes off the air … and then back on the air

Having been denied their licence renewal by the CRTC, CJMS 1040 AM in St-Constant spent the last six hours of its licence term on Monday reminiscing about its past and talking to country music artists and others about what the station has done but also about its plan to become an online-only streaming station.

At 12:00:38, the host was cut off mid-sentence saying goodbye, and there was just dead air.

But by Tuesday morning, there was audio again at 1040 AM, as if nothing had happened.

Owner Jean Ernest Pierre told me in a brief email he received authorization late Monday to continue operating. He didn’t expand on that.

As I explain in this story for Cartt.ca, CJMS’s filings with the Federal Court of Appeal were deficient, so had not yet been accepted as of Thursday. The CRTC said it was aware of the appeal (and lack of decision). “The Commission is monitoring the situation and will take additional steps if necessary,” a spokesperson said.

According to the filings provided by the court, Groupe Médias Pam (which is CJMS’s official licensee) is arguing that the CRTC unfairly took into account licence violations committed by the station’s previous owner and failed to show “procedural fairness” that would have called for progressive discipline before refusing to renew a licence.

The station raised the same argument at the hearing, but the CRTC countered in its decision that “when the licensee acquired the station in 2014, the licensee was informed of CJMS’s previous non-compliance.”

Indeed, in that 2014 decision allowing Pierre to buy CJMS from previous owner Alexandre Azoulay for $15,000, the CRTC said this:

The Commission emphasizes the importance it places on a licensee’s fulfillment of its regulatory obligations. It is the licensee’s responsibility to ensure that it is aware of and respects its regulatory obligations at all times. In this case, Groupe Médias must comply with the terms and conditions of licence set out in Appendix 1 to this decision, with the CJMS code of ethics set out in Appendix 2 and with the orders set out in Appendix 3 and Appendix 4. The Commission reminds Groupe Médias that in addition to complying with the appendices to this decision, it must comply with the Regulations at all times.

The commission does not explicitly state that violations by previous owners are taken into account when evaluating whether a station should lose its licence, but Pierre had to be aware the station was on thin ice, with short-term licence renewals issued in 2014 and again in 2018.

In arguing for a stay of the CRTC’s decision, CJMS notes the precedent of cases involving Toronto’s CKLN-FM 88.1 and the Aboriginal Voices Radio Network. One of the filings even accidentally refers to CKLN where it should refer to CJMS.

In both those cases, the court did halt enforcement of the CRTC’s decision, but in both those cases it eventually sided with the CRTC and those stations were forced off the air.

You can read the CJMS appeal documents here.

UPDATE (Sept. 11): The station went off the air again on Thursday. A Facebook post says it’s a temporary shutdown for maintenance, but that’s some suspicious timing.

UPDATE (Nov. 25): On Sept. 14, the Federal Court of Appeal issued an order maintaining CJMS’s licence and suspending the CRTC’s non-renewal decision until the court decides whether to proceed with the appeal. Judge J.D. Denis Pelletier wrote:

Le dossier de requête visant un sursis intérimaire est acceptée pour dépôt — La demande de sursis intérimaire de la décision CRTC 2020-239 est accordée — La licence de radiodiffusion de l’entreprise de programmation de radio commerciale de langue française CJMS Saint-Constant (Québec) est réputée demeurer en vigueur depuis son expiration, jusqu’à ce que soit décidée la requête visant la permission de pourvoir en appel la décision du du conseil … – Le tout sans frais.

CRTC orders CJMS 1040 AM to shut down Aug. 31

After more than a decade of the station failing to meet its licence obligations, the CRTC decided Friday it has had enough, and refused to renew the licence of St-Constant country music station CJMS 1040 AM. As a result, it will no longer legally be allowed on the air after Aug. 31.

The decision reads:

In light of the severity and recurrence of the current instances of non-compliance; of the station’s history of non-compliance and the licensee’s actions, which demonstrate a poor understanding of its conditions of licence and regulatory obligations, or a lack of willingness to respect them; of its inability to implement the necessary measures to ensure compliance; and of its disregard for the Commission’s authority and for its responsibilities as a broadcaster, the Commission is convinced that the imposition of conditions of licence or of mandatory orders, a suspension, or a short-term licence renewal would not be effective measures. Consequently, the Commission finds that not renewing the licence is the only appropriate measure in the circumstances.

