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ARCHIVED - Broadcasting Decision CRTC 2010-163

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  Route reference: 2009-461
  Additional references: 2009-461-1, 2009-461-2, 2009-461-3, 2009-461-4 and 2010-163-1
  Ottawa, 19 March 2010
  Canadian Broadcasting Corporation
Rimouski and Québec, Quebec
  Applications 2009-0901-2 and 2009-0898-1, received 11 June 2009
Public Hearing in the National Capital Region
29 October 2009
 

CJBR-TV Rimouski – new regional television station

 

CBVT Québec – licence amendment

  In this decision, the Commission approves an application by the Canadian Broadcasting Corporation (CBC) to operate a new regional television station in Rimouski.
  CJBR-TV Rimouski will broadcast a minimum of five hours of local and regional programming. The licence will be subject to the terms and conditions set out in the appendix to this decision. At the CBC's request, a short-term licence will be issued to the new station so that the licence renewal coincides with the licence renewal for the CBC's French-language television network. Accordingly, the licence will expire on 31 August 2010.
  The Commission also approves an application by the CBC to amend the broadcasting licence for station CBVT Québec in order to transfer the following transmitters to the new regional television station CJBR-TV Rimouski: CBGAT Matane, CBGAT-1 Mont-Climont, CBGAT-2 Murdochville, CBGAT-3 Grande-Vallée, CBGAT-4 Mont-Louis, CBGAT-5 Causapscal, CBGAT-6 Cap-Chat, CBGAT-7 Saint-René-de-Matane, CBGAT-8 Marsoui, CBGAT-9 Gros-Morne, CBGAT-10 Mont-Louis-en-Haut, CBGAT-11 Sainte-Anne-des-Monts, CBGAT-13 Rivière-à-Claude, CBGAT-14 Carleton, CBGAT-15 Chandler, CBGAT-16 Cloridorme, CBGAT-17 Gaspé, CBGAT-18 L'Anse-à-Valleau, CBGAT-19 Lac-Humqui, CBGAT-20 Percé, CBGAT-21 Port-Daniel-Gascons, CBGAT-22 Rivière-au-Renard, CBGAT-23 Les Méchins, CBST Sept-Îles, CJBR-TV-1 Latour, CBST-1 Havre-Saint-Pierre, CBST-6 Rivière-au-Tonnerre, CBST-7 Aguanish-Natashquan, CBST-8 Baie-Johan-Beetz, CBST-9 Gethsémani/La Romaine, CBST-11 Harrington Harbour, CBST-12 Tête-à-la-Baleine, CBST-13 La Tabatière, CBST-14 Saint-Augustin (Saguenay), CBST-15 Old Fort Bay, CBST-16 Rivière-Saint-Paul, CBST-17 Blanc-Sablon, CBST-18 Longue-Pointe-de-Mingan and CBST-19 Baie-Comeau.
 

