ARCHIVED - Decision CRTC 84-301

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Decision

Ottawa, 29 March 1984
Decision CRTC 84-301
Communications Communautaires des Portages
Rivière-du-Loup, Quebec - 831430400 - 832566400
At a Public Hearing in Hull, Quebec on 13 December 1983, the Canadian Radio-television and Telecommunications Commission considered applications by Communications Communautaires des Portages to amend the broadcasting licence and Promise of Performance for CION-FM Rivière-du-Loup.
The licensee proposed to amend its Promise of Performance by deleting the authorized maximum of 4 minutes of restricted advertising per hour and by establishing an average daily distribution of restricted advertising that would contain, at certain times of the day, a maximum of 5 minutes of restricted advertising per hour. More specifically, the licensee planned to broadcast 5 minutes of restricted advertising per hour Monday to Friday between the hours of 8 and 11 AM and 1 and 6 PM, and not to broadcast advertising in the evening after 9 PM and during certain programs on the weekend. Moreover, it intended to make use of the authorization to broadcast 5 minutes of restricted advertising per hour only at certain times of the year.
In its application, the licensee indicated that approval of this proposal would enable it [TRANSLATION] "to put advertising in slots where it can best serve its role and to delete advertising, either in whole or in part, from periods where it is less useful or welcome." It also indicated that, given the reduction in government subsidization and the difficulty in obtaining more financial support from the community, an increase in advertising revenue was necessary.
Interventions in opposition to these applications were submitted by Radio CJFP Ltée, the Canadian Association of Broadcasters and the Association canadienne de la Radio et de la Télévision de langue française Inc. These interveners emphasized their concerns regarding the commercial orientation of this community radio station, which contravenes its mandate.
While the Commission recognizes that many community radio stations are presently experiencing financial difficulties, it is nevertheless concerned by the gradual shift of these stations in recent years towards greater commercialization. The Commission considers that this trend is contrary to the role of community radio and could affect, either directly or indirectly, their community nature and the balance of broadcasting services available in a given market. Moreover, the Commission considers that this proposal to increase the amount of time devoted to advertising per hour would accelerate this trend further toward increased commercialization of community radio, and it is not prepared to approve such a request at this time. However, the Commission intends to review this matter within the broader context of a public hearing on the nature and role of community radio in Canada, and with the regulations governing it.
Accordingly, it denies the application to amend the Promise of Performance of CION-FM Rivière-du-Loup by broadcasting 5 minutes of restricted advertising per hour.
The Commission, however, approves the proposal to delete the existing condition of licence concerning the broadcasting of restricted advertising and to substitute therefor the condition of licence described below. The Commission believes that this revised condition of licence will give the licensee greater flexibility and should enable it to generate more advertising revenue for its financial recovery, while complying with the Commission's policies.
As outlined in the Policy statement on the Review of Radio dated 3 March 1983 (Public Notice CRTC 1983-43) the Commission authorizes the licensee, as a condition of licence, to broadcast a maximum of 4 minutes per hour of restricted advertising. In line with the definition in this statement as to what constitutes restricted advertising, the licensee is authorized to broadcast simple statements of sponsorship which identify the sponsors of a program or of the station. Such statements may incorporate the name of the sponsor, the business address, hours of business, and a brief general description of the types of services or products which the sponsor provides, including the price, name and brand name of the product. These statements must not contain language which attempts to persuade consumers to purchase and thus must not contain references to convenience, durability or desirability or contain other comparative or competitive references.
The Commission will also allow the station to accept payment for classified advertisements on behalf of individuals and for informational messages on behalf of organizations engaged in community affairs and activities of a non-profit nature.
The Commission reminds the licensee that it is required to derive most of these revenues from sponsors in the area it is licensed to serve and will not be permitted to use pre-produced national advertising messages.
At the hearing, the Commission noted the licensee's commitment that [TRANSLATION] "insofar as we would have access to restricted advertising of a commercial nature, there is no doubt that we would comply with the directives" and expects it to meet this commitment.
However, the Commission reminds the licensee that, in the analyses that it conducted in 1982 and 1983, it found that the licensee was not complying with its condition of licence pertaining to the broadcasting of restricted advertising. It intends to review this matter further with the licensee at the renewal of its licence which expires 30 September 1984.
The Commission also acknowledges the intervention of the Association des Radiodiffuseurs Communautaires du Québec in support of the applications noted above.
J.G. Patenaude Secretary General

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