ARCHIVED -  Decision CRTC 98-533

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Decision

Ottawa, 23 December 1998
Decision CRTC 98-533
Coopérative Radio Restigouche ltée
Balmoral and Dalhousie, New Brunswick - 199713970
Application processed by
Public Notice CRTC 1998-68
dated 16 July 1998
The Commission approves Type A community station status for CIMS-FM and deletes the condition of licence restricting the amount of advertising. It also approves the request to amend the Promise of Performance relating to the level of spoken word and Category 3 music.
1. The Commission approves the application to amend the broadcasting licence for the community radio programming undertaking CIMS-FM Balmoral and its transmitter at Dalhousie by:
· changing the status of the station from Type B community station to Type A community station;
· deleting CIMS-FM's condition of licence, applicable to Type B community stations, according to which the licensee must not broadcast more than 6 minutes of advertising in any hour of broadcast, nor more than an average of 4 minutes of advertising for every hour of broadcast up to a total of 504 minutes of advertising per week;
· reducing the minimum level of spoken word programming required of CIMS-FM from 25% to 15% of the broadcast week, and by reducing the minimum level of Category 3 programming from 8% to 4% of the station's total musical programming.
Background
2. In 1987, the Commission authorized Radio de la Baie ltée (CKLE-FM) to operate a transmitter of CKLE-FM, a French-language station, in the Restigouche market. That authorization was extended three times, the final expiry date being 30 September 1995. In 1993, the Commission authorized Coopérative Radio Restigouche ltée (the Coopérative) to operate a French-language community radio station at Restigouche. Since it had previously authorized another French-language radio station in the same market, the Commission approved the new undertaking as a Type B community station, in accordance with its policy for community and campus radio. The new station (CIMS-FM) started broadcasting on 19 September 1994. On 19 February 1996, Radio de la Baie ltée advised the Commission that it was abandoning its plans to operate a transmitter of CKLE-FM in the Restigouche area. Consequently, the Coopérative submitted the current application to obtain the status of a Type A community radio station.
Interventions and reasons for decision
3. Maritime Broadcasting System Limited, licensee of CKNB Campbellton, intervened in opposition to this application. The intervener claimed that deleting the restriction on CIMS-FM's advertising would negatively impact CKNB by fragmenting its advertising revenues and audience.
4. In reply, the licensee argued that since Radio de la Baie abandoned the plan for a French-language transmitter in the Restigouche market, CIMS-FM is the only French-language radio station serving that market, apart from Radio-Canada. Therefore, it added, as there are no other French-language commercial stations in its market, it should be eligible for Type A community radio station status. The licensee argued that as a first service station, [TRANSLATION] "it should have full access to its rightful advertising market so that it can offer all the services that the French-speaking residents of Restigouche are entitled to."
5. The Commission considers the current situation of CIMS-FM to be that of a first French-language local radio service. Through its exclusively French-language programming, CIMS-FM, offers service to Francophone listeners and a Francophone advertising market. CKNB on the other hand, as an English-language station offering some French-language programming, can serve the needs of both Anglophone and Francophone advertisers. The Commission considers, therefore, that approval of this application is in the public interest.
6. The Commission notes the interventions filed by the Alliance des radios communautaires du Canada inc. and the Association des radios communautaires acadiennes du Nouveau-Brunswick in support of this application.
Secretary General
This decision is to be appended to the licence.
This document is available in alternative format upon request, and may also be viewed at the following Internet site:
www.crtc.gc.ca

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