Introduction

1. At a public hearing held on 29 October 2009, the Commission considered two applications from the Canadian Broadcasting Corporation (CBC). In the first application, the CBC requested a broadcasting licence to operate a new regional television broadcasting undertaking in Rimouski (CJBR-TV Rimouski). In the second, it requested the transfer of certain transmitters assigned to CBVT Québec to CJBR-TV Rimouski.
2. The CBC also requested that the new licence be issued for a short period so that the licence renewal would coincide with the licence renewal for the CBC's French-language television network. Given that the network licence expires on 31 August 2010, the new licence would also expire on 31 August 2010.
3. The CBC stated that its application to amend CBVT Québec's licence is conditional on approval of the CBC's application for a broadcasting licence to operate a new regional television station in Rimouski.
4. The licensee indicated that until 1991, it operated regional television stations in eastern Quebec, namely stations CBGAT Matane, CJBR-TV Rimouski and CBST Sept-Îles. Those stations were closed at the licensee's request and converted to rebroadcasting transmitters for CBVT Québec. The closing of those stations significantly reduced access to local and regional programming for residents of eastern Quebec.
5. The CBC requested the conversion of transmitter CJBR-TV to a regional station in order to continue serving residents of eastern Quebec. The CBC stated that it is planning to increase its commitments with respect to the production of local and regional programming for that region.
6. In addition, the CBC requested authorization to solicit local advertising in the area served by the regional station and its transmitters. It stated that revenue from the sale of local advertising will enable it not only to continue broadcasting the newscast Le Téléjournal Est-du-Québec, but also to convert CJBR-TV Rimouski's transmitter to digital.
7. Finally, according to the CBC, approval of its application for a new regional station would contribute to the fulfillment of the Commission's objectives regarding local news and diversity of voices. In addition, the Québec and eastern Quebec regions would benefit from an increase in the CBC's overall commitment to local and regional programming.
8. The Commission received a number of interventions in connection with these applications. Some supported the applications, one was opposed and others offered comments. The Commission notes that Télévision MBS ltée. and CHAU-TV inc. both submitted interventions but then informed the Commission that they wished to withdraw them. The Commission therefore did not take those interventions into account in its decision. The public record for this proceeding is available on the Commission's website at www.crtc.gc.ca under "Public Proceedings."
9. After reviewing the applications, the interventions and the applicant's reply to the interventions, the Commission considers that the primary issues to be considered are:
 
  • the issuance of a broadcasting licence to operate a new regional station in Rimouski (CJBR-TV); and
 
  • the transfer of some of CBVT Québec's transmitters to CJBR-TV Rimouski.
 

Application to operate a new regional station in Rimouski

10. In its application to operate a new regional station in Rimouski, the CBC stated that it would commit, by condition of licence, to produce for its Rimouski television station a minimum of five hours of local and regional programming each week for the eastern Quebec region.
11. In addition, regarding the Canadian content broadcast by the new station in Rimouski, the CBC proposed the same commitments as for its French-language television network, that is, 75% Canadian content during the broadcast day and 80% during prime time, 7:00 p.m. to 11:00 p.m.
12. The licensee stated that the programs broadcast as part of network programming from the CBC's French-language television network would be closed captioned. Regarding the remainder of the programming, the applicant committed to caption all local programs, including local news, broadcast by CJBR-TV Rimouski.
 

Commission's analysis and determinations

13. The Commission notes that the interveners supporting the CBC's application were of the view that the return of local and regional CBC programming in eastern Quebec would help to strengthen residents' identification with the region and would support the local job market.
14. In Broadcasting Regulatory Policy 2009-406, the Commission defined "local programming" as follows:
 

Local programming is defined as programming produced by local stations with local personnel or programming produced by locally-based independent producers that reflects the particular needs and interests of the market's residents.

15. The Commission notes that the CBC's commitment to produce a minimum of five hours of local and regional programs a week represents a higher level than the average programming of that type produced by other regional French-language CBC stations in comparable markets.
16. The Commission notes that to be eligible for the Local Programming Improvement Fund, the CBC must produce a minimum of five hours of local programming each week.
17. The Commission further notes that some interveners underscored the positive impact a new CBC station in Rimouski would have on the diversity of voices in the eastern Quebec region.
18. In its regulatory policy on diversity of voices set out in Broadcasting Public Notice 2008-4, the Commission stated:
 

It is from the local media that most Canadians receive the information that is critical to their understanding of local, regional, national and international issues. Local media help to shape Canadians' views and to equip them to be active participants in the democratic life of the country.

19. In this instance, the Commission notes that residents of the Bas-Saint-Laurent region, including the city of Rivière-du-Loup and surrounding areas, are currently served by two radio stations and four television stations. The Commission is of the view that a new CBC station in the eastern Quebec region would offer an additional local and regional television option and increase the diversity of voices and viewpoints presented to residents.
20. In addition, the Commission considers that approval of the present application for a new station that would increase the diversity of voices for residents of eastern Quebec, meeting the objectives set out in paragraph 3(1)(d) of the Broadcasting Act, which states that the Canadian broadcasting system should encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity.
21. In Public Notice 1999-97, the Commission clearly reaffirmed the link between access to local advertising for over-the-air broadcasters and service to local residents. Paragraph 47 of the Commission's policy reads in part, "licensees may not solicit local advertising in a market unless they provide local news or other local programming."
22. In this instance, given that the CBC is committed to broadcasting local programming, it would be allowed to solicit local and regional advertising in the eastern Quebec region if its application were approved. The Commission notes that it received an opposing intervention from Radio Rimouski inc. claiming that the local market is too small to absorb another competitor. However, Radio Rimouski inc. did not produce any empirical data to support its assertion that in small markets, the Rimouski market in particular, television and radio advertising dollars are not equally shared.
23. The Commission is of the view that there is nothing specific about the Rimouski-Eastern Quebec market which would indicate that the market could not absorb and sustain solicitation of local advertising by the CBC. The Commission notes that in markets similar in size to Rimouski and even in some smaller markets, the CBC, V and TVA or their affiliates solicit local advertising.
24. Finally, in light of the supporting interventions received, the Commission is of the view that the new regional station in Rimouski is something residents of eastern Quebec want very much. Several interveners stated that the programming broadcast by CBVT Québec does not really reflect their lives and covers too big an area to promote eastern Quebec cultural events adequately. The Commission considers that a new regional CBC television station in Rimouski would allow the CBC to meet the expectations of eastern Quebec residents.
25. Based on the foregoing, the Commission approves the application by the Canadian Broadcasting Corporation for a broadcasting licence to operate a new regional television programming undertaking in Rimouski until 31 August 2010. The terms and conditions of licence are set out in the appendix to this decision.
26. The Commission also considers that the CBC's commitment for its Rimouski television station to produce a minimum of five hours of local and regional programming a week for the eastern Quebec region represents an acceptable level for this market. A condition of licence to that effect is set out in the appendix to this decision.
27. Finally, the Commission notes that network programs provided by the CBC's French-language television network will already be closed captioned and that the licensee committed to captioning all local and regional programs broadcast by CJBR-TV Rimouski.
 

Other issues

 

Transition to digital

28. In Broadcasting Public Notice 2007-53, the Commission stated that effective 31 August 2011, most television licensees will be authorized to broadcast only digital over-the-air signals. The Commission notes that the licence of CJBR-TV Rimouski and its transmitters will expire close to the date on which the station and its transmitters will have to stop broadcasting analog television signals, unless they qualify for an exemption. 
29. The Commission notes that the licensee requested a short licence term so that the renewal of CJBR-TV's licence will coincide with the renewal of the licence for the CBC's French-language television network. The Commission will therefore inform the licensee at a later date of the approach it will take in granting licences following the transition to digital.
30. The Commission also reminds the applicant that it must meet the Department of Industry's technical requirements throughout the licence term.
31. Finally, the Commission notes that approval of this application has no technical implications, because no transmitters will be moved. In fact, no transmitters will be added or taken away, and no changes in the official contours are planned.
 

Implementation of the Accessibility Policy

32. In Broadcasting and Telecom Regulatory Policy 2009-430, the Commission stated its intention to impose on television broadcasters and broadcasting distribution undertakings, at the time of their licence renewals, conditions of licence relating to accessibility provisions. Accordingly, the Commission will consider imposing such conditions of licence on CJBR-TV Rimouski and its transmitters at the time of the licence renewal on 31 August 2010. In the meantime, the Commission expects the station to adhere, as soon as possible, to the applicable accessibility requirements specified in Broadcasting and Telecom Regulatory Policy 2009-430.
 

Employment equity

33. Because the licensee is subject to the Employment Equity Act and reports to the Department of Human Resources and Skills Development, the Commission is not evaluating its employment equity practices.
34. With respect to on-air presence, the Commission expects the licensee to ensure that its programming is reflective of Canadian society and that members of the four designated groups (women, Aboriginal persons, persons with disabilities and members of visible minorities) are presented fairly and accurately.
 

