ARCHIVED -  Decision CRTC 97-531

Decision

Ottawa, 29 August 1997

Decision CRTC 97-531

Telemedia Communications Inc.

Timmins, Ontario - 199613237

Licence renewal for CJQQ-FM

1. Following Public Notice CRTC 1997-47 dated 25 April 1997, the Commission renews the broadcasting licence for the radio programming undertaking CJQQ-FM Timmins from 1 September 1997 to 31 August 2001, subject to the 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 compliance with the Radio Regulations, 1986 (the regulations) concerning Canadian content.

3. Subsection 2.2(3) of the regulations requires that a minimum of 10% of all musical selections broadcast each week from category 3 be Canadian. In response to the Commission's request, Telemedia Communications Inc. (Telemedia) submitted the material pertaining to the programming broadcast by CJQQ-FM for the week of 21 to 27 January 1996. According to Telemedia's self-assessment report, CJQQ-FM had broadcast only 2.4% Canadian musical selections from category 3 during that time period. Telemedia explained that the shortfall in Canadian musical selection occurred during the broadcast of the "German Culture Hour". The licensee indicated that it has subsequently instructed the show's producer to play more Canadian selections and to ensure that the program broadcasts the required level of Canadian content each week.

4. The Commission views with concern the licensee's non-compliance with this regulatory requirement. It intends to monitor the licensee's performance during the new licence term, and directs the licensee to take all necessary measures to ensure that the regulations are adhered to at all times.

5. As part of its licence renewal application, Telemedia requested that the Commission amend CJQQ-FM's Promise of Performance to allow the station to broadcast up to 30 minutes each week of French-language advertising material. The Commission denies this request for the reasons set out below.

6. L'Alliance des radios communautaires du Canada Inc. (the Alliance), and Radio communautaire Kapnord Inc. (Kapnord) submitted interventions opposing this request. The Alliance cited two previous Commission decisions denying similar requests by Telemedia, including one asking for authorization to broadcast 30 minutes each week of French-language advertising on CJQQ-FM (Decisions CRTC 96-666 dated 9 October 1996 and 89-496 dated 21 July 1989). In its intervention, Kapnord suggested that, as the licensee of a French-language community radio station, it would not be permitted to broadcast English-language advertising.

7. In response, Telemedia stated that there is only one other radio station operating in the Timmins market, namely CKOY, a French-language station. Telemedia also noted that there is no French-language community radio station in Timmins. The licensee further stated that Kapnord, which serves the Kapuskasing area located some 230 kilometres from Timmins, does not cover the Timmins region. For these reasons, the licensee claimed that approval of its request would not have any impact on French-language community radio stations.

8. The Commission acknowledges that there is currently no French-language community radio station in Timmins and that approval of this request would, consequently, have no negative impact on an existing community radio station. Nevertheless, the Commission considers that the Francophone community in Timmins is well served by CKOY and that approval of this request may have a negative impact on CKOY. Accordingly, the Commission has denied this request.

9. 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.

10. 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.

11. 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.

12. The Commission notes that this applicant 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.

13. The Commission acknowledges the intervention submitted by Crime Stoppers of the District of Cochrane Inc. in support of CJQQ-FM's licence renewal.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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