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Decision
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Ottawa, 28 February 1990
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Decision CRTC 90-210
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CIBM-FM Mont-Bleu Ltée
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La Pocatière, Quebec - 890925100
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Following a Public Hearing in Quebec City beginning 5 December 1989, the Commission approves the application for a licence to carry on a French-language FM broadcasting transmitting undertaking in La Pocatière. The station will rebroadcast some programs originating in the La Pocatière and Cap-à-l'Aigle studios and some received from CIBM-FM Rivière-du-Loup and CITE-FM Montreal. The Commission will issue a licence expiring on 31 August 1994 subject to the conditions set out in this decision and in the licence to be issued. This period will allow the Commission to consider the renewal of this licence at the same time as that of CIBM-FM.
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The new Group I FM station proposed by the applicant is to replace the AM station CHGB La Pocatière, which has served the area for more than fifty years. In the applicant's view, this change is necessary if a local radio service in La Pocatière is to be maintained because CHGB's financial position has deteriorated and because considerable investment is needed to replace the outdated AM transmitter and antenna. The applicant outlined the benefits of establishing the new FM station from a financial standpoint and in terms of improved service to the listening audience.
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In particular, the applicant pointed out that broadcasting on the FM band will significantly enhance the quality and reliability of the signal, especially in the late afternoon and evening, and that this will help repatriate some of the listeners in the area who currently tune in to the major radio stations in the Quebec City area. The applicant plans to ensure the cost-effectiveness of its undertaking through reduced operating and capital costs and the amalgamation of the new station's accounting, programming and sales departments with those of CIBM-FM. With regard to programming, the applicant said that in comparison to what CHGB is currently broadcasting, it proposes to increase local programming from 51 hours to 55 hours 8 minutes weekly, add a press review of approximately 20 minutes three times a week, broadcast 7 instead of 6 local newscasts daily, and maintain a full-time journalist in the Charlevoix area. The Commission also notes the applicant's plan to produce more local programs, subject to market potential and the undertaking's financial position, and it expects the applicant to maintain at least the 55 hours and 8 minutes of local programming as proposed.
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The Commission further notes that the applicant proposes to operate the FM station on a frequency of 105.1 MHz at an effective radiated power of 7900 watts, and to move the transmission site from the south shore of the St Lawrence River to the north shore, near Pointe-au-Pic in the county of Charlevoix. At the Public Hearing, the Commission pointed out to the applicant that the proposed technical parameters would result in a substantial overlap between the 3000 uV/m and 500 uV/m service contours of the new FM station and those of CIBM-FM, in contravention of the CRTC and Department of Communication (DOC) policies on the optimum use of broadcast frequencies.
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The applicant acknowledged the extent of the anticipated overlap of the service contours of the two stations, but said that the characteristics of the region are such that La Pocatière and Rivière-du-Loup have historically been considered separate markets. It noted that the two communities are 70 kilometres apart, and that the main market targeted by its proposal is located in the counties of Kamouraska and Charlevoix and not in the Rivière-du-Loup area. It also pointed out that its proposal would not alter the current situation significantly because there already exists an overlap between the service contours of CHGB and CJFP, the applicant's AM station in Rivière-du-Loup.
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In considering this application, the Commission took into account the special characteristics of the region and the applicant's supporting arguments, notably that, in the circumstances, this is the best way to ensure that La Pocatière's local radio service, which has been in place for many years, will be maintained and improved. However, the Commission has also endeavoured to ensure that approval of this application does not effectively establish a new FM station in the small regional market of Rivière-du-Loup, which is already very fragmented by peripheral stations. It notes in this regard that CHGB's service area does not currently include Rivière-du-Loup and that the overlap with CJFP occurs only during the day. Furthermore, the station has virtually no listeners in that area.
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Accordingly, the Commission approves this application but does not approve the technical parameters proposed. The applicant is required to submit within three months of the date of this decision, and after consulting DOC and CRTC staff, an application to amend its licence by modifying the technical parameters so that they satisfactorily address the concerns expressed above. In particular, the Commission expects the 500 uV/m official contour of the proposed FM station to exclude Rivière-du-Loup and the surrounding area and not to extend beyond Notre-Dame-du-Portage on the eastern side. The Commission also expects that the technical solution chosen will not require the installation of several additional rebroadcasters in order to ensure adequate service in the proposed coverage area.
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In accordance with paragraph 13(1)(b) of the Broadcasting Act, the Commission will issue a licence to the applicant after modified technical parameters, which meet the above-mentioned requirements, have been approved by the Commission and DOC and the latter has confirmed in writing that it will issue a Broadcasting Certificate for those technical parameters. The Commission also notes that CHGB is affiliated with CBC's French-language AM radio network but that the applicant did not propose to maintain this affiliation for the new FM station. In view of the discussions in this regard at the Public Hearing and the observations made by the CBC in its written intervention, the Commission expects the applicant to continue to operate CHGB and its rebroadcaster CHAL Saint-Pamphile as rebroadcasters for CJFP Rivière-du-Loup for at least one year from the date of this decision in order to ensure continuation of the CBC's basic service in the La Pocatière and Saint-Pamphile areas. However, the Commission encourages CHGB La Pocatière to continue its production of local programs until the new FM station commences operation.
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During this period, the Commission expects the CBC to find a way to ensure that listeners in Rivière-du-Loup, La Pocatière and Saint-Pamphile continue to receive its national French-language radio service. In Decision CRTC 90-211 dated today, the Commission renewed the licences for CHGB and CHAL for the one-year period ending 28 February 1991, as proposed by the licensee, Radio La Pocatière Ltée.
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The Commission also took into account the intervention by Radio MF Charlevoix Inc., which opposed this application and requested that a condition be attached to the new FM station's licence, if approved, to prevent the station from soliciting advertising in the county of Charlevoix, as well as the intervention by CION-FM Inc., which would have preferred that a call for applications be issued as a result of this application. The applicant objected to these requests, pointing out that CHGB has been operating in the Charlevoix market for many years and that its replacement by an FM service would have no negative impact on the existing radio stations. The Commission also notes the applicant's proposal to maintain the Cap-à-l'Aigle studio and produce two hours of local programming there each week, and to close the Baie Saint-Paul studio.
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The Commission acknowledges the interventions in support of this application submitted by the town of La Pocatière, the Regional Municipality of Kamouraska, André Plourde, MP for Kamouraska/Rivière-du-Loup, and a petition with more than 400 signatures.
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It is a condition of licence that the authority granted herein be implemented within twelve months of the date of receipt of written notification from the DOC that it will issue a Broadcasting Certificate or, where the applicant applies to the Commission and satisfies the Commission that it cannot implement its authority before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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It is a condition of licence that the licensee adhere to the Canadian Association of Broadcasters' (CAB) self-regulatory guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission. It is also a condition of licence that the licensee adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
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Fernand Bélisle
Secretary General
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