ARCHIVED -  Decision CRTC 93-621

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Decision

Ottawa, 24 September 1993
Decision CRTC 93-621
Radio Port-Cartier Inc.
Port-Cartier, Quebec - 930135900
New FM radio programming undertaking
Following a Public Hearing in the National Capital Region beginning on 6 July 1993, the Commission approves the application for a broadcasting licence for a French-language FM radio programming undertaking at Port-Cartier, on the frequency 99.1 MHz, channel 256B, with an effective radiated power of 7,400 watts.
The Commission will issue a licence expiring 31 August 1996, subject to the conditions specified in this decision and in the licence to be issued. This 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 proposed FM station will replace the existing AM service CIPC Port-Cartier which is licensed to the applicant. The Commission notes Radio Port-Cartier Inc.'s commitment to surrender the licence for CIPC within forty-five days of the new FM station going on-air.
Radio Sept-Îles Inc., licensee of CKCN Sept-Îles, filed an intervention opposing the conversion of CIPC to the FM band. The intervener claimed that the Sept-Îles and Port-Cartier market is too fragile to support a new radio station, and that the signal coverage contour of the new station would overlap its own contour and as a result, fragment its audience. In reply, the applicant pointed out that its application proposes the conversion of its station's broadcasting mode rather than the introduction of a new station. The applicant stated that this change would enable it to broadcast on a radio band providing reception of a quality comparable to that of stations distributed on cable, thus enabling it to recover a substantial number of the listeners that have, in recent years, switched to Montréal stations. The applicant added that the penetration of the proposed FM signal is essentially the same as that of the existing AM signal which is already received in all parts of Sept-Îles.
The Commission is satisfied with the applicant's reply to this intervention. The Commission notes that the conversion of CIPC to FM should not unduly affect the financial situation of CKCN Sept-Îles, which compares favourably with that of other commercial radio stations in the province.
The applicant proposes to broadcast 126 hours per week of locally-produced programming, including 9 hours 57 minutes of news, 18% spoken word and 15% advertising. In Public Notice CRTC 1993-38 entitled "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations", the Commission announced that it would no longer require licensees of commercial FM radio stations to make commitments for minimum levels of news, spoken word programming and maximum amounts of advertising. Accordingly, the Commission relieves the applicant of its commitments in this respect. However, consistent with the policy outlined in Public Notice CRTC 1993-121 dated 17 August 1993, it is a condition of licence that the licensee refrain from soliciting or accepting local advertising for broadcast during any broadcast week when less than one-third of the programming aired is local. The definition of local programming shall be as set out on page 8 of Public Notice CRTC 1993-38, or as amended from time to time by the Commission. The Commission reaffirms the particular importance it attaches to the development of Canadian talent and is satisfied with the annual budgets and the initiatives proposed by the applicant in this respect.
In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
It is a condition of licence that the applicant adhere to the guidelines on gender 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.
The Department of Communications (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 proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
In accordance with subsection 22(1) 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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