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Decision
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Ottawa, 10 July 1990
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Decision CRTC 90-644
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Pierre-Louis Smith, on behalf of a company to be incorporated
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Montréal, Quebec - 892986100
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Following a Public Hearing in Montreal beginning on 13 March 1990, the Commission approves the application for a licence to carry on a French-language FM radio broadcasting transmitting undertaking in Montréal on the frequency 89.3 MHz, channel 207B, with an effective radiated power of 10,000 watts.
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In accordance with the applicant's proposal, the Commission will issue a special institutional FM radio licence for the station, which will operate in the Group II musical format (Pop and Rock - Harder). The licence will expire on 31 August 1994, and will be subject to the conditions specified in this decision and in the licence to be issued.
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This authority will only be effective and the licence will only be issued at such time as the Commission receives documentation establishing that the company has been incorporated in accordance with the application in all material respects.
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The Commission notes that this new FM station will be an over-the-air extension of the university's closed circuit broadcasting service (CISM), which the students of Université de Montréal have been operating since 1985. The company to be incorporated will be a non-profit corporation with a board of directors elected by the representatives of each of the student associations on the university campus. Capital funding will be provided by an interest-free loan from Université de Montréal to Fédération des associations étudiantes du campus de l'Université de Montréal (FAECUM), which will lease the facilities to the applicant. The costs of leasing the facilities and operating the station will be met principally through an assessment against each student enrolled at the university.
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The Commission defined student radio for the first time in Decision CRTC 75-247 dated 27 June 1975, setting out as its main objectives the following:
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... to communicate the concerns, interests and activities of the campus as well as of the academic environment to the public, and to offer to the general public innovative and alternative programming fare which makes use of the many resources available at the academic institution. Student radio may also provide basic training for students interested in broadcasting careers.
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The Commission also made the following statement in that decision:
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Where there are both English-speaking and French-speaking post-secondary educational institutions and a sufficient number of frequencies is available in a locality, the Commission may issue two licences, one in each language, in that locality.
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The Commission notes that in 1987 (Decision CRTC 87-189) it authorized the operation in Montréal of the English-language station CKUT-FM, which is operated by the students of McGill University.
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At the hearing, the applicant said it wishes to offer a new French-language radio service that is different from, and complementary to, existing radio services in Montréal, to respond to the specific needs of its student audience, while allowing the general public to benefit from the many resources available in the university community. The Commission considers that this applicant has demonstrated a thorough understanding of the importance of enrichment in the production of quality foreground and mosaic programs. The applicant has proposed a level of 22.1% enrichment and 25% foreground programming. The Commission also notes the proposal to broadcast 16 hours of public affairs programming weekly, 9 hours of which is to be produced by the station itself with 7 hours to be received from other sources, including École des Hautes Études Commerciales, École Polytechnique, Université du Québec à Montréal (UQAM), and the various CEGEPs in the area.
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With regard to music, the applicant intends to offer a wide variety of programs featuring different types and styles of music, although rock music will clearly predominate. In order to distinguish the station from other radio stations in Montréal, the applicant proposed a balanced mix of current, recent and past selections, a level of 25% to 30% for music of unestablished popularity, and a low level of hits (10%). The Commission also notes the applicant's commitment to broadcast at least 65% French-language popular music.
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The applicant further committed to promote Canadian talent through various initiatives. It intends at the outset to allocate $2,000 annually in direct expenditures for monthly broadcasts of popular music events and concerts staged by the music faculty of Université de Montréal; $2,000 for a contest for young songwriters; and $1,000 to encourage young Francophone artists in the disciplines of music, cinema and literature. The applicant further intends to gradually increase its financial commitment in this area to $10,000 in the fifth year of operation.
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As noted above, the applicant intends to provide on-air access to other French-language educational institutions, including UQAM and the Montréal area CEGEPs. It stated at the public hearing that it has had preliminary discussions with representatives of these institutions; its initial plans would be to allocate one weekly 60-minute program to UQAM students, who would be responsible for a maximum of 10% of the total production, and two weekly 30-minute programs to the French-language CEGEPs. The Commission also notes that the applicant has established a community relations department and intends to broadcast a one-hour weekly magazine-format community affairs program to be produced and hosted by members of the community.
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The Commission authorizes the applicant, by condition of licence, to broadcast a maximum of 4 minutes per hour of restricted advertising, as defined in Public Notice CRTC 1983-43 and subsequently amended in Public Notice CRTC 1985-194.
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It is a condition of licence that the licensee retain full control over all decisions concerning the management and programming of this station and that the majority of directors be students. In addition, the Commission reminds the applicant that, in accordance with the requirements of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), the chairman or other presiding officer and each of the directors or other similar officers of the licensee must be Canadian citizens.
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The Department of Communications (DOC) has advised the Commission that this proposal is conditionally technically acceptable due to potential interference that may be caused to aeronautical NAV/COM services in the region. Therefore, in accordance with paragraph 13(1)(b) of the Broadcasting Act, the Commission will only issue the licence, and the authority granted herein may only be implemented, at such time as the applicant, the DOC and Transport Canada have satisfactorily resolved the NAV/COM problem, and at such time as the DOC has confirmed in writing that it will issue a Broadcasting Certificate. It is a condition of licence that construction of the undertaking be completed and that it be in operation within twelve months of the date of receipt of written notification from the DOC that it will issue a Broadcasting Certificate or, where the applicant applies to the Commission within this 12-month period and satisfies the Commission that it cannot complete construction and begin the operation before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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It is a condition of licence that the licensee adhere to the Canadian Association of Broadcasters (CAB) self-regulatory guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission.
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It is also a condition of licence that the licensee adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
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The Commission notes the written interventions filed by Association canadienne de la radio et de la télévision de langue française (ACRTF) and Radio Futura Ltée. While they did not oppose the application, the intervenors expressed concern about the large coverage area that will be created by the proposed power of 10,000 watts, much of it lying outside the immediate area of Montréal.
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In reply to these interventions, the applicant indicated that the proposed power was needed to produce a signal strong enough to reach students on campus and in their homes in the surrounding area. The applicant also cited, as a technical concern, the fact that the proposed channel 207B (frequency 89.3 MHz) is adjacent to the television channel 6 sound carrier frequency used to rebroadcast the programming of CMBT Montréal. The proposed power level of 10,000 watts is as close as possible to that of the CBMT sound transmitter, and has been chosen in order to minimize the risk of mutual interference.
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Alain-F. Desfossés
Secretary General
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