In a separate decision also released Friday, the commission also refused to renew the licence of troublesome station CFOR-FM Maniwaki.

CJMS, which launched in 1999, has a long history of licence compliance issues, and might have had the licence revoked in 2013 had its owner of the time, Alexandre Azoulay, not agreed to sell it to Jean Ernest Pierre, owner of Haitian station CJWI (CPAM 1410). When CJMS was last asked to appear before the commission, Azoulay surprised the commissioners by blaming his father’s dementia for the compliance issues.

There’s also the fact that Michel Mathieu, a broadcast consultant who was the original licensee of CJMS, filed a strongly-worded intervention demanding the CRTC pull the license.

The decision should worry Pierre about the future of CJWI, which like CJMS has a long list of compliance issues and was the subject of mandatory orders that appeared to be insufficient to keep it in line. But CJWI has more original programming and is more vital to its community than CJMS, and the fact that the CRTC didn’t issue a decision Friday, giving the stations exactly one month before they were to shut down, suggests it might be given one last chance.

CJMS could appeal the decision, by asking the federal government to intervene or by asking the federal court to overturn the decision if it can find some error in law. Pierre told the Journal de Montréal he’s looking at options. But neither are likely to succeed. Instead, if someone wants to start a new commercial radio station serving St-Constant, there’s a transmitter that can probably be bought for pretty cheap.

Other country options

So if you’re a fan of country music in Montreal, where can you go for your fix? There aren’t any big commercial country stations here like in other Canadian markets, but you have options besides going online:

UPDATE (Aug. 29): It looks like for the time being the plan is to keep CJMS running as an online-only radio station once its licence expires. Program director Jocelyn Benoit posted on Facebook that it would continue streaming as of Sept. 1, and he renamed the station’s Facebook group and page from “CJMS 1040” to “CJMS 2.0”.

UPDATE (Sept. 1): CJMS went off the air at 38 seconds after midnight on Sept. 1. I recorded its final minute on air, which ended with announcer Jocelyn Benoit being cut off mid-sentence.

A new website is being worked on at cjms.ca.

CJMS 1040 AM, CJWI 1410 AM fight for their lives in CRTC hearing

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


  • 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.


  • 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.


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.

CPAM, CJMS given one more (last?) lifeline with two-year CRTC licence renewal

Montreal’s Haitian radio station, and the AM country station it bought after its previous owner had extensive licence compliance issues, are trying the patience of the CRTC. But the commission is giving each of them another chance to get their administration in order.

On Friday, the commission renewed each of their licences for two years, with requirements that they broadcast messages on air acknowledging their non-compliance, and with three mandatory court orders each requiring them to be in compliance with their licence conditions.

“The Commission is concerned with the licensee’s ability and commitment to operate the station in a compliant manner,” it wrote in each of the decisions.

CJWI 1410 (CPAM Radio Union) was found in non-compliance with licence conditions related to:

  • Timely filing of annual financial reports
  • Timely response to CRTC requests for audio recordings and information
  • Keeping and producing proper records of music played on air (one request for information was never answered)
  • Timely filing of proof of financial contributions to Canadian content development
  • On-air announcements about previous non-compliance (the broadcasts did not use the exact wording laid out by the CRTC)

This is the third consecutive licence term in which CJWI has been in non-compliance. In other words, the station has never fully complied with its licence conditions since it launched in 2002. In 2008, the commission found the 2007 annual return was filed late and gave a four-year licence renewal. In 2015, the commission found once again annual returns were filed late (four years’ worth were filed simultaneously, and the fifth three months later), as well as proof of Canadian content contributions. It imposed a $2,500 de facto fine and broadcast of shame messages noting their non-compliance.

The excuses given by CPAM for the failure to comply are also getting repetitive, usually blaming some nameless employee or accountant for not knowing the rules. (Though the excuse that records were destroyed in a firebombing is a pretty good one.) Its promise that someone will take charge of ensuring paperwork is filed rings hollow in light of its repeated failures.

