ARCHIVED -  Decision CRTC 97-448

Decision

Ottawa, 15 August 1997

Decision CRTC 97-448

Radio Nord inc.

Rouyn-Noranda and Amos/Val-d'Or, Quebec - 199612825

Licence renewal for CHLM-FM and its transmitter CHLM-FM-1

1.  Following Public Notice CRTC 1997-38 dated 21 May 1997, the Commission renews the licence for the radio programming undertaking CHLM-FM Rouyn-Noranda and its transmitter CHLM-FM-1 Amos/Val-d'Or, from 1 September 1997 to 31 August 2001, subject to conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.

2.  This term will enable the Commission to assess at an early date the licensee's adherence to the conditions of its licence regarding Canadian content of Category 2 music (General music) and Category 3 music (Traditional and Special Interest music) as well as to the broadcast of French-language vocal music.

3.  Following an analysis of the logger tapes of the programming broadcast by CHLM-FM on 23 January 1996, as well as an evaluation of the music lists for the week of 21 to 27 January 1996 and correspondence with the licensee, the Commission has estimated the Canadian content level for the broadcast week in question at 48.6% for Category 2 music and 12% for Category 3 music. The level of French-language vocal music broadcast over the same period was established at 94.8%. The result of these analyses indicate that the licensee is in non-compliance with respect to the conditions of CHLM-FM's licence which require weekly levels of 100% for French-language vocal music, and 50% for both Category 2 and Category 3 music.

4.  With respect to French-language vocal music, the licensee explained that CHLM-FM is an affiliate of the CBC French-language radio (AM) network (the CBC network). The licensee noted that in March 1996 and without notifying its affiliates, the CBC reduced to 95% its commitments in this regard. The licensee requested, as part of its licence renewal application, that its Promise of Performance be amended to reflect a reduction in the level of French-language vocal music that it must broadcast, from 100% to 95% of all musical selections broadcast. The licensee added that such a reduction would end its non-compliance with respect to this requirement. The Commission approves the licensee's request.

5.  The Commission also approves the application by the licensee to amend its licence in order to be relieved of the current commitment set out in its Promise of Performance to operate the station 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.

6.  It is a condition of licence that, during those periods when programs originating from the CBC network are being broadcast, the licensee 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.

7.  The Commission notes that the licensee has reiterated its commitment not to broadcast any commercials when local programming is being broadcast.

8.  With respect to Canadian talent development, the licensee stated that, as an affiliate of the CBC network, its station holds non-commercial status and does not derive any revenue from advertising. The licensee also indicated that, through its programming, it supports the various aspects of the local cultural community and participates in the various talent contests organized by the CBC. In view of the foregoing, the Commission relieves CHLM-FM, by condition of licence, from the requirements outlined in Public Notice CRTC 1995-196 with respect to payments made to third parties involved in Canadian talent development. This condition will be in effect as long as the licence remains an affiliate of the CBC network.

9.  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 Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

10.  The Commission acknowledges the intervention filed by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) with respect to this application and is satisfied with the licensee's reply thereto.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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