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Broadcasting Decision CRTC 2003-563
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Ottawa, 14 November 2003
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Astral Radio inc.
Québec, Quebec
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Application 2002-0436-3
Broadcasting Public Notice CRTC 2002-68
5 November 2002
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CHRC Québec - Licence renewal
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The Commission renews the broadcasting licence for the radio programming undertaking CHRC Québec, 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 originally submitted by Radiomédia inc., a corporation now merged with Astral Radio inc. (Astral) to renew the broadcasting licence for the radio programming undertaking CHRC Québec, 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 CHRC 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 CHRC renewal application; or
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- require that CHRC 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 licensee'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, given that the process that has been the subject of consultations and enjoys wide support.
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5.
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The licensee noted that it must submit annual reports on musical diversity and Canadian artists for each calendar year beginning in 2003, according to the condition of approval set out in Transfer of control of 3903206 Canada Inc., of Telemedia Radio Atlantic Inc. and of 50% of Radiomedia Inc. to Astral Radio Inc.,Broadcasting Decision CRTC 2002-90, 19 April 2002 (Decision 2002-90). Astral considered that these reports should adequately answer any of ADISQ's concerns.
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6.
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According to Astral, an analysis conducted by the Commission during the current licence term clearly indicated that CHRC exceeded the required levels of Canadian and French-language music selections. Consequently, the licensee submitted that it had earned the right to a full-term licence renewal.
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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 Commission is satisfied with the measures taken by the licensee to correct its non-compliance observed during the previous licence term and considers that CHRC is now operating in compliance with the terms of the Radio Regulations, 1986 and its conditions of licence.
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10.
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The licence is subject to a condition regarding the broadcasting of minimum levels of local programming and news, as stated in Licence amendments pursuant to Broadcasting Decision CRTC 2002-90, Broadcasting Decision CRTC 2003-206, 2 July 2003 (Decision 2003-206). A condition of licence to this effect is set out in the appendix to this decision. In addition, the licensee shall adhere to the provisions set out in Decisions 2002-90 and 2003-206.
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11.
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Furthermore, the Commission reminds the licensee that it must submit annual reports on musical diversity and Canadian artists for each calendar year, as was noted in the licensee's reply. The Commission considers that these reports will answer any concerns ADISQ might have.
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12.
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The Commission considers that CHRC 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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13.
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Accordingly, the Commission renews the broadcasting licence for the radio programming undertaking CHRC Québec, 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, as well as to the conditions of licence set out in the appendix to this decision.
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14.
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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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Appendix to Broadcasting Decision CRTC 2003-563
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Conditions of licence
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1. The licensee shall broadcast, in each broadcast week, a minimum of 51 hours of local programming and shall maintain the current level of 13 hours and 2 minutes of news.
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2. The licensee shall make an annual payment to MusicAction of $8,000, pursuant to the terms of Implementation of the New Approach to Canadian Talent Development, Public Notice CRTC 1996-114, 19 August 1996.
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3. The licensee shall comply fully with the guidelines on spoken word content that Radiomédia inc. submitted to the Commission on 21 December 1994.
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4. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations),
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a) in any broadcast week where at least 90% of musical selections from content category 2 that it broadcasts are selections released before 1 January 1981:
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(i) in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and
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(ii) between 6 a.m. and 6 p.m., in the period beginning on Monday of that week and ending on Friday of the same broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.
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For purposes of this condition, the terms "broadcast week," "content category" and "musical selection" shall have the meaning set out in section 2 of the Regulations.
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The Commission reminds the licensee that it must specify, on music lists provided to the Commission, the year of release for all musical selections broadcast.
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Date Modified: 2003-11-14