ARCHIVED -  Decision CRTC 92-698

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Decision

Ottawa, 9 September 1992
Decision CRTC 92-698
Entreprises Radio Etchemin Inc.
Lévis, Quebec - 912946100
Following a Public Hearing in Quebec City beginning on 19 May 1992, the Commission approves the application for a broadcasting licence to carry on a French-language FM radio programming undertaking at Lévis on the frequency 102.9 MHz (channel 275B) with an effective radiated power of 32,600 watts.
The Commission will issue a licence expiring on 31 August 1996 subject to the conditions specified in this decision and in the licence to be issued, upon surrender of the current licence for CFLS Lévis. This licence term will enable the Commission to consider the renewal of this licence at the same time as that of other radio stations in the area.
The applicant is the licensee of CFLS Lévis. The present application is for authority to convert this AM station to the FM band. In 1988 (Decision CRTC 88-435), the Commission denied a previous FM conversion application filed by the licensee of CFLS. In its FM licence application and at the public hearing in May 1992, the applicant outlined the reasons for its request and explained how it differs from the 1988 proposal.
CFLS has been on the air since 1967. Following a period of serious financial difficulty culminating with the temporary closure of the station, the licensee decided in 1989 to introduce a major change in its programming, opting for an exclusively country music format. Since then, the station has made a major recovery in terms of audience share and financial situation.
Given the musical orientation of the station, the applicant wishes to take advantage of the higher fidelity sound that can be achieved on FM radio to provide its audience with the same quality signal as other FM stations in the Quebec City area. It also wishes to protect its musical niche by becoming the only Group II (Country) FM station in its market; to consolidate its financial position; and to benefit from the reduction in operating costs that would result from the conversion to FM.
The applicant also sought to address the concerns raised by the Commission regarding the 1988 application, as well as those outlined in two interventions filed by Quebec City area broadcasters in connection with this application. Radio Bellechasse, licensee for the community radio station CFIN-FM Lac-Etchemin, and CJMF-FM Ltée, licensee for CJMF-FM Quebec City, expressed their concerns about the potential impact of a new FM station in their markets and in the Quebec City area in general.
The applicant submitted that this application is different from the 1988 application in two major respects: the effective radiated power is lower than previously proposed, and the country music format would be unique in the market.
The Commission notes that the proposed station, with an effective radiated power of 32,600 watts as compared to the 54,350 watts proposed in 1988, will serve a principal market (3 mV/m contour) that will not be much larger than CFLS's existing market, and will not have a significantly larger potential audience. The Commission further notes that the principal market of the proposed FM station does not overlap that of CFIN-FM Lac-Etchemin, and is smaller than the markets of its commercial FM competitors.
With regard to the proposal to operate the station in the Group II format, the Commission notes that CFIN-FM Lac-Etchemin offers a diversified musical fare that is characteristic of a community station, while all the FM stations in Quebec City operate in the Group I (Pop, Rock and Dance) format. By programming only country music, the format of the new FM station would be unlike that of any other FM station in the market and would thus offer a complementary service.
The Commission notes that the applicant is not proposing to establish a new radio station in its market, but to replace the AM station with an FM station that will offer programming that is essentially identical to that of the existing station, having a similar coverage area, and operating in a music format that is substantially different from those of other stations in the market. Accordingly, the Commission considers that the approval of this application will have a limited impact on the other radio stations licensed to operate in the market.
In considering this application, the Commission placed considerable importance on the following unequivocal commitment made by the applicant at the hearing:
 [TRANSLATION]
The mission of CFLS remains the same: to be the radio voice of the South Shore. Almost all of its efforts to provide local news coverage and community services are focused on Lévis and other South Shore communities. Our conversion to the FM band will not change this aspect of CFLS programming. In this regard, the Commission notes the commitment to broadcast 8 hours 55 minutes of news per week, including 2 hours 25 minutes of local and regional news oriented to the South Shore.
The Commission reaffirms the particular importance it attaches to the development of Canadian talent, and it is satisfied with the annual budgets and the initiatives proposed by the applicant in this respect. The applicant committed to make $19,800 in direct expenditures annually, including $11,800 to organize an annual talent contest and $8,000 for two gala performances by Francophone country artists in the area. The Commission encourages the applicant to continue its efforts towards the support, development and on-air exposure of local and regional talent under the new licence.
It is a condition of licence that the applicant adhere to the guidelines on sex-role portrayal 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 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.
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 this decision 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. The Commission acknowledges the interventions by Vincent Chagnon, Denis Champoux, Nicole Caron and Les productions musicales Georges Hamel in support of this application.
Allan J. Darling
Secretary General

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