In an unprecedented decision -- and despite the pleadings of proposed savior David Asper not to invoke "the death penalty" at a June hearing --Harmony Broadcasting's 4 1/2 year long misadventure in campus radio was put to an end by the federal regulator today.
"Given the long and wilful history of non-compliance by this licensee, its misunderstanding of the Campus Radio Policy and the nature of its licence and the fact that the station has been off the air for a considerable time, the Commission is of the view that revocation is the only appropriate measure in this case." wrote the CRTC in Broadcasting Decision CRTC 2008-146.
Despite giving the dubious operation a reprieve with conditions (6 mandatory orders) after a September 2006 hearing, the CRTC ruled Harmony had afterwards breached:
"Regulations with respect to the submission of logger tapes on two occasions... non-compliance with Mandatory Order 2 and section 9(2) of the Regulations in that it did not file annual returns by the required date." (and found a) "failure to submit self assessment reports and music lists in response to a request by the Commission also represents non-compliance with Mandatory Order 2 and section 9(3) of the Regulations... By its non-compliance, the Commission considers that Harmony has failed in carrying out its obligations to listeners in Winnipeg."
And that wasn't all that bothered the Commissioners.
The Asper business plan itself, which was to include the ongoing and lucrative employment of the person responsible for the regulatory mess, did not find favour with the panel.
"The Commission further notes that, according to plans set out at the public hearing, Mr. (Franc) Capozzolo, who was the sole member of Harmony when the non-compliance occurred, would continue to play a prominent role in CJWV-FM as morning announcer. He also designed the course curriculum to be used under a new agreement with Robertson College...Mr. Capozzolo stated that it was "designed to appease or satiate the requirements of a campus radio licence." "
"Mr. Capozzolo’s statement, plus those made at the hearing regarding Harmony’s plans for operating the station in the future as well as the business plan filed after the hearing, suggest efforts to adapt a station with a commercial orientation to the regulatory framework for a campus/instructional station."
The CRTC noted that the station admitted having no students in 2006-2007, and had admitted in the '06 hearing that no students had ever been enrolled in a legally recognized course. Yet the development of new talent for the radio industry was the raison d'etre of the decision to renew the licence, after Harmony bought the licence in 2003.
Instead a commercial hip-hop format was instigated and many thousands of dollars in advertising was sold on that basis with nary a student broadcaster in sight. (Not to mention the ongoing dispute with a group from the visible minority community, who poured a hugh amount of money into harmony in 2004 on the premise they had a signed deal to be brought onto the Board and run the station).
Meanwhile a parade of employees had to appear before the federal Labour division to complain and get a legal Order for their owed wages to be finally paid, months and years later.
It remains to be seen what further investigations or sanctions may arise from the operation of a non-profit licence as what was by all evidence, a sole proprietorship by the "sole member".