Application to amend the licence for CBVT Québec

35. The CBC also asked the Commission to amend the broadcasting licence for the television station CBVT Québec in order to transfer some of the transmitters that are currently assigned to CBVT Québec to CJBR-TV Rimouski. The transmitters in question are listed below. This application was conditional on the Commission's approval of the CBC's application for a licence for the regional station CJBR-TV Rimouski.
36. Taking into account the approval above and given that CJBR-TV will serve residents of eastern Quebec, the Commission considers it appropriate to transfer the region's transmitters to the new regional station. Consequently, the Commission approves the CBC's application to amend the licence for CBVT Québec in order to transfer the following transmitters to the new television station CJBR-TV Rimouski:
 

CBGAT Matane
CBGAT-1 Mont-Climont
CBGAT-2 Murdochville
CBGAT-3 Grande-Vallée
CBGAT-4 Mont-Louis
CBGAT-5 Causapscal
CBGAT-6 Cap-Chat
CBGAT-7 Saint-René-de-Matane
CBGAT-8 Marsoui
CBGAT-9 Gros-Morne
CBGAT-10 Mont-Louis-en-Haut
CBGAT-11 Sainte-Anne-des-Monts
CBGAT-13 Rivière-à-Claude
CBGAT-14 Carleton
CBGAT-15 Chandler
CBGAT-16 Cloridorme
CBGAT-17 Gaspé
CBGAT-18 L'Anse-à-Valleau
CBGAT-19 Lac-Humqui
CBGAT-20 Percé
CBGAT-21 Port-Daniel-Gascons
CBGAT-22 Rivière-au-Renard
CBGAT-23 Les Méchins
CBST Sept-Îles
CJBR-TV-1 Latour
CBST-1 Havre-Saint-Pierre
CBST-6 Rivière-au-Tonnerre
CBST-7 Aguanish-Natashquan
CBST-8 Baie-Johan-Beetz
CBST-9 Gethsémani/La Romaine
CBST-11 Harrington Harbour
CBST-12 Tête-à-la-Baleine
CBST-13 La Tabatière
CBST-14 Saint-Augustin (Saguenay)
CBST-15 Old Fort Bay
CBST-16 Rivière-Saint-Paul
CBST-17 Blanc-Sablon
CBST-18 Longue-Pointe-de-Mingan
CBST-19 Baie-Comeau

37. The Commission notes that the only amendment to the licence for CBVT Québec and its transmitters is the transfer of the above-mentioned transmitters from CBVT Québec to CJBR-TV Rimouski. The following transmitters remain assigned to CBVT Québec: CBVT-2 Sainte-Famille, CBVT-3 Lac-Mégantic, CBVT-4 Lac Etchemin, CBVT-5 Saint-Fabien-de-Panet, CBVT-6 Beauceville, CBVT-7 Tewkesbury, CBVT-8 Stoneham and CBVT-9 Thetford Mines.
  Secretary General
 

Related documents

 
  • Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009
 
  • Policy determinations resulting from the 27 April 2009 public hearing, Broadcasting Regulatory Policy CRTC 2009-406, 6 July 2009
 
  • Diversity of voices – Regulatory Policy, Broadcasting Public Notice CRTC 2008-4, 15 January 2008
 
  • A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007
 
  • Determinations regarding certain aspects of the regulatory framework for over-the-air television, Broadcasting Public Notice CRTC 2007-53, 17 May 2007
 
  • CBVT Québec and its transmitters – Licence renewal, Broadcasting Decision CRTC 2004-531, 3 December 2004
 
  • Licences for CBC French-language television and radio renewed for a seven-year term, Decision CRTC 2000-2 , 6 January 2000
 
  • Building on Success - A Policy Framework for Canadian Television, Public Notice CRTC 1999-97, 11 June 1999
  This decision is to be appended to each licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca.
 

