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ARCHIVED -  Decision CRTC 99-542

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Decision CRTC 99-542

  Ottawa, 17 December 1999
  Metromedia CMR Broadcasting Inc.
Longueuil, Quebec – 199903323 – 199808119
  Applications processed by Public Notice CRTC 1999-100 dated 21 June 1999
  Licence renewal and amendment for CIEL-FM
  1. The Commission renews the broadcasting licence for CIEL-FM Longueuil from 1 January 2000 to 31 August 2006, subject to the conditions specified in this decision and in the licence to be issued.
  2. The applications announced in public notice 1999-100 were submitted by the previous licensee Radio MF C.I.E.L. (1981) inc. The assets of the station were subsequently acquired by Metromedia CMR Broadcasting Inc. (Metromedia) and the new licensee informed the Commission that it wished to proceed with the applications, as originally filed.
  3. The Commission approves the application to:
 

· delete the condition of licence requiring the licensee to broadcast 75% French-language vocal musical selections during the broadcast week;

 

· delete the condition of licence requiring the licensee to broadcast 3% vocal musical selections other than in English, French or a Native language;

 

· amend the current condition of licence by increasing the minimum percentage of the English-language vocal musical selections from 22% to 35% during the broadcast week.

  4. In its application, the licensee proposed to contribute $15,000 annually to Canadian talent development, of which the payment of $5,000 to MusicAction and the creation of a fund of $10,000 to support home-grown artists, when producing a record or when touring internationally.
  5. L’Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ) submitted an intervention noting, with regard to the licensee’s request to reduce the percentage of French-language vocal musical selections that it broadcasts, that 65% is the minimum required under the Radio Regulations, 1986 (the regulations). The Commission is satisfied with the licensee’s response to this comment. The Commission notes that approval of this amendment is consistent with the regulations.
  6. Further, in its intervention, ADISQ opposed the licensee’s proposal to deviate from the Commission’s approach with regard to contributions to Canadian talent development which is based on the plan established by the Canadian Association of Broadcasters (CAB). The licensee proposed an annual contribution of $15,000. Under the CAB plan, however, the licensee’s contribution should be $27,000 annually, which is the amount required for stations in the Montréal market.
  7. The licensee responded that it would make annual contributions of $27,000 as soon as CIEL-FM has attained revenues equal to 7% of the total advertising revenues in the Montréal market. In this regard, the Commission reminds the licensee that the CAB established its plan taking into account the limited resources available to broadcasters. The Commission emphasizes that the plan’s success depends on the participation of all commercial radio stations, whatever their level of profitability. Accordingly, it is a condition of licence that the licensee make an annual payment of $27,000 to MusicAction.
  8. 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.
  9. In the transfer of control of Radio MF C.I.E.L. (1981) inc. to Metromedia (letter of Authority A99-0043 dated 3 May 1999), tangible benefits representing 6% of the value of the transaction ($237,000) were offered in accordance with the benefits requirement outlined in Commercial Radio Policy 1998 (Public Notice 1998-41). These benefits represent the minimum required direct financial contribution to Canadian talent development and are over and above any contributions required under existing conditions of licence. The Commission expects Metromedia to honour this commitment.
  10. As indicated in the above-noted Letter of Authority, the Commission expects this contribution of $237,000 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 notes that Metromedia has made a commitment to contribute the above-noted 1% to MusicAction.
  12. The Commission notes that this licensee 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.
  Related CRTC documents

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

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

• Decision CRTC 99-449 – Acquisition of the assets of CIEL-FM

  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: www.crtc.gc.ca
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