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Broadcasting Decision CRTC 2003-560
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Ottawa, 14 November 2003
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Radio Dégelis inc.
Dégelis, Pohénégamook and Squatec, Quebec
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Application 2002-0452-9
Broadcasting Public Notice CRTC 2002-68
5 November 2002
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CFVD-FM Dégelis and its transmitters CFVD-FM-2 Pohénégamook and CFVD-FM-3 Squatec - Licence renewal
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The Commission renews the broadcasting licence for the radio programming undertaking CFVD-FM Dégelis and its transmitters CFVD-FM-2 Pohénégamook and CFVD-FM-3 Squatec, 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 Dégelis inc. (Radio Dégelis) to renew the broadcasting licence for the radio programming undertaking CFVD-FM Dégelis and its transmitters CFVD-FM-2 Pohénégamook and CFVD-FM-3 Squatec, 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 CFVD-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 not enough evaluations 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 the CFVD-FM renewal application; or
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- require that CFVD-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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4.
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ADISQ also noted that CFVD-FM had not participated in the CTD plan created by the Canadian Association of Broadcasters (CAB). Under the plan, each small market station is required to contribute $400 annually, through eligible third parties, to the development of Canadian talent. ADISQ asked the Commission to require that the licensee participate in the plan and be required by condition of licence, to contribute the full amount to MusicAction for the entire licence renewal term.
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The licensee's reply
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5.
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In reply to the ADISQ intervention, Radio Dégelis noted that the Commission proposed the streamlined process in order to [translation] "reduce the administrative burden for both the broadcasters and the members of the Commission."
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6.
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Furthermore, Radio Dégelis indicated that it made a direct contribution of $1,000 and an indirect contribution of $3,000 to Le Tremplin, Festival de la chanson et de l'humour de Dégelis. CFVD-FM also indicated that it had provided a forum for local musicians. Radio Dégelis noted, however, that it would not object if the Commission preferred that it contribute $400 to MusicAction.
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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 burdens 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 licensee will not participate in the CAB's CTD plan. Instead, it proposed to contribute toward the development of Canadian talent $1,000 annually in eligible direct cost expenditures to Le Tremplin, Festival de la chanson et de l'humour de Dégelis. A condition of licence 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 CFVD-FM is in compliance with Commission policies and regulations. It further notes that ADISQ did not 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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11.
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Accordingly, the Commission renews the broadcasting licence for the radio programming undertaking CFVD-FM Dégelis and its transmitters CFVD-FM-2 Pohénégamook and CFVD-FM-3 Squatec, 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 condition of licence No. 5, as well as to the condition set out in the appendix to this decision.
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12.
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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: www.crtc.gc.ca
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Date Modified: 2003-11-14