Appendix to Broadcasting Decision CRTC 2010-163

 

Terms and conditions of licence for CJBR-TV Rimouski and its transmitters CBGAT Matane, CBGAT-1 Mont-Climont, CBGAT-2 Murdochville, CBGAT-3 Grande-Vallée, CBGAT-4 Mont-Louis, CBGAT-5 Causapscal, CBGAT-6 Cap-Chat, CBGAT-7 Saint-René-de-Matane, CBGAT-8 Marsoui, CBGAT-9 Gros-Morne, CBGAT-10 Mont-Louis-en-Haut, CBGAT-11 Sainte-Anne-des-Monts, CBGAT-13 Rivière-à-Claude, CBGAT-14 Carleton, CBGAT-15 Chandler, CBGAT-16 Cloridorme, CBGAT-17 Gaspé, CBGAT-18 L'Anse-à-Valleau, CBGAT-19 Lac-Humqui, CBGAT-20 Percé, CBGAT-21 Port-Daniel-Gascons, CBGAT-22 Rivière-au-Renard, CBGAT-23 Les Méchins, CBST Sept-Îles, CJBR-TV-1 Latour, CBST-1 Havre-Saint-Pierre, CBST-6 Rivière-au-Tonnerre, CBST-7 Aguanish-Natashquan, CBST-8 Baie-Johan-Beetz, CBST-9 Gethsémani/La Romaine, CBST-11 Harrington Harbour, CBST-12 Tête-à-la-Baleine, CBST-13 La Tabatière, CBST-14 Saint-Augustin (Saguenay), CBST-15 Old Fort Bay, CBST-16 Rivière-Saint-Paul, CBST-17 Blanc-Sablon, CBST-18 Longue-Pointe-de-Mingan and CBST-19 Baie-Comeau.

 

Terms

  Issuance of the broadcasting licence to operate a French-language television programming undertaking and its transmitters to serve the city of Rimouski and the eastern part of the province of Quebec
  The licence will expire on 31 August 2010.
 

Conditions of licence

 

1. The licensee shall broadcast a minimum of five hours of local and regional programming each broadcast week.

 

For the purposes of this condition of licence, "local programming" means "programming produced by local stations with local personnel or programming produced by locally-based independent producers that reflects the particular needs and interests of residents in eastern Quebec markets."

 

2. The licensee shall adhere to its standards with respect to violence on television set out in CBC/Radio-Canada's Corporate Policies and more specifically in section 1.1 entitled Program Policies. At a minimum, the licensee shall adhere to the Canadian Association of Broadcasters' CAB Violence Code, as amended from time to time and approved by the Commission.

 

3. The licensee shall adhere to its standards with respect to on-the-air sex-role portrayals set out in CBC/Radio-Canada's Corporate Policies and more specifically in section 1.1 entitled Program Policies. At a minimum, the licensee shall adhere to the Canadian Association of Broadcasters' Equitable Portrayal Code, as amended from time to time and approved by the Commission.

 

4. The licensee shall adhere to the standards for advertising to children under 12 years of age set out in CBC/Radio-Canada's Corporate Policies and more specifically in section 1.3 entitled Advertising Standards. At a minimum, the licensee shall adhere to the standards set out in the Canadian Association of Broadcasters' Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

 

5. The licensee shall not broadcast any advertising during children's programs and shall not broadcast any advertising directed to children between programs for pre-school aged children.

For the purposes of this condition of licence, children's programs scheduled before noon on school days are considered to be programs for pre-school aged children.

 

6. The licensee shall caption 100% of its local programs during the broadcast day, including local news, beginning in the first year of its licence term.

 

Expectations

  When captions are available, the Commission expects the licensee to provide viewers with a closed captioned version of all programming aired during the overnight period.
  The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.
  The Commission expects the licensee to adhere, as soon as possible, to the applicable requirements set out in Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009.
 

Encouragement

 

Employment equity

  In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, 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.
  With respect to on-air presence, the Commission expects the licensee to ensure that its programming is reflective of Canadian society and that members of the four designated groups (women, Aboriginal persons, persons with disabilities and members of visible minorities) are presented fairly and accurately.

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