ARCHIVED -  Decision CRTC 97-515

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Decision

Ottawa, 28 August 1997
Decision CRTC 97-515

Metromedia CMR Broadcasting Inc.
Montréal, Quebec - 199611661

Approval of an SCMO service in the Portuguese language

1. Following Public Notice CRTC 1997-29 dated 12 March 1997, the Commission approves the application by Metromedia CMR Broadcasting Inc. (Metromedia), licensee of CFQR-FM Montréal, to amend the broadcasting licence of the radio programming undertaking CFQR-FM, by adding a condition of licence authorizing the licensee to use a Subsidiary Communications Multiplex Operations (SCMO) channel for the purpose of distributing 168 hours per week of ethnic programming that would be at least 98% of the time in the Portuguese language.

2. In support of its application, Metromedia contended that the multicultural nature of the programming on conventional radio stations limits the amount of Portuguese-language programming currently available on Montréal radio. The applicant also noted that some local Portuguese-language radio programming is directed to people of Brazilian origin, and that most of the Portuguese-speaking residents of Montréal speak the Azores Islands Portuguese dialect, and find the Brazilian music and dialect difficult to understand.

3. An intervention in opposition to this application was submitted by CFMB Limited, licensee of the ethnic radio station CFMB Montréal, which currently devotes three and one-half hours weekly to programming directed to the Portuguese-speaking community. The intervener expressed the concern that approval of the application would result in losses to CFMB of Portuguese-language audience, advertisers and producers.

4. In response to the intervener's concerns, the applicant stated its belief that an SCMO operation, which is by its nature limited, would not have a major impact on CFMB in any way. The applicant pointed out that the Portuguese-language audience is only one of approximately 25 that CFMB serves in any given week, and that CFMB has a potential audience of over one million people whose mother tongue is neither English nor French. The applicant expressed confidence that the Portuguese-language community will be better served by the additional service, and that, as has been the case in other cities where SCMO ethnic services have been introduced, no negative consequences to existing broadcasters will result.

5. With respect to advertising revenues, the applicant set out its plans for revenues from membership sales and SCMO receiver rentals, and also expressed its willingness to accept a condition of licence either limiting or prohibiting paid commercial advertising on the new service. The Commission is satisfied that a combination of membership revenues and limited commercial activity for the new service will not unduly affect existing broadcasters. It is therefore a condition of licence that the applicant broadcast no more than 20 minutes of paid commercial messages in any broadcast day.

6. The Commission is of the view that given the condition of licence set out above, any loss of revenue to existing broadcasters caused by the new service will be minimal and will not jeopardize the viability or profitability of such services. The Commission considers that there are few services available to the Portuguese-speaking community at the present time and that the proposed service will enhance the range and availability of Portuguese-language programming in the Montréal area.

7. The Commission expects the licensee 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 Industry gives the technical approval required by the Radiocommunication Act and the regulations made thereunder.

This decision is to be appended to the licence.

Laura M. Talbot-Allan

Secretary General

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