ARCHIVED - Decision CRTC 2001-313

Decision CRTC 2001-313

Ottawa, 5 June 2001

Canadian Broadcasting Corporation
Vancouver, British Columbia
2000-0662-8

20 November 2000 Public Hearing
at Burnaby

New CBC French-language FM radio station in Vancouver

The Commission approves, in part, the application for a new French-language FM radio programming undertaking at Vancouver. The new station will broadcast programming from the CBC's network service La Chaîne culturelle.

1. 9;

The CBC had proposed to operate the new station on the frequency 94.5 MHz (channel 233C). However, as discussed in Public Notice CRTC 2001-63 also issued today, the Commission, by majority vote, does not consider that this frequency is the most appropriate one to use to fulfil the expectations with regard to provincial coverage of La Chaîne culturelle set out in Decision CRTC 2000-2. This decision, which last renewed the licences of the Corporation's French-language services, expected the CBC to extend coverage of La Chaîne culturelle to:

· at least 50% of the French-speaking population of each province by the end of the licence term;

· all provincial capitals by the end of the licence term.

2. 9;

The Commission, therefore, will issue a licence provided that the CBC submits, within three months of today's date, an application proposing the use of another radio frequency that is acceptable to both the Commission and to Industry Canada. The Commission notes that, following the various decisions for new FM stations issued today, the frequency 90.9 MHz remains available for use in Vancouver.

The new station

3. 9;

The new station will present the programming of La Chaîne culturelle complemented by about 20 minutes per week of cultural notes and station identification announcements.

4. 9;

La Chaîne culturelle is one of the two national French-language radio networks offered by the CBC, Canada's national public broadcaster. While the other French-language network, La Première Chaîne, concentrates on news, information and popular culture, La Chaîne culturelle is essentially a service oriented to music and the arts. Its musical offering includes classical, jazz, opera, contemporary, and world music. An important feature of the service is the broadcast of concerts featuring Canadian artists. The new station will, therefore, enable residents of British Columbia to have access to the full range of the CBC's French-language radio services for the first time.

5. 9;

The Corporation indicated that bringing La Chaîne culturelle to British Columbia would provide an opportunity for it to record additional concerts featuring west coast artists. The CBC would broadcast these concerts over the entire national network. Thus, artists from British Columbia will enjoy additional exposure to a national audience.

6. 9;

The CBC has made a commitment to broadcast levels of Canadian music that mirror those of the network programming of La Chaîne cuturelle. Accordingly, a condition of licence is set out in the appendix to this decision requiring that 50% or more of the category 2 musical selections and 20% or more of the category 3 musical selections aired each broadcast month be Canadian.

Interventions

7. 9;

The Commission wishes to thank all those who participated in the public process leading to this decision, either through their written interventions or through their presentations at the public hearing.

Related CRTC documents

. Public Notice 2001-63 - Introductory statement to Decisions CRTC 2001-312 to CRTC 2001-320: Radio applications considered at the 20 November public hearing in Burnaby, B.C.

. Decision 2000-2 - Licences for the CBC's French-language television and radio services renewed for seven years

Secretary General

This decision is to be appended to the licence.
It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca 

Appendix to Decision CRTC 2001-313

Terms and conditions of licence pertaining to the licence to be issued to the Canadian Broadcasting Corporation for a new FM station to serve Vancouver

The Commission will only issue the licence, and it will only be effective at such time as:

· the applicant submits, within three months of the date of this decision, an application for the use of another frequency that is acceptable to both the Commission and Industry Canada. Any request for an extension to that deadline requires Commission approval and must be made in writing within that period.

· the licensee confirms in writing that it is ready to begin operation. This confirmation must take place within 12 months of the licensee having received Commission approval for the use of a new frequency and obtained the necessary authorities from the Department of Industry. Any request for an extension to that deadline requires Commission approval and must be made in writing within that period.

The licence, when issued, will expire 31 August 2007.

Conditions of licence

1. The licensee shall broadcast programming from the CBC's French-language network La Chaîne culturelle.

2. The licensee shall not broadcast any commercial message of category 5 except

(a) during programs that are available to the network only on a sponsored basis, or

(b) as required to fulfil the requirements of the legislation of the Parliament of Canada pertaining to elections.

3. The licensee must ensure that 50% or more of the category 2 music selections each broadcast month are Canadian.

4. The licensee must ensure that 20% or more of the category 3 music selections each broadcast month are Canadian, and that these selections are scheduled in a reasonable manner throughout the broadcast day.

5. The licensee must adhere to its self-regulatory guidelines on sex-role portrayal as amended from time to time and approved by the Commission, and, as a minimum, to the Canadian Association of Broadcasters' Sex-role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.

Definition

For the purpose of these conditions of licence, the term "broadcast month" shall have the same meaning as that set out in section 2 of the Television Broadcasting Regulations, 1987.

Dissent by Commissioner Jean-Marc Demers

Commissioner Jean-Marc Demers dissents from this and from four other majority decisions on applications for new or amended radio licences heard at the 20 November 2000 public hearing in Burnaby. The Commissioner dissents, as well, from Public Notice CRTC 2001-63 Introductory statement to Decisions CRTC 2001-312 to 2001-320: Radio applications considered at the 20 November 2000 public hearing in Burnaby, B.C. The rationale underlying Commissioner Demer's dissent is presented at the conclusion of Public Notice 2001-63.