ARCHIVED -  Decision CRTC 97-295

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Ottawa, 4 July 1997
Decision CRTC 97-295
Canadian Broadcasting Corporation
Québec, La Malbaie, Saint-Fabien-de-Panet, Saint-Georges (Beauce), Saint-Pamphile and Thetford Mines, Quebec - 199616512
Approval of application to convert CBV Québec to FM
1.  Following a Public Hearing held in Montréal beginning on 24 February 1997, the Commission approves the application by the Canadian Broadcasting Corporation for a licence to carry on a French-language FM radio programming undertaking at Québec, on the frequency 106.3 MHz, channel 292C, with an effective radiated power of 20,000 watts.
2.  The applicant currently operates the AM radio programming undertaking CBV Québec and has indicated that this application was filed with a view to converting the station to FM in order to correct the reception problems experienced by some CBV listeners, particularly at night.
3.  The Commission notes that, after the conversion, the licensee will broadcast its French-language Radio (AM) network service on the FM band and that the Promise of Performance of the new FM programming undertaking will be identical in all respects to that of CBV. Further, the licensee indicated that it will continue to operate its transmitters CBV-4-FM Saint-Pamphile, CBV-5-FM Saint-Fabien-de-Panet, CBV-6-FM La Malbaie, CBV-7-FM Saint-Georges (Beauce) and CBV-8-FM Thetford Mines.
4.  The Commission notes that the use of the proposed FM frequency is consistent with the guidelines set out in Public Notice CRTC 1991-102 entitled Review of CBC Long Range Radio Plan.
5.  Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2001, subject to the conditions specified in this decision and in the licence to be issued.
6.  The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act (the Act), will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan for CBC radio programming undertakings.
7.  The CBC has also indicated that it intends to shut down its AM transmitter within six months of the date on which the new transmitter becomes operational. During this six-month transition period, the CBC will simulcast on CBV the programming of the new FM station. The Commission expects the CBC to cease the operation of CBV within this time frame and to inform listeners of the changes herein approved.
8.  It is a condition of licence that the Corporation not broadcast any commercial message of Category 5 (Advertising) except:
a)  during programs that are available to the licensee only on a sponsored basis, or
b)  as required to fulfil the requirements of the legislation of the Parliament of Canada pertaining to elections, or
c)  in communities where there is no other programming undertaking broadcasting in the same language.
9.  It is a condition of licence that 50% or more of the category 2 music selections broadcast each broadcast week be Canadian and that these selections be scheduled in a reasonable manner throughout the broadcast day.
10.  It is a condition of licence that 20% or more of the category 3 music selections broadcast each broadcast week be Canadian.
11.  It is a condition of licence that the licensee adhere to its self-regulatory guidelines on sex-role portrayal as amended from time to time and approved by the Commission and, as a minimum, to the Canadian Association of Broadcasters' Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
12.  The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.
13.  This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed within eighteen months of the date of this decision or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the eighteen-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.
14.  The Department of Industry has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
15.  In accordance with subsection 22(1) of the Act, the Commission will only issue the licence and the authority will only be granted at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
16.  In its intervention, Radiomutuel inc., licensee of CIMO-FM Magog, submitted that operation of the new CBC station on the frequency proposed would subject CIMO-FM's signal to interference and indicated that this had been confirmed by the Department of Industry. Radiomutuel inc. proposed, as a corrective measure, to increase its transmitter power in the area experiencing interference and requested that the CBC agree to such an increase. The CBC indicated that it would not oppose the application provided that the increase meets Department of Industry requirements. The CBC nevertheless reserved the right to examine the actual application.
17.  The Commission acknowledges the interventions submitted in support of this application.
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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