ARCHIVED -  Décision CRTC 97-114

Decision

Ottawa, 25 March 1997

Decision CRTC 97-114

Radio CJFP (1986) ltée

Trois-Pistoles, Quebec - 199609682

New FM radio programming undertaking

Following a Public Hearing in the National Capital Region held on 15 January 1997, the Commission approves the application for a broadcasting licence for a French-language FM radio programming undertaking at Trois-Pistoles, on the frequency 93.9 MHz, channel 230A1, with an effective radiated power of 229 watts.

The Commission notes that Radio CJFP (1986) ltée currently operates the transmitter CJTF-FM Trois-Pistoles which rebroadcasts, in their entirety, the programs of CJFP-FM Rivière-du-Loup. The licensee has committed to produce and broadcast no less than 10 hours of local programming per week, consisting of current affairs and entertainment programming as well as news and surveillance programming. In addition, the station will broadcast 116 hours of programming originating from CJFP-FM Rivière-du-Loup.

Therefore, subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2001. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence at the same time as that of CJFP-FM.

The Commission notes that when the new licence is issued, the licence for CJFP-FM Rivière-du-Loup will be amended in order to delete the transmitter CJTF-FM Trois-Pistoles.

This station will operate in a single-station market as defined in Public Notice CRTC 1993-121 entitled "Local programming Policy for FM Radio - Definition of a Single-Station Market". In accordance with the policy outlined in the above-noted public notice, the new station is excluded from the policy requirements respecting local programming and advertising for commercial FM stations operating in markets served by more than one private commercial station, as outlined in Public Notice CRTC 1993-38 dated 19 April 1993 entitled "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations". Consequently, the station may solicit and accept local advertising, irrespective of the amount of local programming that it broadcasts.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent. As part of its application, the licensee indicated that it was unable to make a commitment in direct expenditures to Canadian talent development other than the commitment already made with respect to CJFP-FM Rivière-du-Loup. While the new station will broadcast very limited amounts of local programming, the Commission's policy for Canadian talent development, as set out in Public Notice CRTC 1995-196, generally provides that all radio stations make a direct contribution to Canadian talent development. It is noted further that the level of contribution expected of stations in smaller markets is quite low. The Commission, therefore, encourages the licensee to make a direct contribution to Canadian talent development. It will explore this matter further when it considers the licence renewal of this station and of CJFP-FM Rivière-du-Loup.

It is a condition of licence that the station not be operated within the Specialty format, as defined in Public Notice CRTC 1995-60 or as amended from time to time by the Commission.

It is a condition of licence that the licensee 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 accepted 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 accepted by the Commission.

In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Imple-mentation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. In this regard, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed within twelve months of the date of this decision or, where the licensee applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The licensee is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

The Department of Industry has advised the Commission that this application is conditionally technically acceptable and, therefore, technical acceptability is subject to the satisfactory resolution of any interference with aeronautical NAV/COM and/or communications services in the area, as revealed by monitoring during on-air trials.

In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority will only be granted at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

The Commission acknowledges an intervention received in support of this application.

The Commission also acknowledges an opposing intervention submitted by Radio Dégelis inc., licensee of CFVD-FM Dégelis, as well as the licensee's reply thereto.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General