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Decision
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Ottawa, 29 July 1985
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Decision CRTC 85-597
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Diffusion Laurentides Inc.
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Saint-Adèle and Val-Morin, Quebec - 843220500 - 840710800
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Following a Public Hearing in Quebec City on 18 June 1985, the Commission renews the broadcasting licences for CIME-FM Saint-Adèle and its rebroadcaster CIME-MF-1 Val-Morin from 1 October 1985 to 30 September 1986, subject to the conditions of licence specified in the licences to be issued.
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The Department of Communications (DOC) has advised the Commission that it is prepared to renew the technical construction and operating certificate for a period of only one year, until 30 September 1986, due to various technical concerns, including the licensee's use of CIME-MF-1 as an originating station and of CIME-FM as its rebroadcaster, the unauthorized technical parameters employed in the operation of CIME-MF-1, and the unauthorized operation of a subsidiary communications multiplex facility. The Commission expects the licensee to rectify these problems during the next licence term.
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In addition, as a result of Decision CRTC 85-492 which authorized Radio Lachute (1980) Inc. to use frequency 104.9 MHz, the licensee can no longer use the 104.9 MHz unprotected frequency currently used for CIME-MF-1 and will have to submit an application to the Commission and the DOC to change frequency.
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The Commission notes that, during a self-evaluation of its programming in May 1985, the licensee had failed to meet the 13% Foreground programming commitment contained in its Promise of Performance by broadcasting a level of only 5.6%. The Commission expects the licensee to adhere to its 13% Foreground programming commitment and it will carefully examine the licensee's compliance to this commitment when it considers the next renewal of these licences, and may call the licensee to a public hearing to review this issue.
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The Commission approves the licensee's request to reduce the level of Spoken Word Programming from 24 hours 30 minutes to 13 hours 40 minutes.
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The Commission notes that the Promise of Performance indicates a minimum commitment of Enrichment material. In this regard, as reiterated in Public Notice CRTC 1984-151 entitled The Review of Radio - Simplification of the FM Policy, the provision of high quality Foreground and Mosaic Programming is an integral part of the FM policy and the Commission will wish to be satisfied that the required levels of Foreground and Mosaic Programming set out in each licensee's Promise of Performance are maintained at all times.
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The stations will be operated in the "Group I" music format, defined in Public Notice CRTC 1984-151 on the Review of Radio, which encompasses their current MOR formats.
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The Commission notes that the licensee broadcasts two music programs using subliminal sound impressions designed to foster relaxation and a feeling of well-being. In this regard, the Commission reminds the licensee that neither the Broadcasting Act nor the radio broadcasting regulations currently prohibit or authorize the broadcasting of subliminal messages. The only CRTC regulation on the broadcasting of subliminal messages relates exclusively to commercial messages and currently applies only to television.
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In keeping with the Commission's policy, the licensee is required, as a condition of licence, to provide 30 minutes per week of commercial-free community access time, and promote, on air, the availability of such time.
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The Commission approves the application for authority to transfer effective control of Diffusion Laurentides Inc., through the transfer of 325 common shares from Colette Chabot to Gilles Lajoie; the issuance of 157 common shares from the share capital of the licensee company to Gilles Lajoie; and the subsequent transfer of all the issued and registered common shares of Colette Chabot and Gilles Lajoie to their wholly-owned companies, 114993 Canada Inc, and 114388 Canada Inc., respectively. The Commission is satisfied that this transfer of control is in the public interest.
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The ownership structure of Diffusion Laurentides Inc. will now consist of 114338 Canada Inc. who will own 651 common shares (56.2%), 114993 Canada Inc. 221 common shares (19.1%), Jean-Pierre Hogue 284 common shares (24.5%) and Guy Dagenais 1 common share (.1%).
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Fernand Bélisle Secretary General
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