ARCHIVED -  Decision CRTC 97-532

Decision

Ottawa, 29 August 1997

Decision CRTC 97-532

Pelmorex Radio Inc.

Sault Ste. Marie, Ontario - 199613039

Licence renewal for CJQM-FM

1. Following Public Notices CRTC 1997-47 dated 25 April 1997 and CRTC 1997-47-1 dated 3 July 1997, the Commission renews the broadcasting licence for the radio programming undertaking CJQM-FM Sault Ste. Marie from 1 September 1997 to 31 August 2004, 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. As part of its application, Pelmorex Radio Inc. (Pelmorex) requested a reduction in the minimum amount of Category 2 Canadian musical selections broadcast each week, from 30% to 15%. Subsection 2.2(3) of the Radio Regulations, 1986 requires that a minimum of 30% of all musical selections broadcast each week be Canadian.

3. In support of its request, Pelmorex argued that the Canadian content requirement constrains its ability to compete with U.S. stations operating in Sault Ste. Marie, Michigan, which are not subject to such a requirement. Specifically, Pelmorex claimed that it cannot compete with that city's newest station because it is under the same ownership as two other U.S. stations and its programming format is targeted directly against CJQM-FM.

4. The Canadian Independent Record Production Association (CIRPA) and the Society of Composers, Author and Music Publishers of Canada (SOCAN) submitted interventions opposing Pelmorex's request to reduce the level of Canadian content broadcast on CJQM-FM. Among other things, CIRPA and SOCAN argued that playing more Canadian content, rather than less, is a competitive advantage for a Canadian radio station serving a Canadian audience.

5. In its reply to the interventions, Pelmorex recognized the importance of Canadian content and indicated that it was willing to withdraw that part of its application, due to CJQM-FM's strength in the market. The Commission notes that no decision is therefore required on Pelmorex's application to reduce CJQM-FM's Canadian content requirement.

6. Consistent with Decision CRTC 96-665 dated 9 October 1996, the licensee is authorized to broadcast a weekly maximum of 30 minutes of French-language content consisting exclusively of advertising material.

7. 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.

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. 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.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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