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Broadcasting Decision CRTC 2003-517
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Ottawa, 21 October 2003
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Astral Radio inc.
Saguenay (formerly Chicoutimi), Quebec
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Application 2002-0428-0
Broadcasting Public Notice CRTC 2003-39
23 July 2003
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CJAB-FM Saguenay - Licence renewal
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The application
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1.
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The Commission received an application by Astral Radio inc. (Astral) to renew the licence for the radio programming undertaking CJAB-FM Saguenay (formerly Chicoutimi), Quebec, which expires on 30 November 2003.
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Intervention
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2.
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The Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) filed an intervention concerning the application. ADISQ made general comments regarding the streamlined process set forth by the Commission in The CRTC Streamlines Radio Renewals Process, Broadcasting Circular CRTC 2002-448, 7 June 2002 (Circular 2002-448). The intervener also commented on the renewal of the CJAB-FM licence.
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3.
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ADISQ stated that it was not opposed in principle to the streamlined process adopted by the Commission for renewal applications that do not raise any significant concerns, but it was concerned about the use of the streamlined process for this application. ADISQ submitted that there were too few performance measures available on the station's compliance status for it to determine whether or not to support the licence renewal for a seven-year term. Although it stated that it did [translation] "not necessarily believe that the station is in non-compliance with its existing licence or with Commission regulations," ADISQ asked that the Commission:
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- hold a full public proceeding on the CJAB-FM renewal application; or
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- require that CJAB-FM file annual compliance reports with the Commission on Canadian content, French-language vocal music, and Canadian talent development (CTD) contributions, as a condition of eligibility for the streamlined renewal process.
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The applicant's reply
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4.
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Astral submitted that the Commission should continue to use its streamlined renewal process for radio licences and stated that it was confident that none of the parties involved had been adversely affected by this new administrative procedure. The applicant argued that the effect of the proposals put forward by ADISQ would be to treat Astral differently from other licensees. Astral maintained that CJAB-FM is in compliance with the Broadcasting Act, the Radio Regulations, 1986, and the Commission policies.
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The Commission's determination
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5.
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The Commission stated in Circular 2002-448 that its streamlining initiatives in recent years have assisted the licensees of broadcasting undertakings and have allowed the Commission to direct its limited resources to priority sectors. The Commission added that, while it has adopted these new initiatives, it would continue to carry out its supervisory role through its ongoing compliance monitoring activities. These monitoring activities currently include checking logger tapes, playlists, logs and a sampling of the programming broadcast by the stations.
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6.
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The Commission noted ADISQ's comments regarding the streamlined renewal process for radio licences. As stated in Circular 2002-448, the Commission will assess the effectiveness of this streamlining measure after the 2003 radio renewal round has been completed. With respect to the proposal to require annual reports on the station's compliance, the Commission notes that monitoring procedures are in place and that requiring annual reports would subject the licensee to an additional burden that does not apply to the licensees not involved in this renewal proceeding.
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7.
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The Commission considers that CJAB-FM is in compliance with Commission policies and regulations. It further notes that ADISQ did not demonstrate or allege that the station is not in compliance. The Commission is therefore of the view that the streamlined renewal process is appropriate under the circumstances and that the renewal of the licence for a seven-year term is justified.
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8.
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Accordingly, the Commission renews the broadcasting licence for the radio programming undertaking CJAB-FM Saguenay from 1 December 2003 to 31 August 2010. 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.
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9.
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The Commission reminds the licensee that it must fulfil all of the benefits commitments set out in Decision CRTC 2000-5 dated 12 January 2000, in which the Commission approved the application by Radiomutuel inc. to transfer effective control and ownership of CJAB-FM, among others, to Astral.
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10.
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Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.
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Secretary General
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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
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Date Modified: 2003-10-21