ARCHIVED -  Decision CRTC 97-280

Decision

Ottawa, 25 June 1997

Decision CRTC 97-280

Coopérative de radiodiffusion MF 103,5 de Lanaudière

Joliette, Quebec - 199700902

Acquisition of assets

1. Following a Public Hearing in Toronto beginning on 26 May 1997, the Commission approves the application for authority to acquire the assets of CJLM-FM Joliette held by the Caisse populaire Desjardins in Joliette following the bankrupcy of Radio de Lanaudière (1992) inc., and for a broadcasting licence to continue the operation of this undertaking.

2. The station has been under the receivership of Mr. Franklin Delaney, of Consultation Delaney inc., acting as trustee.

3. The Commission will issue a licence to Coopérative de radiodiffusion MF 103,5 de Lanaudière (the Coopérative), expiring 31 August 1999, upon surrender of the current licence. The licence will be subject to the same conditions as those in effect under the current licence, as well as to any other condition specified in this decision and in the licence to be issued. The licence term granted herein will enable the Commission to consider the renewal of this undertaking in accordance with the Commission's regional plan and to better distribute the workload within the Commission.

4. The purchase price relating to this transaction is $525,000. Based on the evidence filed with the application, the Commission has no concerns with respect to the availability or the adequacy of the required financing.

5. The Commission notes that, although the applicant did not propose any tangible benefits, the important benefit associated with this transaction is the maintenance of CJLM-FM as a viable, local radio service to Joliette. Accordingly, the Commission is of the view that approval of this application is in the public interest.

6. The Commission also approves the application by the Coopérative to amend its licence in order to be relieved of the current commitment set out in its Promise of Performance to operate CJLM-FM in a Group I or Group II format. Accordingly, the Commission replaces that commitment with the following condition:

 It is a condition of licence that this station not be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

7. As part of its application, the Coopérative had requested a licence amendment that would have allowed it to increase the effective radiated power of the station from 3,000 watts to 6,000 watts. The Department of Industry having indicated that it was unable to grant technical certification to this proposal, the Commission informed the Coopérative, at the hearing, that this part of its application had been withdrawn.

8. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines For Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

9. It is a condition of licence that the licensee adhere to the guidelines on gender portrayal set out in the CAB's Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

10. 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.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request

DEC97-280_0