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ARCHIVED - Broadcasting Decision CRTC 2004-392

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Broadcasting Decision CRTC 2004-392

  Ottawa, 31 August 2004
  Astral Media Radio inc.
Rouyn-Noranda and La Sarre, Quebec
  Application 2003-0920-5
Broadcasting Public Notice CRTC 2003-55
1 October 2003
 

CJMM-FM Rouyn-Noranda and its transmitter - Licence renewal

  The Commission renews the broadcasting licence for the radio programming undertaking CJMM-FM Rouyn-Noranda and its transmitter CJMM-FM-1 La Sarre, from 1 September 2004 to 31 August 2011.
 

The application

1.

The Commission received an application by Astral Media Radio inc. (Astral) to renew the broadcasting licence for the radio programming undertaking CJMM-FM Rouyn-Noranda and its transmitter CJMM-FM-1 La Sarre, which expires on 31 August 2004.
 

Intervention

2.

The Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) filed an intervention concerning this application. ADISQ made general comments regarding the streamlined process set out by the Commission in The CRTC Streamlines Radio Renewals Process, Broadcasting Circular CRTC 2002-448, 7 June 2002 (Circular 2002-448). ADISQ noted that, in Circular 2002-448, the Commission stated that it would "assess the effectiveness of this streamlining measure after the 2003 radio renewal round has been completed." The intervener also commented on the renewal of the CJMM-FM licence.

3.

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, nor was there enough information on the public file for it to determine whether or not to support the licence renewal for a seven-year term. ADISQ asked that the Commission hold a full public proceeding on the CJMM-FM renewal application, and, as a condition of eligibility for future streamlined renewal processes, that the Commission require that CJMM-FM file with the Commission:
 
  • annual compliance reports on Canadian content and French-language vocal music;
 
  • a report demonstrating that the station provides access to the airwaves to French-language Canadian artists and offers a variety of their musical selections; and
 
  • a separate compliance report on Canadian talent development (CTD) contributions, to be placed on the public file.

4.

ADISQ also noted that the current proceeding would provide the first opportunity to review the licensee's initiatives since the Commission approved the transfer of control of 3903206 Canada Inc., Telemedia Radio Atlantic Inc. and 50% of Radiomedia inc. to Astral 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).
 

The licensee's reply

5.

Astral submitted that the Commission should continue to use its streamlined renewal process for radio licences, given that the process does not adversely affect interested parties, licensees, the Commission or the public.

6.

According to Astral, an analysis conducted by the Commission during the current licence term clearly indicated that CJMM-FM and CJMM-FM-1 met 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.

7.

With respect to ADISQ's suggestion that the Commission use the current proceeding to review the licensee's initiatives since it acquired control of 3903206 Canada Inc., Telemedia Radio Atlantic Inc. and 50% of Radiomedia Inc., Astral stated that ADISQ had the opportunity to comment on the transfer of control at the public hearings related to this matter. Astral further stated that, in fact, the Commission discusses ADISQ's position concerning the transfer in Decision 2002-90 and in Licence amendments pursuant to Broadcasting Decision CRTC 2002-90, Broadcasting Decision CRTC 2003-206, 2 July 2003.
 

The Commission's analysis and determination

8.

The Commission notes ADISQ's comments regarding the streamlined renewal process for radio licences. 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 also stated in Circular 2002-448 that it would assess the effectiveness of this streamlining measure after the 2003 radio renewal round had been completed.

9.

The Commission addressed ADISQ's concerns in a number of renewal decisions issued in October and November 2003. In particular, the Commission stated that, while it has adopted streamlining initiatives to lighten the regulatory burden for licensees, it will continue to carry out its supervisory role through its ongoing compliance monitoring activities. Such monitoring activities include checking logger tapes, playlists, logs and a sampling of the programming broadcast by the stations. The Commission also considers all complaints filed, as well as any negative rulings issued by the Canadian Broadcast Standards Council.

10.

The Commission also assesses the information contained in the annual reports filed by licensees concerning CTD initiatives, and examines the performance of licensees with respect to their individual commitments or conditions of licence, as specified in previous renewal and other decisions.

11.

While the Commission recognizes that these reports may not always have been readily available on the public record, the Commission has now taken steps to ensure that these reports can be accessed on its website. Moreover, it is convinced that the additional steps proposed by ADISQ, namely, that licensees be required to file additional reports, would add to the administrative burden faced by broadcasters.

12.

The Commission has also assessed the effectiveness of the streamlining measures it has introduced, and will soon issue a circular detailing its conclusions with respect to this approach.

13.

The Commission considers that CJMM-FM is in compliance with its conditions of licence and the regulations. Further, it notes that ADISQ did not demonstrate or allege that the station was not in compliance. The Commission is of the view that the streamlined renewal process it has employed in the case of CJMM-FM has been appropriate under the circumstances.

14.

On the basis of its review of this licence renewal application and its past performance, the Commission renews the broadcasting licence for the radio programming undertaking CJMM-FM Rouyn-Noranda and its transmitter CJMM-FM-1 La Sarre, from 1 September 2004 to 31 August 2011. 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 and to the following condition of licence:
 
  • The licensee shall make an annual payment to MusicAction of $400, pursuant to the terms of Implementation of the New Approach to Canadian Talent Development, Public Notice CRTC 1996-114, 19 August 1996.

15.

The Commission reminds the licensee that it must fulfil all of the benefits commitments set out in Decision CRTC 2000-5, 12 January 2000, and in Decision 2002-90.
  Employment equity

16.

Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with theDepartment of Human Resources and Skills Development, its employment equity practices are not examined by the Commission.
  Secretary General
   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 

Date Modified: 2004-08-31

Date modified: