ARCHIVED -  Decision CRTC 85-61

Decision

Ottawa, 29 January 1985

Decision CRTC 85-61

Radio La Pocatière Ltée

Rivière-du-Loup (Mont-Bleu), Quebec - 840506000Rivière-du Loup, Quebec - 840507800CHGB-FM Rivière-du-Loup (Mont-Bleu)

Following a Public Hearing in Rimouski, Quebec on 5 November 1984, the Commission approves the application to amend the broadcasting licence of CHGB-FM Rivière-du-Loup (Mont-Bleu) by replacing the current condition of licence, which requires that this station be operated as an affiliate of the French-language FM radio network of the Canadian Broadcasting Corporation, with a condition of licence that requires CHGB-FM to broadcast programs to be received part-time from its studios in Rivière-du-Loup and La Pocatière, and part-time from CITE-FM Montreal or CITF-FM Quebec City, depending on the outcome of negotiations now in progress.

Currently, CHGB-FM rebroadcasts in full the programs of CBV-FM, the Quebec City affiliate station of the CBC FM network. The Commission notes that CJBR-FM Rimouski already provides the service of the CBC's French-language FM radio network to much of CHGB-FM's coverage area. Moreover at the hearing, the licensee indicated that it plans to continue operating its FM broadcasting transmitter at La Pocatière which rebroadcasts the programs of CBV-FM Quebec City and stated that it was negotiating with the CBC on this matter. The Commission wishes to point out to the licensee that, pursuant to Decision CRTC 81-865 which granted authority to move CHGB-FM's transmitter from La Pocatière to Rivière-du-Loup (Mont-Bleu), the transmitter at La Pocatière was to cease operations as soon as the one in Rivière-du-Loup (Mont-Bleu) became operational. The Commission has been informed that the latter has been on the air since 18 November 1984. The Commission considers that it is now the responsibility of the CBC to ensure that its French-language FM service continues to be available to the population of La Pocatière.

Radio La Pocatière Ltée also operates CHGB, the AM radio station at La Pocatière. Radio CJFP Ltée, which holds controlling interest in Radio La Pocatière Ltée, operates the AM station, CJFP, at Rivière-du-Loup. At the hearing, the licensee described the difficult situation faced by these two AM stations during the past few years as a result of audience fragmentation which, according to the licensee, led to a drop in the ratings of the two stations from 75% to 46% between 1977 and 1983, and a decrease of more than 50% in national advertising sales for the same period. The licensee indicated that this decrease is due primarily to stations in Quebec City which increased their ratings by more than 90% between 1977 and 1983.

Upon disaffiliation from the CBC's FM network, CHGB-FM will become a joint FM station and take on a more commercial image. This should enable the licensee to recover the greater portion of the losses incurred by CHGB and CJFP and to consolidate its position in its primary market. The approval herein will also have the effect of increasing the diversity of radio services available in the area by adding a regional FM station which will broadcast in the MOR format.

The licensee plans to broadcast 50 hours of local programming per week, from 08:00 to 18:00 Monday to Friday, while the remainder of the programming (76 hours per week) will originate from CITE-FM Montreal (or CITF-FM Quebec City). Local programming will be produced in the main studio in Rivière-du-Loup and an auxiliary studio in La Pocatière, which will provide the people of that area with access to air-time. The licensee has also undertaken to provide community access to thirty minutes per week of commercial free time. In addition, the licensee intends to broadcast five local and regional newscasts a day, which a regular newscaster will prepare for the FM station.

The Commission notes that the licensee has amended its Promise of Performance and will broadcast a minimum of 20% Foreground programming in order to conform with the Radio Broadcasting (FM) Regulations as they apply to joint licensees.

The Commission considers these programming plans to be realistic, initially, given the limited resources of the area, and it expects the licensee to increase its local programming as circumstances permit. In this regard, the Commission notes that the applicant has not planned to broadcast local or regional newscasts on CHGB-FM after 18:00 every day and during the weekend. The Commission expects the licensee to make a greater effort in this area, given the resources already available through the newsrooms of its two AM stations, CHGB La Pocatière and CJFP Rivière-du-Loup. The Commission will review these efforts when it considers the renewal of CHGB-FM's licence, which expires on 30 September 1985.

