ARCHIVED -  Decision CRTC 98-456

Decision

Ottawa, 28 September 1998

Decision CRTC 98-456

Michel Mathieu, on behalf of a company to be incorporated

Saint-Constant, Quebec - 199716544

New AM radio programming undertaking

1.  Following a Public Hearing in the National Capital Region held on 20 July 1998, the Commission approves the application for a broadcasting licence for a French-language AM radio programming undertaking at Saint-Constant, on the frequency 1320 kHz, with a day-time transmitter power of 5,000 watts and a night-time transmitter power of 3,000 watts.

2.  Subject to the requirements of this decision, the Commission will issue a licence to Michel Mathieu, on behalf of a company to be incorporated, expiring 31 August 2005. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

3.  The applicant made a commitment to broadcast 126 hours of programming per broadcast week with an average of 91 hours of local programming. The musical component of this programming will focus on traditional country music, folk music and new country music.

4.  It is a condition of licence that the licensee refrain from soliciting or accepting local advertising for broadcast during any broadcast week when less than one-third of the programming aired is local. The definition of local programming shall be as set out in of Public Notice CRTC 1998-41, or as amended from time to time by the Commission.

5.  Consistent with the applicant's commitment, it is a condition of licence that the licensee devote in each broadcast week, 40% or more of its musical selections from content category 2 to Canadian selections and schedule these Canadian selections in a reasonable manner throughout each broadcast day.

6.  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.

7.  In Public Notice CRTC 1996-114 entitled Implementation of the New Approach to Canadian Talent Development, the Commission indicated that it would impose, as a condition of licence, any specific commitments made by licensees to direct money for Canadian talent development specifically to MusicAction. Accordingly, it is a condition of licence that the licensee make an annual payment to MusicAction of $4,000. The Commission notes that this $4,000 commitment to MusicAction is in addition to a $4,000 annual commitment by the applicant to broadcast live shows or offer scholarships for artists as prizes in contests organized by the station.

8.  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.

9.  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.

10.  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.

11.  This authority will only be effective and the licence will only be issued at such time as the 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.

12.  The Association des radiodiffuseurs communautaires du Québec (ARCQ) and Radio communautaire de la Rive-Sud Inc., licensee of CHAA-FM Longueuil (Radio de la Rive-Sud), submitted interventions opposing the application. In its intervention, ARCQ alleged that the market to be served by the new station is too small, that the revenues forecast by the applicant are unrealistic and that, in order to survive, the station would have no choice but to target the markets already served by CHAI-FM and CHAA-FM, as well as those of other commercial stations. Radio de la Rive-Sud, for its part, alleged that the advent of the new station could have a negative impact on advertising revenues and the programming of CHAA-FM and in particular, on its client base and its country music listeners.

13.  The Commission has examined and is satisfied with the applicant's response to these interventions as well as the independent market study filed with the application. The Commission notes further that the applicant does not intend to sollicit advertising in the area served by the community radio stations.

14.  The Commission acknowledges the interventions filed in support of this application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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