CJMS 1040 was found in non-compliance with conditions of licence related to:

  • Timely filing of annual reports (one year’s was never filed)
  • Responses to requests for information (a request was never answered despite several reminders)
  • Production of audio recordings on demand (a request was not fulfilled)

The latter to contradict mandatory orders issued by the CRTC in 2014. Failure to comply with such an order could result in a contempt of court proceeding. But here the commission seems content to simply issue new mandatory orders that may or may not be followed.

This is the fifth consecutive licence term that CJMS has been found in non-compliance, but the first under this owner. Like CJWI, CJMS has never fully complied with its licence. CJMS’s licence had already seen short-term renewals since its launch in 1999:

Both licence renewal decisions make clear that the commission is losing patience, and that a further failure to meet licence conditions could result in the stations losing their licences entirely.

In the meantime, mandatory orders have been issued requiring each station provide:

  • Program logs and audio recordings on request of the CRTC
  • Reponses to requests for information from the CRTC
  • Full annual returns by the deadline

I’m pessimistic that either station will be fully in compliance two years from now. But hopefully they’ll be close enough that the commission decides to give them yet another chance.

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.

CRTC approves purchase of CJMS 1040 AM


CJMS 1040 AM St-Constant, Montreal’s French-language country music station, has been given the go-ahead for a new life.

On Thursday, the Canadian Radio-television and Telecommunications Commission approved a change in ownership of the station, from 3553230 Canada inc., a company owned by Alexandre Azoulay, to Groupe Médias Pam inc., owned by Jean Ernest Pierre. The latter also owns Montreal Haitian station CJWI 1410 AM, CPAM Radio Union.

The sals is for $15,000 plus an hour’s worth of advertising airtime a week for a year (52 hours total). Because it’s a purchase of a station that was losing money, and will require investments to bring it into compliance with its obligations, the CRTC did not impose additional tangible benefits on the transaction.

Much of what the station will look like under the new owners has already become evident. It launched new branding and a new website, and is simulcasting a news show from CJWI during rush hours (6-9am and 4-6pm weekdays). The new owners promise that the rest of the schedule will be unique to CJMS, that it will not air ethnic programming, and that it will continue to serve the community of St-Constant.

The new owner also told the commission that the plan is to modernize the music at CJMS and bring in more contemporary country.

The sale follows a bizarre hearing last year in which Azoulay blamed serious and repeated failures to comply with CRTC licence obligations on his father’s dementia, a statement that left commissioners dumbfounded.

The commission responded by imposing mandatory orders on CJMS requiring it to come into compliance with its licence, with the threat of contempt-of-court charges if they don’t. Those orders have been maintained under the new owner.

The change in ownership comes with a new licence and de facto renewal until Aug. 31, 2017. The three-year licence term reflects the fact that CJMS has repeatedly failed to meet its regulatory obligations.

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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CJMS blames non-compliance on father’s dementia, says station has been sold

When the CRTC called the licensee of St-Constant country station CJMS 1040 to appear at a hearing, it was clear that the station was in trouble. For months the commission had been trying to get program logs and recordings, and every attempt was unsuccessful. Finally, frustrated, the CRTC threatened to revoke the station’s licence if it didn’t travel to Gatineau and explain itself.

So we knew this was going to be serious, and the explanations given for non-compliance with its licence were going to have to be big. But still, the commissioners were taken aback by two bombshells that owner Alexandre Azoulay presented to them on Wednesday.

First, Azoulay blamed non-compliance on his father, who was diagnosed with dementia this summer. He said responses and filings with the CRTC were given to him, and then “disappeared,” with the station’s staff assuming that they had been mailed to the commission. Compliance issues began a year ago, but it was only a few months ago, after the dementia was diagnosed, that the younger Azoulay realized what was going on and took active control over the station’s operation.

Second, Azoulay announced that he has come to an agreement to sell the station. He wouldn’t say who has agreed to buy it, but did say that the other party is the licensee of one other station in the area (he used the singular, implying it owns only one station) and that synergies between the two would make it easier for the station to be viable financially. He said the new owner would be able to ensure the station continues, though he did not say (and was not asked) whether it would be in its current country music format.

The hearing was tense, as you can tell from the audio below, taken from the CRTC livestream. Azoulay did not come with a written statement, and presented a slow-paced, monotonous statement about the status of the station.

On the commission’s side, the mood was equally tense, with commissioners stressing how serious these issues of non-compliance are.

“I want to stress upon you the difficult position you’ve placed the commission in,” Commissioner Raj Shoan told Azoulay, saying that the sale of a station that has been in non-compliance with its licence obligations “calls into question the integrity of our licensing process.”

Normally, the CRTC doesn’t accept requests to transfer or amend licences that are in non-compliance. Or it would like to, at least. But if a station’s owner no longer wants to have a licence, they can’t force them to keep one. The decision then becomes whether to accept the transfer or to force the outgoing owner to turn in the licence and the incoming one to apply for a new one.

CJMS 1040 is a medium-powered radio station, licensed to operate at 10,000 watts daytime and 5,000 watts nighttime (Azoulay said during the hearing that upgrades necessary to improve to that power, approved in 2002, had started in the past two years but not yet been completed). Even as an AM station, that frequency would probably be in demand should the licence be revoked or surrendered.

Azoulay said he would supply documentation confirming the sale within 24 hours. It’s unclear whether the agreement would be on the public record. He also said an application for transfer of ownership would be filed by the end of the month. At the CRTC’s request, Azoulay also committed to filing, confidentially, documentation proving his father’s medical diagnosis.

As Shoan said, the CRTC is in a difficult position here. This hearing is about CJMS’s compliance issues, and a sale of the station would have to be dealt with in its own process. The commissioners also didn’t seem absolutely convinced that this licence non-compliance was an isolated incident. The station’s three previous licence renewals were all for short terms because of issues of compliance. CRTC chairman Jean-Pierre Blais expressed frustration that this is recurring every time.

Azoulay assured the commission that the sale of the station would not benefit him financially, presumably because the sale price would be less than the amount of money he invested in the station during his ownership. He was also very apologetic for the compliance issues, and assured them that he has taken direct control of the station and would remain in charge personally until the sale is approved.

The commissioners also asked Azoulay about the station’s programming, and its recent transmission outages. Azoulay said the station has two full-time staff, both on-air hosts, and that it broadcasts 18 hours a day of live programming during weekdays, though after 6pm that programming is done remotely. And he assured them that the station is broadcasting regular newscasts during the mornings and middays on weekdays.

CRTC decisions usually come within a month or two of a hearing, so expect one by Christmas on whether CJMS can keep its licence.


CJMS 1040 off air: Is this the end?

During the summer, when CJMS’s website went down and it experienced transmission problems, I was informed by its owner Alexandre Azoulay that it we should not be worried about its future and it would continue as normal.

Then last month the station was ordered by the CRTC to appear at a public hearing to respond to a series of serious licence compliance issues. And the station has been off the air for almost two weeks now. And nobody knows when it’s coming back.

(CJMS 1040 AM, no relation to the former AM station of the same call letters, is a 10kW/5kW country music and talk station based in St-Constant. It launched in 1999.)

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CRTC threatens to pull licence of CJMS 1040

CJMS 1040, the country music AM station in Saint-Constant, is in trouble.

After repeated attempts to acquire logs and tapes from the station to evaluate it ahead of its licence renewal next year, the Canadian Radio-television and Telecommunications Commission has ordered it to appear at a hearing in Gatineau on Nov. 5 to explain itself, and has threatened to impose sanctions, up to and including non-renewal or revocation of its licence.

A radio station broadcasting licence involves several requirements, among them that the station has to provide, on request, logger tapes (i.e. recordings of what was aired) and program logs (written lists of what was aired, including all musical selections) for a given date.

In a letter sent July 4, the CRTC says it has been trying since December to get the logs and tapes for a week in November. The CRTC planned to evaluate that week as a sample as it reviews the station’s licence, which expires on Aug. 31, 2014. It followed up its initial letter with a phone call two days later, then another phone call in January, then another in February and then an email in June. Even after the July 4 letter, CJMS has not handed over the tapes and logs.

This is a very serious problem. The logs and tapes are the only way the CRTC can evaluate what goes on the air. It can’t tell whether the station is meeting its Canadian content requirements, or its requirements for local programming, unless it can tell what was actually broadcast.

The CRTC judged the station in non-compliance with its licence, and has now requested the logs and tapes of the last week of May instead.

This isn’t the first time CJMS has been in trouble with the CRTC. In fact, the commission says this is the fourth consecutive licence term that CJMS has failed to comply with all aspects of its licence:

Non-compliance with a licence is bad enough, but repeated non-compliance, particularly over the same matters, causes the CRTC to take much more drastic action. It’s calling CJMS to the hearing to give any reasons why it shouldn’t issue a mandatory court order forcing it to comply with its licence.

But it could go even farther, it says: “Given the licensee’s history of non-compliance, the Commission may also consider recourse to the suspension or revocation of the licence, pursuant to sections 9 and 24 of the Broadcasting Act.”

The CRTC has gone this far before. The most famous case was in 2011, when it revoked the licence of CKLN-FM, the Toronto-based radio station at Ryerson University, whose administration and programming went right off the rails during a long management dispute. The frequency vacancy led to 22 applications to fill it, a race that was won by what is now Indie 88.

Four straight non-compliant licence terms is very bad, and revocation is definitely a possibility here. The key will be if the logs and tapes are submitted and what they show. If the station is otherwise compliant, and demonstrates serious measures to ensure compliance in the future, it might get away with a mandatory order or just another short-term renewal.

But everything in this station’s history (including problems I wrote about this summer) points to a radio station that is at best disorganized and at worst incapable of managing the basic regulatory requirements asked of all licensed broadcasters.

The CRTC is accepting comment about CJMS’s licence issues, but requests that those comments relate only to the specific non-compliance that is being investigated here. Comments can be filed through the online form here until Sept. 27. Choose option 1 then check the box next to “2013-1228-0: 3553230 Canada Inc.”

Problems at CJMS 1040 don’t mean it’s the end

This is what you get at CJMS1040.com right now

This is what you got at CJMS1040.com during the day on Tuesday

It’s a given that some radio stations are more professional than others. Some have big pockets, expensive ads and lots of people doing marketing. Others are just trying to get by.

On Tuesday morning, rumours started circulating on the Radio in Montreal forum that CJMS 1040 AM in Saint-Constant (no relation to the former CJMS on 1280) would be pulling the plug. The station, which bills itself as Montreal’s only country music station (though that’s arguable, there’s another one in Kahnawake), has seemed to be doing its best to confirm that it’s going off the rails. Its programming has been cutting in and out, sometimes mid-song, leaving minutes of dead air. There’s no apparent live announcer.

Oh, and the website has been suspended. UPDATE: It’s back.

But according to station owner Alexandre Azoulay, who I reached by phone, there’s no plan to shut down the station and as far as he knows everything is proceeding normally, with the exception of some technical problems caused by a transformer that was blown during Friday’s storm.

He couldn’t say why the station’s programming seemed to be having problems.

One reason could be summer vacations. Pascal Poudrier, who provides a bulk of the station’s weekday programming, went on vacation last Friday, according to his Facebook page. Summer vacations were also cited as a reason for the lack of news in the hearing that led to the station’s last CRTC licence renewal.

In that renewal, issued in 2010 and expiring Aug. 31, 2014, the CRTC addressed numerous issues with the station’s licence compliance. There were required contributions to Canadian talent development, which were issued late due to what the licensee said was a lack of liquidity. There was the lack of newscasts after 5pm Monday to Thursday and all day Friday to Sunday, during a review of the station’s programming for the second-last week of July, 2010 (what a coincidence, we’re in the same week now). And there was an issue relating to the proper submission of lists of songs broadcast.

That said, the CRTC noted that CJMS had taken significant steps toward improving its licence compliance, and even though it was just coming off a two-year renewal and could have been facing a legal mandatory order or even the suspension or revocation of its licence, the CRTC gave it some breathing room with a four-year term.

Listening for about the past hour (a livestream is still available, and it’s still broadcasting on 1040 AM), the programming issues seem to have gotten less jarring. So it looks like this was a false alarm.

But whether this small station can survive in the long term is another question. We’ll have a clearer idea next year when it applies for its next licence renewal.