ARCHIVED - Broadcasting Decision CRTC 2004-518

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.


Broadcasting Decision CRTC 2004-518

  Ottawa, 26 November 2004
  Radio Beauséjour Inc.
Moncton, New Brunswick
  Application 2003-1129-1
Public Hearing in Halifax, Nova Scotia
1 March 2004

Community radio station in Moncton

  The Commission approves the application by Radio Beauséjour Inc. for a broadcasting licence to operate a French-language Type B community FM radio station in Moncton, New Brunswick.
  The Commission's general approach to the radio applications considered at the 1 March 2004 Public Hearing in Halifax is set out in Introduction to Broadcasting Decisions CRTC 2004-513 to 2004-525 - Licensing of new FM radio stations in Halifax, Moncton, Saint John and Fredericton, Broadcasting Public Notice CRTC 2004-91, also issued today.



The Commission received an application by Radio Beauséjour Inc. (Radio Beauséjour) for a broadcasting licence to operate a French-language Type B community FM radio programming undertaking in Moncton, New Brunswick. The new station would operate at 90.7 MHz (channel 214B) with an effective radiated power of 30,000 watts.


Radio Beauséjour is a not-for-profit organization and the licensee of CJSE-FM Shediac, a French-language Type B community FM radio programming undertaking, which is also available in Moncton.


The Commission considered Radio Beauséjour's application at a public hearing convened in Halifax on 1 March 2004. At the hearing, the Commission examined four applications for new radio stations in the Moncton region: two for English-language commercial stations, one for a low-power tourist information service and one for a French-language Type B community station. The Commission's general approach to the radio applications considered at the 1 March 2004 Public Hearing in Halifax is set out in Introduction to Broadcasting Decisions CRTC 2004-513 to 2004-525 - Licensing of new FM radio stations in Halifax, Moncton, Saint John and Fredericton, Broadcasting Public Notice CRTC 2004-91, also issued today. Based on the record of the hearing, the Commission considers that the Moncton market can accommodate three new radio stations, including a French-language community station, an English-language commercial station, and an English-language low-power tourist information service.

Overview of the application


Radio Beauséjour stated that the station would target the urban audience through programming that is more contemporary than that offered by CJSE-FM and that the two stations would together provide better service to the community. The applicant specified that CJSE-FM would target listeners who like country music, namely rural listeners, while the proposed station would target listeners who like pop rock and more alternative music, namely urban listeners.


The applicant proposed that the new station would broadcast 110 hours of programming in each broadcast week, with at least 75 hours to be produced by the station. In each broadcast week, the station would air 35 hours of programming originating with the Réseau Francophone d'Amérique (RFA). The station would broadcast a music format that would include popular music, rock and dance music, world music and international music, jazz and blues, and non-classical religious music. The programming would also consist of features, information programs, public affairs programs and newscasts.


The applicant stated that the proposed station's spoken word programming and music programming would be different from that offered by commercial radio stations. The station would broadcast more music by new and local talent, and more music not generally broadcast by commercial stations.


At the hearing, Radio Beauséjour also confirmed that it would comply with the provision set out in the Community Radio Policy, Public Notice CRTC 2000-13, 28 January 2000 (Community Radio Policy) that at least 25% of the programming aired in each broadcast week be spoken word, with an emphasis on community-oriented spoken word. The applicant stated that this percentage could be closer to 32%. Radio Beauséjour made a commitment to devote seven hours in each broadcast week to local newscasts. In addition, the applicant committed to ensure that its music programming offering complies with or surpasses the standards and percentages set out in the Community Radio Policy.


With respect to volunteer participation, the applicant emphasized that many individuals have already expressed an interest in producing programs for CJSE-FM. The applicant stated that the proposed station would enable it to better accommodate these individuals. The applicant also submitted that a studio giving people in the northern area of the region access to CJSE-FM would also be made available to volunteers for the proposed station. In addition, last year, Radio Beauséjour implemented a coaching program for its volunteers to help them better understand presentation and interview techniques. Radio Beauséjour added that volunteers are currently training at CJSE-FM in preparation for the proposed station.


The applicant stated that, although CJSE-FM and the proposed station would share one administrative system, each station would have its own independent newsroom.


In its application, Radio Beauséjour stated that it would continue to promote Canadian artists through a number of projects, including preparing Francophone and Acadian hit charts, and participating in large-scale activities in the region such as the Francofête de l'Acadie and the Fête nationale acadienne. The applicant would also continue to oversee the live broadcast on RFA of the Gala des prix Étoile de l'Association acadienne des artistes professionnels du Nouveau-Brunswick. In addition, the applicant would continue to be associated with a number of presentation projects so that listeners and other radio stations in the region can get to know various artists.



The Commission received ten interventions in connection with this application: nine in support, and one in opposition by Denis Losier, the owner of the French-language commercial radio station CHOY-FM Moncton.


According to Mr. Losier, the approval of Radio Beauséjour's application, which would thereby award it a second French-language FM station in Moncton, would have a negative impact on CHOY-FM. Mr. Losier stated that CHOY-FM's advertising revenues were significantly affected during its first two years of operation by the economic situation and the shock of 11 September 2001. As a result, the station has registered losses since it began operating in February 2001. However, Mr. Losier stated that with the current upswing in Moncton's economy, CHOY-FM is starting to show signs of improvement.


