ARCHIVED - Decision CRTC 2001-531

Decision CRTC 2001-531

Ottawa, 31 August 2001

Canadian Broadcasting Corporation
Across Canada 

Applications processed by
Public Notice CRTC 2001-45
dated 20 April 2001

Licence renewal for CBC stations affiliated to La Chaîne culturelle

The Commission renews the broadcasting licences for the radio programming undertakings and their transmitters listed in Appendix II, from 1 September 2001 to 31 August 2007, subject to the conditions specified in Appendix I to this decision and in the licences to be issued. This six-year term will allow the Commission to review the performance of the CBC's radio network, La Chaîne culturelle, at the same time as that of its affiliated stations.

These stations broadcast programming received from the CBC's network, La Chaîne culturelle. They also originate some regional and local (subregional) programming, as set out in Appendix II to this decision.

In March 1999, the Commission held a series of public consultations. During these consultations, a number of representatives of Francophones from areas other than Quebec complained about the lack of coverage of their communities in the programs broadcast by the CBC. As the Commission noted when it last renewed the CBC's network licences in January 2000, "given Canada's cultural and social diversity and the needs and interests of Anglophone as well as Francophone audiences, the CBC should emphasize programming that reflects all the communities of this country. This obligation is at the very heart of the CBC's mandate. If Canada's many voices and faces are to be represented on the public broadcasting service, the CBC must have a stronger presence in all parts of the country and must be committed to regional talent." The Commission reaffirms the particular importance it attaches to the CBC's responsibilities to provide regional programming on its individual stations. Accordingly, the Commission expects the CBC to maintain the levels of regional and subregional programming currently broadcast on each of these stations. The Commission also strongly encourages the licensee to surpass these levels during the new licence term.

The network

When it last renewed the CBC's French-language network licences, the Commission noted that La Chaîne culturelle had not been operating in compliance with its condition of licence requiring that 50% or more category 2 musical selections broadcast each broadcast week be Canadian. The licensee acknowledged its non-compliance and described the corrective safeguards it planned to implement. In addition, the CBC requested an amendment to its conditions of licence that would enable it to calculate the percentage of Canadian content for musical selections in category 2 and category 3 that it broadcasts on a monthly basis rather than over the broadcast week. The Commission approved this request in Decision CRTC 2000-2.

The Commission required the CBC to submit self-assessment reports in order to enable the Commission to monitor the effectiveness of the measures that the CBC has implemented.

The affiliated stations

In order to reflect the conditions imposed on La Chaîne culturelle in Decision CRTC 2000-2, the conditions of licence for the stations listed in Appendix II will allow the licensee to calculate the percentage of category 2 and category 3 Canadian musical selections that they broadcast on a monthly rather than on a weekly basis. These conditions are stipulated in Appendix I.

The network

In Decision CRTC 2000-2, the Commission noted that the licensee had not complied with its commitment that 95% of category 2 vocal musical selections broadcast by La Chaîne culturelle be in the French language. The licensee acknowledged that it had failed to fulfil its commitment and assured the Commission that it had undertaken the necessary measures to correct the cause of this non-compliance. The reports noted above will enable the Commission to assess the effectiveness of the measures put in place by the licensee.

Further, the licensee proposed to reduce to 85% the level of category 2 French-language vocal music it must broadcast during the new term of its network licences. The licensee also requested authorization to calculate the percentage of French-language vocal music selections that it broadcasts on a monthly basis rather than over the broadcast week. The Commission approved this request.

The affiliated stations

In accordance with the approach taken in the context of the licence renewal of La Chaîne culturelle (Decision CRTC 2000-2), the Commission expects the licensee to broadcast, in each broadcast month of the new licence term, 85% French-language vocal music selections in category 2, limit English-language vocal music selections to 5% and ensure that the latter are Canadian.

During the current licence term, the Commission requested the logger tapes and other material related to the programming broadcast by CBFX-FM Montréal during specific time periods. The Commission's analysis revealed that CBFX-FM had failed to comply with its commitment with respect to the percentage of category 2 French-language vocal music and with its conditions of licence regarding Canadian musical selections that it broadcasts.

Since almost all of the music programming broadcast by the CBC's stations originates with the networks, the Commission considers that the station's non-compliance can be explained by the fact that the networks were also found to be in non-compliance at the time of their last licence renewal (Decision CRTC 2000-2). The Commission considers that the measures put in place by the licensee should enable the CBC to correct any problems with non-compliance on the part of its regional stations and reminds the CBC that it must respect its conditions of licence at all times.

The Commission has noted the interventions submitted with regard to these applications.

Related CRTC documents

. Decision 2000-2 -Licences for CBC French-language television and radio renewed for a seven-year term

. Public Notice 2000-1 - A distinctive voice for all Canadians: Renewal of the Canadian Broadcasting Corporation's licences

Secretary General

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

Appendix I to Decision CRTC 2001-531

Terms, conditions of licence and expectation

Terms

The licences for the radio stations and their transmitters listed in Appendix II to this decision are renewed from 1 September 2001 to 31 August 2007.

Section 22 of the Broadcasting Act states that the Commission may not renew a licence unless the Department of Industry has certified that the licensee has been or will be issued a broadcasting certificate. Accordingly, the renewal of each licence is subject to the issuance of technical certification by the Department of Industry.

Conditions of licence

By conditions of each licence :

· the Corporation must not broadcast any commercial message of Category 5 (Advertising) except:

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

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

· 50% or more of the category 2 music selections broadcast each broadcast month must be Canadian.

· 20% or more of the category 3 music selections broadcast each broadcast month must be Canadian and these selections must be scheduled in a reasonable manner throughout the broadcast day.

· 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.

Expectation

During the new licence term, the Commission expects the licensee to broadcast, in each broadcast month, 85% French-language vocal music selections in category 2, limit English-language vocal music selections to 5% and ensure that the latter are Canadian.

Appendix II to Decision CRTC 2001-531

New Brunswick

CBAL-FM Moncton (2001-0186-6) and its transmitters at the following locations :

CBAL-FM-1 Neguac/Allardville
CBAL-FM-2 Lameque
CBAL-FM-3 Campbellton

CBAL-FM broadcasts approximately 20 minutes of local arts billboard programming each week from Moncton.

Québec

CBJX-FM Chicoutimi (2001-0180-9)

CBJX-FM broadcasts approximately 20 minutes of local arts billboard programming each week from Chicoutimi.

CBFX-FM Montréal (2001-0177-5) and its transmitters at the following locations:

CBFX-FM-1 Trois-Rivières
CBFX-FM-2 Sherbrooke
CBFX-FM-3 Amos
CBFX-FM-4 Rouyn
CBFX-FM-5 Gaspé

CBFX-FM broadcasts approximately 20 minutes of local arts billboard programming each week from Montréal.

CBRX-FM Rimouski (2001-0178-3)

CBRX-FM broadcasts approximately 20 minutes of local arts billboard programming each week from Rimouski.

CBVX-FM Québec (2001-0181-6) and its transmitter at:

CBVX-FM-1 Sainte-Anne-de-Beaupré

CBVX-FM broadcasts approximately 20 minutes of local arts billboard programming each week from Québec.

Ontario

CBOX-FM Ottawa (2001-0176-7)

CBOX-FM broadcasts approximately 20 minutes of local arts billboard programming each week from Ottawa.

CJBC-FM Toronto (2001-0179-1)

CJBC-FM broadcasts approximately 20 minutes of local arts billboard programming each week from Toronto.