ARCHIVED - Decision CRTC 2001-324

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Decision CRTC 2001-324


Ottawa, 6 June 2001


Vidéotron ltée
Montréal, Quebec 2000-2084-2


CF Cable TV Inc.
Parts of Montréal and Laval, Quebec 2000-2085-0


TDM Newco inc.
Terrebonne, Mascouche, Lachenaie and part of Saint-Louis-de-Terrebonne, Quebec 2000-2086-8


Applications processed by
Public Notice CRTC 2000-160
dated 4 December 2000


Denial of requests to be relieved of the requirement to distribute local radio station CIME-FM Saint-Jérôme

1. 9;

The Commission denies the applications by the Class 1 cable licensees serving the communities noted above to be relieved, by condition of licence, of the requirement of section 22(1) of the Broadcasting Distribution Regulations (the regulations) to distribute CIME-FM Saint-Jérôme, a priority audio signal.

2. 9;

A Class 1 cable licensee must distribute all mandatory audio programming services identified in section 22 of the regulations, including all local radio services. CIME-FM is a local signal in each of these communities.


The applications

3. 9;

The licensees stated that there are more radio stations than available frequencies on the distribution bands of their cable undertakings. They, therefore, asked to be relieved of the requirement to carry CIME-FM so they could distribute other audio signals.



4. 9;

In its evaluation of these applications, the Commission has taken into consideration the concerns raised in the opposing interventions submitted by Diffusion Métromédia CMR inc., licensee of CIME-FM, the Association touristique des Laurentides, the City of Saint-Jérôme, the Fondation Hôtel-Dieu de Saint-Jérôme, the City of Sainte-Adèle and the mayor of the City of Mirabel. The interveners stated that CIME-FM is the only radio station that offers a local service to the widely dispersed population of the Laurentians. Maintaining distribution of this service on cable is essential because the area's landscape makes it difficult to deliver a quality signal over the air.

5. 9;

Vidéotron responded on behalf of all of the applicants. It stated that each cable system offered CIME-FM between 1992 and 1998, but stopped distributing the station after it changed frequency from 99.5 MHz to 103.9 MHz in the spring of 1998. After that, the cable systems carried CJPX-FM Montréal, which took over the 99.5 MHz frequency. The cable licensees have not received any complaints regarding this change in distribution.


The Commission's findings

6. 9;

All three cable systems offer the same audio programming services. Some are not the mandatory audio programming services identified in the regulations. Radio France Internationale, a foreign audio programming service, is one of the non-priority services offered by these cable systems.

7. 9;

The Commission is not convinced that the licensees should be granted an exemption to the requirement that they distribute all priority audio signals before they carry non-priority audio programming services. Accordingly, the Commission has denied these applications.

8. 9;

The Commission expects each licensee to submit a report, within 60 days of the date of this decision, identifying the non-priority audio service that it will drop to accommodate the addition of CIME-FM. The Commission also expects each licensee to carry out this change in distribution with minimal disruption to subscribers.


Secretary General


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