Mr. Losier also emphasized that Radio Beauséjour had presented essentially the same proposal in an application filed only three years ago. The intervener added that the previous application was denied in New Commercial French-language FM radio service in Moncton, Decision CRTC 2000-361, 24 August 2000, because the Commission had concluded that Radio Beauséjour had been unable to establish that the proposed urban radio service would be truly distinct in nature from CJSE-FM. According to the intervener, the applicant has not submitted clear evidence that this new proposal differs from the previous proposal.


Mr. Losier argued that the proposed station would not make a substantial contribution to the region in terms of diversity of the market. In Mr. Losier's view, the applicant did not present any credible evidence that there is demand in the market for another French-language FM station.


The intervener also indicated that, in his opinion, community radio stations should operate in areas not served by the private sector because the advertising base is so small.

The applicant's reply


In response to Mr. Losier's intervention, the applicant submitted that, in contrast to the intervener, who has incurred losses as a result of the recession and the aftermath of 11 September 2001, Radio Beauséjour has generated profits.


According to Radio Beauséjour, CHOY-FM's impact on the region is minimal. The applicant stated that CHOY-FM offers a music format identical to those broadcast by its other partner or by competing English-language stations. The applicant further stated that CHOY-FM provides little spoken word content or coverage of events. The applicant added that CJSE-FM's success can be attributed to the high quality of its programming as well as its ability to be responsive to its audience and its commitment to its listeners.


The applicant acknowledged that this application for a second community radio licence in the same market is a first in Canada. However, the applicant added that the proposed station would meet specific needs that cannot be met by CJSE-FM, CHOY-FM or any other French-language station in the region. The proposed station would offer musical selections that other commercial and community radio stations do not broadcast. The applicant indicated that, given CJSE-FM's current format, the station can no longer continue to simultaneously meet the needs of its rural and urban listeners because socio-economic, cultural and artistic realities are manifested in a diversity that is not always easily served. A general-interest radio station has difficulties responding to the different segments of its audience. A second community radio licence would enable Radio Beauséjour to meet the needs of both segments of its audience.


The applicant stated that its present application is supported by local individuals and organizations as was its application in 2000. According to Radio Beauséjour, the proposed station would support multicultural development, enhance the vitality of the minority Acadian community, and promote better understanding of the Canadian mosaic and different cultures of the world. Radio Beauséjour stated that the proposed station would also fully comply with the Community Radio Policy.


With respect to the intervener's comments that community radio stations should operate in areas not served by the private sector, the applicant responded that, in its opinion, the private sector opposes community radio stations solely for financial reasons. According to Radio Beauséjour, community radio focuses on the human aspects of broadcasting, not just on profits.

The Commission's analysis and determination


As indicated in the Introduction, the Commission has considered this application in light of the provisions of the Community Radio Policy. In its evaluation of this application, the Commission has also carefully considered the views of the applicant and of the interveners.


The Commission considers that the application complies with all aspects of the Community Radio Policy. Furthermore, the Commission notes that Radio Beauséjour plays an important part in RFA's structure and that the applicant is considered to be a role model, particularly for other French-language community radio stations in minority communities.


The Commission considers that the addition of a new French-language station in the Moncton radio market will enhance the overall diversity of French-language radio in that market and, consequently, draw listeners back to French-language stations. In the Commission's view, a community radio station will attract volunteers and the proposed station will benefit from certain administrative and technical synergies with its sister station CJSE-FM. The Commission also considers that the proposed community radio station will be less competitive for advertising revenues in the market than a commercial station, which is completely dependent upon advertising revenues.


The Commission recognizes that awarding a second community radio station licence to the same licensee in the same market creates a precedent. Nevertheless, the Commission considers that this second station will respond to needs not being met by CJSE-FM or by the introduction of CHOY-FM. Furthermore, the Commission notes that the Community Radio Policy does not set a limit on the number of stations that a licensee may operate.


The Commission agrees that the introduction of the proposed station into the Moncton market will affect CHOY-FM. The Commission, however, considers that the benefits that will be realised by the proposed station for the community will counterbalance the potential impact on CHOY-FM.


The Commission notes that the proposed station's programming will be different from that offered by other radio stations in the region. The Commission also considers that, based on the applicant's description of how employees and volunteers would be exchanged between CJSE-FM and the proposed station, the applicant has clearly established separate teams of employees to work at the two stations and that the treatment of information will, thereby, be different.


With respect to Mr. Losier's comments that this application does not differ from the one filed by Radio Beauséjour in 2000, the Commission notes that the context of this application is different, even if the content is not substantially different. Radio Beauséjour's 2000 application was competitive with an application by CHOY-FM for a French-language commercial radio station to serve a market where there were no French-language commercial radio stations. Accordingly, the Commission awarded the licence to CHOY-FM in order to balance the market and to provide an opportunity for the establishment of a French-language commercial radio station in that market.


In light of the above, the Commission approves the application by Radio Beauséjour Inc. for a broadcasting licence to operate a French-language Type B community FM radio programming undertaking in Moncton, New Brunswick at 90.7 MHz (channel 214B) with an ERP of 30,000 watts.


The licence will expire 31 August 2011 and will be subject to the conditions of licence set out in New licence form for community radio stations, Public Notice CRTC 2000-157, 16 November 2000.

Issuance of the licence


The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.


The Commission reminds the applicant that, pursuant to subsection 22(1) of the Broadcasting Act,no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.


The licence for this undertaking will be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and, in any event, no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 26 November 2006. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.

Employment equity


The Commission considers that community radio stations should be particularly sensitive to employment equity issues in order to fully reflect the communities they serve. It encourages the applicant to consider these issues in its hiring practices and in all other aspects of its management of human resources. 
  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: 

Date Modified: 2004-11-26

Date modified: