First CRTC virtual hearing, in the time of Covid-19
By Denis Carmel
GATINEAU – On May 28th, the CRTC announced it would hold a virtual hearing to hear from five radio stations which appear to be in serious non-compliance with their terms of licence.
The stations in question are: CICR-FM Parrsboro, CKMN-FM Rimouski/Mont-Joli, CJWI Montréal, CJMS Saint-Constant and CFOR-FM Maniwaki.
The hearing was supposed to be held on May 12 but was put off to June 16, on May 28th. It will last three days, all online. A live audio feed of the hearing will be available on the CRTC website.
Given the quantity, seriousness and the recurrence of the instances of non-compliance, the Commission requires the applicants to demonstrate why it should not issue only a short term renewal, a mandatory order or to suspend or revoke their licences.
On Wednesday, the second day of the hearing, the CRTC will hear the representatives of the stations CJWI Montréal and CJMS Saint-Constant, owned by the same entity and serve the significant Haitian Community of Montreal. The stations have in the past been found to have failed to file annual returns, maintain program logs, identify Canadian content development contributions and other infractions.
“Should the Commission once again find the licensee in non-compliance, this would be the fourth consecutive licence term in which it will have been found in non-compliance with regulatory requirements. Consequently, and in light of the Commission’s warning in Broadcasting Decision 2018-168 regarding the imposition of more stringent penalties in the next renewal, the Commission may consider the possibility of suspending, not renewing or revoking the broadcasting licence for CJWI pursuant to sections 9 and 24 of the Act,” the CRTC Notice of Consultation reads.
The notice adds, in the case of CJMS, “The Commission also considered the recurring nature of the non-compliance, as well as the non-compliance with the mandatory orders, to be clearly indicative of the licensee’s unwillingness to comply with regulatory requirements, and expressed concern regarding the licensee’s ability to continue to operate the station.”
Despite what some might say are mild mistakes and that a station closure seems a disproportionate response, the CRTC lacks, by statute, other required compliance tools to enforce its regulations (such as a fine), which means it must resort to threatening to revoke licences and cause the stations to close where financial penalties might provide the flexibility it needs.
It’s worth noting the Broadcasting and Telecommunications Legislative Review Panel has included in its recommendations such a tool.
When asked why the Commission was holding the hearing in a time of great sensibility in matters of race and discrimination, the Commission spokesperson wrote: “Compliance is important to ensure that a high standard of service is maintained for the communities they serve, as required by the Broadcasting Act. The CRTC takes compliance seriously and, in the last year, has called Super Channel and radio stations in British Columbia to public hearings to examine compliance issues. Holding a broadcasting licence is a privilege that comes with responsibilities and obligations, and the vast majority of the more than 1,000 radio stations in Canada are in compliance.”
