ARCHIVED -  Decision CRTC 91-123

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Decision

Ottawa, 14 March 1991
Decision CRTC 91-123
Radio Bellechasse
Lac-Etchemin, Quebec - 901272500
Following a Public Hearing in the National Capital Region beginning on 27 November 1990, the Commission approves the application by Radio Bellechasse for a broadcasting licence to operate a French-language FM community radio broadcasting undertaking at Lac-Etchemin, on the frequency of 100.5 MHz (Channel 263B), with an effective radiated power of 9,600 watts. The licence will expire on 31 August 1994, and will be subject to the conditions set out in this decision and in the licence to be issued. In light of the Commission's intention to review its community radio policy, as indicated in Public Notice CRTC 1990-111 dated 17 December 1990, this period will enable the Commission to consider renewal of this licence following completion of the review.
In accordance with the applicant's proposal and the Commission's policy statement on The Review of Community Radio (Public Notice CRTC 1985-194 dated 26 August 1985), a Type B special FM community radio licence will be issued for this station, which will be operated in the Group IV music format. The Commission notes that this community radio station will be owned and controlled by a non-profit organization, the structure of which provides for membership, management, operation and programming primarily by members of the community at large.
The proposed station will provide a community radio service to the regional county municipalities (MRC) of Etchemins and Bellechasse. According to the applicant, its primary market area will include some forty small communities with a total population of about 50,000.
The Commission has denied two previous applications by the same applicant to establish a radio station in this area. The more recent application was denied essentially due to the commercial nature of the proposed station and the limited resources of the community (see Decision CRTC 90-291). Earlier, in 1986, the Commission denied another proposal by the applicant (under the name of Radio Communautaire de la Frontière) to establish a community radio station serving only the MRC of Etchemins (see Decision CRTC 86-1185). In its decision, the Commission expressed concern with, among other things, the uncertain funding arrangements, the overly-ambitious programming commitments in relation to the human resources provided, and the significant decline that had occurred over the years in the applicant's membership.
In reaching its decision to approve the current application, the Commission has taken into account the dynamism and determination of those responsible for organizing the project and the consistent support provided by a large number of local and regional organizations, who once again expressed strong support for the proposal in their written interventions and at the public hearing. The Commission also considered all of the evidence filed with the application, including the results of a market study carried out in May 1990 and the applicant's proposals for addressing the concerns expressed in Decision CRTC 86-1185.
The Commission has also taken into consideration the opposition expressed in the written interventions filed by Radio Beauce Inc., licensee of CIRB Lac-Etchemin, and CKRB and CIRO-FM Saint-Georges, and by Radio Etchemin Inc., licensee of CFLS Lévis. The concerns of these interveners were directed to the potential adverse impact of the proposed station on their undertakings.
The Commission notes, in this regard, that the BBM audience data for the fall of 1989 indicate that the market represented by the MRC's of Etchemins and Bellechasse is clearly dominated by out-of-market stations originating from Québec City which capture more than 80% of the total radio audience. Thus, the principal impact of a new community radio station offering programs focusing on local concerns and interests should be the repatriation of a significant portion of the audience currently lost to out-of-market stations.
In its replies to the interventions, the applicant also noted the findings of its market studies that the advertising market among small local businesses in the area is underdeveloped. The applicant emphasized its plans to develop this new market segment, which does not use the existing local radio stations. It also stated that, by operating in the more varied Group IV musical fare, it will offer a service that will be distinct from that provided by CIRO-FM Saint-Georges and CFLS Lévis, which specialize in the country music format. Further, the applicant noted that CIRB Lac-Etchemin provides a limited service consisting of only 25 hours per week of local programming and that its service area is limited to just a few communities in the area.
With regard to funding, the applicant filed the necessary documentation attesting to the availability of sufficient financial resources to implement the station. These resources include a grant of $180,000 from the Quebec Department of Communications, a deposit certificate in the amount of $29,548, financial commitments by local organizations for a total of $46,885, and $95,000 in loans from the Lac Etchemin Caisse populaire. The Commission also notes the operating revenue forecast and additional sources of funding available to the applicant, consisting principally of additional government grants and various fund-raising activities. In view of the foregoing, and given that the applicant's membership of more than 1,800 at the time of the Public Hearing was three times the size of its membership in 1986, the Commission is confident that the applicant possesses the funding and community support required to implement the station.
It is a condition of licence that the applicant not broadcast more than an average of 4 minutes of advertising per hour per day, with a maximum of 6 minutes per hour, in accordance with the community radio policy for Type B stations.
The applicant proposed to broadcast 96 hours weekly of diverse and complementary programming targeted to all age groups. Its local and regional focus is to be reflected in its news programming and 6 hours per week of magazine and public affairs programs. In the Commission's view, this is a more realistic level than the 9 hours 45 minutes of such programming proposed in 1986.
At the hearing, the Commission discussed with the applicant the fact that the proposed level of 31.9% spoken word represents a decrease from the level of 34.9% proposed in 1986, and falls significantly short of the objective of 35% prescribed by the community radio policy. The Commission also reminded the applicant that the proposed repeat factor of 18 for popular music selections would be inconsistent with the policy's goal of encouraging musical
diversity.
In view of the fact that the applicant proposed to increase the permanent staff of the station to 4.5 from the level of 3 proposed in the 1986 application and plans to use over 70 volunteers, approximately 30 of whom have received training in radio, the Commission considers that the applicant will be able to achieve the objective of 35% spoken word programming. Accordingly, the applicant is required to submit to the Commission, within three months of the date of this decision, a revised Promise of Performance containing a commitment to broadcast at least 35% spoken word programming, and to limit its repeat factor for popular music selections to 10.
It is a condition of licence that the applicant adhere to the self-regulatory guidelines on sex-role stereotyping set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
It is also a condition of licence that the applicant 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.
The Commission authorizes the applicant to make use of the Subsidiary Communications Multiplex Operation. The Commission expects it to adhere to the guidelines set out in Appendix A to Public Notice CRTC 1989-23 dated 23 March 1989 entitled Services Using the Vertical Blanking Interval (Television) or Subsidiary Communications Multiplex Operation (FM). This authority may only be implemented when the Department of Communications (DOC) gives the technical approval required by the Radiocommunication Act and regulations made thereunder.
DOC has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the undertaking's proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
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 written notification is received from the DOC that its technical requirements have been met, and that a Broadcasting Certificate will be issued. It is a condition of licence that construction of this undertaking be completed and that it be in operation within twelve months of the date of receipt of the DOC notification referred to in the preceding paragraph or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete implementation 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.
Allan J. Darling
Secretary General

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