ARCHIVED - Broadcasting Decision CRTC 2002-419

Broadcasting Decision CRTC 2002-419

Ottawa, 10 December 2002

591991 B.C. Ltd.
Amqui, Quebec

Application 2002-0010-6
Public Hearing in the National Capital Region
15 July 2002

CFVM Amqui - conversion to FM band

The Commission approves the application by 591991 B.C. Ltd., a wholly-owned subsidiary of Corus Entertainment Inc., for a broadcasting licence to operate a French-language radio programming undertaking in Amqui to replace the AM station CFVM.

The application

1.

The Commission received an application from 591991 B.C. Ltd. for approval to convert radio station CFVM Amqui from the AM band to the FM band. The new station would operate on frequency 99.9 MHz (channel 260C1) with an effective radiated power of 23,800 watts.

2.

The new station would broadcast at least 40% locally produced programming, with the other 60% originating with a network. Spoken word programming would include local news programs, interviews and special programs of interest to the community.

The intervention

3.

The Commission received an intervention from the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) regarding the applicant's commitment to the development of Canadian talent. The intervener is not opposed to approving an FM licence for 591991 B.C. Ltd., but did submit the following comments.

4.

The ADISQ points out that in section 6.2 of the application form, the applicant commits, as a condition of licence, to taking part in the Canadian talent development plan established by the Canadian Association of Broadcasters (CAB). However, in section 3.1 - financial activities, the applicant states that it will contribute $2,000 to the development of Canadian talent. Since the applicant did not provide details on the target initiatives, ADISQ is asking the Commission to require that, as a condition of licence, the station pay its $2,000 contribution to MusicAction.

The applicant's response

5.

In its response, the applicant states that when the Canadian talent development issue was studied, two factors were taken into account: the $400 annual minimum commitment for stations the size of CFVM and the $,2000 contribution that CFVM has paid over the last 10 years to Artquimédia. The applicant explains that by making that commitment, it hoped to continue contributing to the promotion and emergence of regional talent by paying a substantial amount to an organization that clearly supports youth talent in the Amqui region.

6.

According to the applicant, the annual $2,000 contribution to Artquimédia is a significant contribution for a regional organization.

Commission analysis and conclusion

7.

The Commission considered the ADISQ intervention, and notes that CFVM's annual $2,000 contribution to Artquimédia, an eligible third-party organization supporting youth talent in the Amqui region, falls within the category of Canadian talent development projects. The Commission further notes that the applicant committed by condition of licence to take part in the plan, which for the Amqui market, represents an annual contribution of $400. The Commission expects the licensee to continue contributing to Artquimédia.

8.

The Commission therefore approves the application by 591991 B.C. Ltd. for a broadcasting licence to operate a French-language FM radio programming undertaking at Amqui to replace the AM station CFVM.

9.

The licence will expire 31 August 2009 and will be subject to the conditions set out in New licence form for commercial radio station, Public Notice CRTC 1999-137, 24 August 1999.

10.

The licensee is authorized by condition of licence to simulcast the programming of the new FM station on CFVM for a period of six months following the commencement of operations of the FM station. The licensee must surrender the AM licence for cancellation by the Commission at the end of this period.

11.

The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

12.

The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.

13.

Furthermore, the licence for this undertaking will only be issued once the licensee has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date, and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission within 10 December 2004. In order to ensure that such a request is processed in a timely manner, it should be submitted in writing at least 60 days before this date.

14.

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

Secretary General