ARCHIVED -  Decision CRTC 98-433

Decision

Ottawa, 16 September 1998

Decision CRTC 98-433

Gestion Overtime inc.

- 199802517 - 199802525

Acquisition of assets and conversion of CJVL to FM

1. Following a Public Hearing in the National Capital Region held on 11 August 1998, the Commission approves the application for authority to acquire the assets of the radio programming undertaking CJVL Sainte-Marie-de-Beauce from Radio Beauce inc., and for a broadcasting licence to continue the operation of this undertaking.

2. The price of the transaction is $100,000. 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 and is satisfied with the benefits flowing from this transaction. Moreover, the Commission is of the view that approval of this application is in the public interest as it will allow for the maintenance of a local radio service at Sainte-Marie-de-Beauce.

3. The Commission also approves the application by Gestion Overtime inc. (the licensee) for a broadcasting licence for a French-language FM radio programming undertaking at Sainte-Marie-de-Beauce, on the frequency 101.3 MHz, channel 267A, with an effective radiated power of 4,677 watts. The new station will replace CJVL Sainte-Marie-de-Beauce.

4. The Commission will issue a licence to Gestion Overtime inc., expiring 31 August 2002. The licence will be subject to the conditions specified in this decision and in the licence to be issued. The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan.

5. The Commission notes that, although the applicant did not propose any tangible benefits, CJVL has been unprofitable over the three years preceding filing of this application. Accordingly, the Commission is satisfied that the application meets the criteria set out in Public Notice CRTC 1993-68 entitled Application of the Benefits Test at the Time of Transfers of Ownership or Control of Broadcasting Undertakings. Accordingly, the Commission is of the view that approval of this application is in the public interest.

6. The licensee indicated that the new FM station will provide programming identical to that broadcast by CJVL. The licensee also made a commitment to broadcast a minimum of 42 hours of local programming per broadcast week.

7. The licensee requested authority to simulcast the programming of CJVL on the the new FM station for a period of one month in order to inform listeners of the station's conversion to the FM band. Accordingly, the licensee is authorized, by condition of licence, to simulcast for a period of one month from the date of implementation of the new station. At the end of this period, the Commission expects the licensee to surrender CJVL's licence, for cancellation by the Commission.

8. 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.

9. 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, concurrently with 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.

10. 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.

11. 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 accepted by the Commission.

12. In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled Implementation of an Employment Equity Policy, the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. In this regard, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

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 twelve 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 twelve-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 Broadcasting 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. The Commission acknowledges the interventions filed in support of these applications.

17. The Commission also acknowledges the intervention submitted by l'Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) 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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