ARCHIVED -  Decision CRTC 96-85

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Decision

Ottawa, 22 March 1996
Decision CRTC 96-85
Canadian Broadcasting Corporation
Montréal, Quebec - 950147900
 SCMO channel to distribute a commercial Haitian programming service - application denied
 Following Public Notice CRTC 1995-148 dated 29 August 1995, the Commission denies the application by the Canadian Broadcasting Corporation to amend the broadcasting licence of the radio programming undertaking CBF-FM Montréal, by adding a condition of licence authorizing the licensee to use a Subsidiary Communications Multiplex Operations (SCMO) channel for the purpose of distributing a commercial Haitian programming service in at least three languages: Creole, French, and English. The applicant proposed that the programming would be provided by Radio Tropicale ltée.
 In assessing this application, the Commission has taken into account the supporting interventions it has received. However, the Commission has also considered the arguments set out in the opposing interventions submitted by CFMB Limited, licensee of CFMB Montréal, Radio Communautaire de la Rive-Sud inc., licensee of CHAA-FM Longueuil, Radio communautaire francophone de Montréal inc., licensee of CIBL-FM Montréal, Radio Centre-Ville Saint-Louis inc., licensee of CINQ-FM Montréal and by the Montréal ethnic television service, CTEQ Télévision inc.
 The opposing interveners expressed concern that an approval would lead to increased fragmenta- tion of an already limited advertising market and would, consequently, negatively affect the financial viability of existing local broadcasting services. In reply, the proposed operator, Radio Tropicale ltée, argued that the support shown by the ethnic community demonstrated the need for the proposed service.
 The Commission's policy regarding services using the Subsidiary Communications Multiplex Operation channel of FM stations is set out in CRTC Public Notice 1989-23 dated 23 March 1989. In its policy guidelines, the Commission indicated that it would monitor the development of SCMO services and would be concerned if such a service were to cause any undue negative impact on existing local broadcasting services.
 The Commission acknowledges that the proposed SCMO service could enhance the range and availability of Haitian programming in the Montréal area. The Commission is however of the view that the Haitian community is currently adequately served, especially in comparison to other ethnic communities with larger populations. The Commission considers that the proposed SCMO service could have an undue negative effect on existing radio stations providing ethnic programming in the Montréal market, and in particular on CFMB which provides service to a number of ethnic groups by offering programs whose costs may exceed the advertising revenue that they generate. Therefore, in accordance with its SCMO policy, the Commission has denied the application.
 Allan J. Darling
 Secretary General

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