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ARCHIVED - Broadcasting Decision CRTC 2002-348

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Broadcasting Decision CRTC 2002-348

Ottawa, 6 November 2002

Réseau des Appalaches (FM) ltée
Thetford Mines, Victoriaville and Lac Mégantic, Quebec

Application 2001-1131-0
Broadcasting Public Notice CRTC 2002-23
6 May 2002

CFJO-FM Thetford Mines/Victoriaville and its transmitter - Licence renewal

1.

In Public Notice CRTC 2002-23, 6 May 2002, the Commission announced that it had received an application by Réseau des Appalaches (FM) ltée (Réseau des Appalaches) to renew the licence for the radio programming undertaking CFJO-FM Thetford Mines and its transmitter CFJO-FM-1 Lac Mégantic. Since it was unable to rule on this application before the expiration of the licence, the Commission in Three-month administrative renewals, Broadcasting Decision CRTC 2002-236, 22 August 2002, renewed the licence from 1 September 2002 to 30 November 2002.

Intervention

2.

The Commission received an intervention by Radio Gaé-Rit inc., licensee of CJIT-FM Lac Mégantic, opposing the licence renewal for CFJO-FM's transmitter, CFJO-FM-1 Lac Mégantic. The intervener opposed the fact that the licensee had opened an auxiliary studio in Lac Mégantic, which the intervener considered would be in competition with CJIT-FM for [translation] "a significant share of an already meagre national advertising revenue pool."

3.

In addition, the intervener submitted that CFJO-FM's programming included only short local cutaways originating from the auxiliary studio in Lac Mégantic. Consequently, the intervener asked the Commission to impose a condition of licence prohibiting CFJO-FM from soliciting or accepting local advertising within the area served by CJIT-FM's 3mV/m  contour, namely Lac Mégantic. The intervener argued that the Commission should apply the provisions of Policies for local programming on commercial radio stations and advertising on campus stations, Public Notice CRTC 1993-38, 19 April 1993 (the policy on local programming; Public Notice 1993-38), which stipulates that "commercial FM stations in markets served by more than one private commercial station must devote at least one-third of the broadcast week to local programming."

The licensee's response

4.

In response, Réseau des Appalaches noted that:

§ since its inception in 1989, CFJO-FM's mandate has been to serve the listening audience of Lac Mégantic, Thetford Mines and Victoriaville;

§ CFJO-FM broadcasts news and events relating to Lac Mégantic at different times of the day;

§ the purpose of opening an auxiliary office in Lac Mégantic was to improve the quality of information relating to Lac Mégantic; and

§ since its inception, CFJO-FM has always maintained a commercial service in Lac Mégantic.

The Commission's analysis and conclusion

5.

The Commission finds that Radio Gaé-Rit inc.'s perception of CFJO-FM-1 as a distinct radio station is not correct because all the local programming from Lac Mégantic is broadcast using the Thetford Mines main transmitter, CFJO-FM.

6.

The Commission's practice is to apply the local programming policy, as set out in
Public Notice 1993-38, to the originating station which, in this case, is CFJO-FM. Since CFJO-FM currently broadcasts more than 42 hours of local programming per week, it is operating in compliance with this policy.

7.

Moreover, the Commission notes that CFJO-FM was given authorization to serve the same market at the time of its last licence renewal and that the intervener was aware of that fact when it acquired CJIT-FM (formerly CKFL) in 1998. Lac Mégantic is an integral part of CFJO-FM's market, and the Commission agrees that the opening of a studio in Lac Mégantic serves to improve and diversify the service provided to the listening audience of this community.

8.

Accordingly, the Commission renews the broadcasting licence for the radio programming undertaking CFJO-FM Thetford Mines/Victoriaville and its transmitter CFJO-FM-1 Lac Mégantic from 1 December 2002 to 31 August 2009. The licence will be subject to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999.

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

Date Modified: 2002-11-06

Date modified: