ARCHIVED - Broadcasting Decision CRTC 2010-331This page has been archived on the WebInformation identified as archived on the Web is for reference, research or recordkeeping purposes.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. | |
| Route reference: 2010-174 | |
| Ottawa, 31 May 2010 | |
| Astral Media Radio inc. | |
| Application 2009-1499-6, received 4 November 2009 | |
CIMO-FM Magog and its transmitter CIMO-FM-1 Sherbrooke – Licence renewal and amendment | |
| The Commission renews the broadcasting licence for the French-language commercial radio station CIMO-FM Magog and its transmitter CIMO-FM-1 Sherbrooke, Quebec for a short-term period of four years. This short-term renewal will allow the Commission to review the licensee's compliance with its obligations and conditions of licence at an earlier date. | |
Introduction | |
| 1. | The Commission received an application from Astral Media Radio inc. (Astral) to renew the broadcasting licence for the French-language commercial radio undertaking CIMO-FM Magog and its transmitter CIMO-FM-1 Sherbrooke, which expires on 31 May 2010.1 |
| 2. | Astral also proposed to amend CIMO-FM's licence by removing the condition of licence regarding the provision of annual reports on the diversity of musical selections. The Commission imposed that condition in Broadcasting Decision 2002-90, in which it approved applications from Astral seeking authorization to acquire effective control of 3903206 Canada Inc., of Telemedia Radio Atlantic Inc. and of 50% of Radiomedia Inc. by acquiring all shares held directly or indirectly by Telemedia Radio Inc. in those corporations. |
| 3. | In connection with the above-mentioned applications and in response to concerns voiced by the Commission and interveners, Astral committed to strengthen the complementarity of formats among the three networks it would own and to develop programming that would further differentiate the stations of the Radio Énergie (now NRJ) network from those of the Radio Rock Détente network. Regarding monitoring mechanisms, Astral proposed to file an annual report on the diversity of musical selections and Canadian Francophone artists aired during the previous year on each of its predominantly music-based network services, Radio Énergie and Radio Rock Détente. The applicant stated that this would serve as an uncomplicated mechanism that would enable the Commission and the public to follow its progress in this regard. The condition of licence reads as follows: For the FM stations, submission by the licensee, in each broadcast year starting in 2003 and until expiry of the implementation period for the benefits related to this transaction, of a report, in a form acceptable to the Commission, on the diversity of musical selections broadcast by the two predominantly music-based FM networks, Radio Énergie and Radio Rock Détente. |
| 4. | The Commission received two general comments regarding this application: one from the Canadian Society for the Recording Arts and one from the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ). Astral replied to ADISQ's comments. The interventions and the applicant's reply can be found on the Commission's website at www.crtc.gc.ca under "Public Proceedings." |
Commission's analysis and determination | |
| 5. | Having reviewed the application in light of applicable policies and regulations, the Commission is of the view that the issue to be determined is the applicant's apparent non-compliance with the obligation to file annual reports. |
| 6. | The Commission notes that the licensee failed to meet its obligations under section 9(2) of the Radio Regulations, 1986 regarding the provision of annual financial reports for the 2003 broadcast year. |
Obligation to file annual reports on the diversity of musical selections | |
| 7. | Regarding the application to amend CIMO-FM's licence by removing the condition of licence regarding the provision of annual reports on the diversity of musical selections, Astral stated that among FM station private ownership groups in Quebec, it alone is subject to this requirement. It added that the context in contemplation of which the condition was imposed never materialized and is completely different today. |
| 8. | Astral also stated that the annual reports it has filed since 2003 show that any concerns there might have been regarding the risk of common ownership of networks proved to be unfounded. |
| 9. | The Commission notes that the condition of licence in question was imposed for a specified period that has come to an end. The condition is no longer considered necessary and therefore will not be reimposed. |
Conclusion | |
| 10. | In light of the above, the Commission renews the broadcasting licence for the French-language commercial radio programming undertaking CIMO-FM Magog and its transmitter CIMO-FM-1 Sherbrooke from 1 June 2010 to 31 August 2013, i.e. four years from the original expiry date of 31 August 2009. This short-term renewal will allow the Commission to review the licensee's compliance with its obligations and conditions of licence at an earlier date. |
Employment equity | |
| 11. | Because the licensee is subject to the Employment Equity Act and files reports with the Department of Human Resources and Skills Development, its employment equity practices are not examined by the Commission. |
| Secretary General | |
| Related documents | |
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| *This decision is to be appended to the licence. |
Appendix to Broadcasting Decision CRTC 2010-331 | ||
Terms and conditions of licencefor the French-language commercial FM radio programming undertaking CIMO-FM Magog and its transmitter CIMO-FM-1 Sherbrooke, Quebec | ||
Terms | ||
| The licence will expire 31 August 2013. | ||
Conditions of licence | ||
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Footnote:
1 The Commission administratively renewed CIMO-FM's licence from 1 September to 31 December 2009 and from 1 January to 31 May 2010 in Broadcasting Decisions 2009-506 and 2009-785 respectively.
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