With respect to the proposed rebroadcasting of programs from CITE-FM (or CITF-FM), the Commission considers that it is based on a co-operative arrangement that will not affect the control that Radio La Pocatière Ltée has over the programs which it receives from CITE-FM (or CITF-FM). The Commission notes the licensee's statement at the hearing to the effect that it retains full control over the programs that it broadcasts. Moreover, no written agreement has been concluded at this time between CITE-FM (or CITF-FM) and Radio La Pocatière Ltée for the Commission to determine otherwise. Accordingly, the Commission does not consider it necessary, in the present situation, to require the submission of an application for a network licence.

The Commission wishes, however, to be kept informed of any development in the above-noted arrangements between Radio La Pocatière Ltée and CITE-FM (or CITF-FM) that could lead Radio La Pocatière Ltée to divest itself of any part of the control over its programming. At the time of CHGB-FM's licence renewal, the Commission intends to examine the situation in light of any written agreement that may be concluded between the licensees. As well, the Commission considers that programs from CITF-FM Quebec City would be preferable to programs from CITE-FM Montreal because of the proximity of Quebec City to CHGB-FM's market and the interest its regional program would have for the public served by CHGB-FM.

The Commission has taken into consideration the opposing interventions by Radio MF Charlevoix; Communications communautaires des Portages, licensee of CION-FM Rivière-du-Loup; and Radio Dégelis Inc., licensee of CFVD Dégelis; and three petitions, which, among other matters, expressed concern that the change of CHGB-FM into a commercial station would further fragment the market. It has also considered the intervention filed by the Corporation de développement économique de la région de La Pocatière, which opposes the relocation of the main facilities of CHGB-FM from La Pocatière to Rivière-du-Loup. The Commission has also noted the comments made by the Town of La Pocatière, which asked that CHGB-FM's programs be broadcast from La Pocatière, and the Conseil populaire des Communications de l'Est du Québec Inc., which is concerned that the CBC FM service will disappear from the area and would like CHGB-FM to broadcast appropriate local programming.

Proposed CHGB-FM rebroadcasting undertaking at Rivière-du-Loup

At the same hearing, Radio La Pocatière Ltée presented an application for a licence to carry on a rebroadcasting undertaking at Rivière-du-Loup, operating on a frequency of 98.7 MHz (channel 254) with an effective radiated power of 8.6 watts, to rebroadcast the programs of CHGB-FM. The applicant indicated that the purpose of this rebroadcasting transmitter is to rectify problems associated with the reception of CHGB-FM's main transmitter located at Mont-Bleu and to provide a top-quality FM stereo signal in some low-lying areas of Rivière-du-Loup, in particular the Saint-Patrice district.

The Commission notes that the Department of Communications (DOC) has not advised that this application is technically acceptable. Rivière-du-Loup is located within the theoretical (3 mV/m) or primary service contour of CHGB-FM. Operating the proposed rebroadcasting transmitter on the frequency 98.7 MHz would result in two frequencies being used to provide the same service to the same area. This would be contrary to the licensing policies of both the Commission and the DOC which, as a general rule, require optimum use of scarce frequencies.

The DOC has informed the Commission, however, that it has made arrangements to conduct tests in Rivière-du-Loup to determine whether it would be possible for the proposed rebroadcasting transmitter to transmit on the same frequency as the main transmitter using a phase-locked frequency technique. At the hearing, the applicant indicated that it would be willing to co-operate in these experiments.

The Commission expects to be kept informed about the progress of these tests and their results, and will render its decision on the application for a rebroadcaster at Rivière-du-Loup only upon completion of the tests and upon receipt of notification from the DOC that the application is technically acceptable.

Fernand Bélisle Secretary General