ARCHIVED -  Decision CRTC 99-537

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Decision CRTC 99-537

  Ottawa, 8 December 1999
  Radio Express inc.
Valleyfield, Quebec – 199901442
  Application processed by Public Notice CRTC 1999-100 dated 21 June 1999
  Licence renewal for CKOD-FM
  1. The Commission renews the broadcasting licence for CKOD-FM Valleyfield, from 1 January 2000 to 31 August 2003, subject to the conditions specified in this decision and in the licence to be issued.
  2. The licence term granted herein will enable the Commission to consider at an early date the licensee’s compliance with its condition of licence concerning the minimum amount of category 2 musical selections that it must broadcast.
  3. Analysis of the programming broadcast by CKOD-FM during the week of 23 to 29 November 1997 revealed that the licensee had broadcast a level of category 2 Canadian content less than the 75% required under a condition of its licence. The licensee had subsequently filed a licence amendment application to lower this level to 55%. In Decision CRTC 99-52 dated 11 March 1999, the Commission approved this application as the level proposed therein was much higher than the 35% level required under the Radio Regulations, 1986 (the regulations).
  4. The Commission reminds the licensee however that it is required, by condition of licence, to broadcast a minimum Canadian content level of 55% for category 2 music.
  5. The Commission is satisfied with the licensee’s reply to the intervention filed by the Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ) regarding the broadcast of category 2 Canadian musical selections.
  6. With respect to the development of Canadian talent, the licensee proposed to make an annual contribution of a $200 scholarship to be awarded to the winner of the "Festival Baie en Art" or to a third party of its choosing.
  7. In its intervention, ADISQ opposed the licensee’s proposal to depart from the Commission’s approach to Canadian talent development, which is based on the guidelines established by the Canadian Association of Broadcasters (CAB). The CAB plan requires small market stations to make an annual contribution of $400.
  8. In reply to the intervention, the licensee indicated that, while it is not a member of the CAB, it has always supported Canadian talent. It added that the $200 amount proposed represents a minimum and argued that it should be able to support local third party organisations in addition to MusicAction. In this regard, the Commission reminds the licensee that the CAB plan, when it was established, took into account the limited resources of certain broadcasters. The Commission recognises that the station is not a CAB member. However, it stated in Public Notice CRTC 1995-196 that it expected all commercial radio stations to make an annual financial commitment towards the support of Canadian talent. The success of the CAB plan depends on the participation of all commercial radio stations, regardless of their level of profitability.
  9. The Commission denies the licensee's request to contribute only $200 to Canadian talent development. The licensee is therefore required, by condition of licence, to make an annual payment of $400 to third parties involved in Canadian talent development, which is the level identified for the station in the CAB’s Distribution Guidelines for Canadian Talent Development, as set out in Public Notice CRTC 1995-196, 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.
  10. In addition, it is a condition of licence, that the licensee maintain the commitment proposed as a benefit in the change of control of CKOD-FM (Letter of Authority A99-012 dated 7 September 1999) to contribute $2,880 annually over a five-year period, to the development of Canadian talent, to be allocated as follows:

· 3% to be allocated to a new Canadian Music Marketing and Promotion Fund;


· 2% to be allocated to FACTOR or MusicAction; and


· 1% to be allocated to either of the above initiatives, to other Canadian talent development initiatives, or to other eligible third parties directly involved in the development of Canadian musical and other artistic talent, in accordance with Public Notice CRTC 1995-196, as may be amended from time to time.

  11. The Commission will review its approach to Canadian talent development over the next year. It will examine questions raised by broadcasters in the context of this review.
  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.
  CRTC related documents

• Public Notice CRTC 1999-137New licence form for commercial radio stations

• Public Notice CRTC 1996-114Implementation of the new approach to Canadian talent development

• Public Notice CRTC 1995-196Contributions by radio stations to Canadian talent development – A new approach

  Secretary General
  This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:
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