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Broadcasting Decision CRTC 2003-526
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Ottawa, 28 October 2003
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Radio-Classique Montréal inc.
Montréal, Quebec
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Application 2002-0453-7
Broadcasting Public Notice CRTC 2002-68
5 November 2002
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CJPX-FM Montréal - Licence renewal
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The Commission renews the broadcasting licence for the radio programming undertaking CJPX-FM Montréal, from 1 December 2003 to 31 August 2010.
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The application
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1.
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The Commission received an application by Radio-Classique Montréal inc. (Radio-Classique) to renew the broadcasting licence for the radio programming undertaking CJPX-FM Montréal, 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 CJPX-FM's 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 that it was concerned about the use of the streamlined process for this application. ADISQ submitted that there were not enough evaluation of the station's compliance 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 stations are in non-compliance with their existing licences or with Commission regulations," ADISQ asked that the Commission:
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- hold a full public proceeding on CJPX-FM's renewal application; or
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- require that CJPX-FM file annual compliance reports with the Commission on Canadian content, French-language vocal music, and Canadian talent development contributions, as a condition of eligibility for the streamlined renewal process.
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4.
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ADISQ considered that the licensee should, for the next licence term, increase the current percentage of Canadian music it broadcasts. ADISQ further noted that during the current licence term the amount of the licensee's annual contribution to Canadian talent development was less than the $27,000 set out for the Montreal market under the Canadian talent development plan established by the Canadian Association of Broadcasters (CAB). ADISQ therefore recommended that the licensee commit to contribute $27,000 per year to MusicAction.
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The licensee's reply
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5.
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Radio-Classique indicated that CJPX-FM is capable of doubling the minimum percentage of 10% of Canadian content for musical selections from category 3 (special interest) required under the Radio Regulations, 1986. Radio-Classique further indicated that it was more important to invest in the development of young talent than to contribute to the Canadian talent development plan of the CAB. The licensee therefore state that, although it would be willing to contribute $27,000 per year to elegible third parties in accordance with the CAB's Distribution Guidelines for Canadian Talent Development, it would prefer to contribute to events or associations such as Les Petits Violons, Orchestre Symphonique des Jeunes de Montréal, École Marguerite de la Jemmerais and Les Lundis Classiques du Rideau Vert. The licensee considered that it would be impossible for it to continue to do this while also contributing to MusicAction.
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6.
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Furthermore, Radio-Classique noted that the Commission proposed the streamlined process for [translation] "the stations that fulfill their commitments."
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The Commission's analysis and determination
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7.
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The Commission stated in Circular 2002-448 that the streamlining initiatives it has adopted in recent years in order to lighten the regulatory burden 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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8.
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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.
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9.
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The Commission notes that Radio-Classique is prepared to accept a condition of licence that would oblige it to double to 20 percent the minimum percentage of Canadian content for musical selections from category 3 (special interest). Accordingly, a condition to this effect is set out in the appendix to this decision.
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10.
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The Commission considers that the third parties to which the licensee has chosen to receive its annual contribution for Canadian talent development are appropriate. It further notes that the amount of the annual contribution is in line with that established for French-language stations in the Montréal market.
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11.
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The Commission considers that CJPX-FM is in compliance with Commission policies and regulations. It further notes that ADISQ did not demonstrate or allege that the station was 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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12.
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The Commission renews the broadcasting licence for the radio programming undertaking CJPX-FM Montréal, 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, with the exception of conditions of licence No. 5 and 8. The licence will also be subject to the conditions set out in the appendix to this decision.
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13.
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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.
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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: http://www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2003-526
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Conditions of licence
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1. The station shall be operated within the Specialty format as defined in A Review of Certain Matters Concerning Radio, Public Notice CRTC 1995-60, 21 April 1995, or as amended from time to time by the Commission.
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2. The licensee shall, in a broadcast week, devote 20% or more of its musical selections from content category 3 (special interest) to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.
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3. The licensee may use two Subsidiary Communications Multiplex Operations (SCMO) channels to broadcast, in each broadcast week, 168 hours of programming in the Tamil-language, supplied by Geetha Vaani, as well as 161 hours of programming in Creole and 7 hours in French originating from Montréal and Haiti on the second channel.
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4. The licensee shall broadcast, in each broadcast week, a minimum of 42 hours of local programming.
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5. The licensee shall allocate a minimum of $27,000 annually to direct expenditures for the development and promotion of Canadian talent.
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Date Modified: 2003-10-28