Broadcasting Decision CRTC 2016-33

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Reference: 2015-303

Ottawa, 29 January 2016

Le son du 49e
Lebel-sur-Quévillon, Quebec

Application 2015-0383-9, received 28 April 2015
Public hearing in the National Capital Region
10 September 2015

Low-power community FM radio station in Lebel-sur-Quévillon

The Commission approves, subject to a condition of approval, an application for a broadcasting licence to operate a low-power, French-language community FM radio station in Lebel-sur-Quévillon.

The Commission imposes on the applicant a condition of approval requiring that certain documents be filed beforehand, without which a licence cannot be issued.

Application

1. Le son du 49e filed an application for a broadcasting licence to operate a low-power, French-language community FM radio station in Lebel-sur-Quévillon, Quebec.
2. The station would operate at 97.9 MHz (channel 250LP) with an effective radiated power of 50 watts (non-directional antenna with an effective height of antenna above average terrain of 33.8 metres).^{Footnote 1}
3. The applicant indicated that the station would broadcast a total of 126 hours of local programming per broadcast week. This programming would include, among other things, local and regional news, spoken word programs, as well as musical selections drawn from content categories 2 (Popular Music) and 3 (Special Interest Music). It would also be comprised of daily programs, local news, weather, sports and in-depth spoken word programming reflective of the realities of the Lebel-sur-Quévillon community and focusing on issues such as health, nutrition and the economy.
4. The applicant wishes to use the community radio station to promote new and established local artists working in various disciplines (music and spoken word).
5. Le son du 49e is a not-for-profit corporation controlled by its board of directors.
6. The Commission received two interventions in support of this application. The first was from the municipality of Lebel-sur-Quévillon, and the second was a letter of support signed by 25 residents of Lebel-sur-Quévillon. The public record for this application can be found on the Commission’s website at www.crtc.gc.ca or by using the application number provided above.

Commission’s analysis

7. After examining the public record for this application in light of applicable regulations and policies, the Commission considers that the applicant’s proposal for the new radio station reflects most of the objectives, role and mandate of community radio stations set out in the Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010 (the Policy). The sole issue that the Commission has considered in greater depth relates to ownership of the station.
8. The Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) (the Direction) prohibits the issuance of broadcasting licences to municipal governments. However, the Direction does not in any way prevent a municipal employee from participating in the operations of a broadcasting undertaking, as an individual and a volunteer, in a manner unrelated to his or her duties as a municipal employee.
9. The applicant explained that to give life to a local community radio station for Lebel-sur-Quévillon, it was necessary that the city itself lead the project. To that end, the city agreed to provide, at a reasonable cost, premises for the operation of the station, which is located on city property, and to subsidize the installation of an antenna tower and the purchase of equipment. It further agreed to cover the cost of the studies needed to prepare the documents to submit to the Department of Industry (the Department) and the Commission, and issued an invitation to residents to become involved in the new station. Finally, it initiated the application for Le son du 49e, whose board of directors is temporarily composed of three city employees and the city’s mayor.
10. In addition, Le son du 49e’s by-laws stipulate that should it be dissolved or its assets be distributed, those assets will revert to the city.
11. As regards compliance with the Direction, the Commission notes the applicant’s statement that the city’s involvement was necessary to launch the project and that the presence of city employees on the board of directors is only temporary. In that regard, the applicant:
    • filed a letter signed by the city’s Director General and Clerk, which specifies and certifies that Le son du 49e is independent of the city;
    • explained that the reason for the dissolution clause is solely to ensure that the equipment is kept in Lebel-sur-Quévillon should Le son du 49e be dissolved; and
    • agreed to file revised, compliant by-laws following the constitutive meeting, after which the city will withdraw from the file and will not hold a director’s position on the board of directors.
12. In light of the above, the Commission finds that with respect to the station’s ownership, the applicant should amend Le son du 49e’s by-laws to be in compliance with the Direction. Before the Commission can issue a licence, the applicant must review the terms of the board of directors, file an updated list of this board’s members and executive staff, and file any agreement or arrangement between Le son du 49e and the city.

Conclusion

13. As set out in the Policy, the Commission expects community radio stations to provide programming that differs in style and substance from that provided by other elements of the broadcasting system, particularly commercial radio stations and the Canadian Broadcasting Corporation. Their programming should consist of music, especially Canadian music, not generally heard on commercial stations (including special interest music and styles of popular music seldom broadcast), in-depth spoken word programming and programming targeted to specific groups within the community.
14. The Commission considers that this application is consistent with the provisions for community radio stations set out in the Policy. Accordingly, the Commission approves, subject to a condition of approval, the application by Le son du 49e for a broadcasting licence to operate a low-power, French-language community FM radio programming undertaking in Lebel-sur-Quévillon, Quebec. The terms and conditions of licence are set out in the appendix to this decision.
15. In addition, the Commission requires, as a condition of approval, that Le son du 49e file the following documents by no later than 27 July 2016:
    • Le son du 49e’s amended by-laws, which must be compliant with the Direction and confirm the station’s independence from Lebel-sur-Quévillon;
    • an updated list of the members of the board of directors and executive staff; and
    • any agreement or arrangement between Le son du 49e and Lebel-sur-Quévillon.
16. No broadcasting licence will be issued until the documents have been filed and deemed acceptable by the Commission.

Secretary General

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2016-33

Terms, conditions of licence, expectation and encouragement for the low-power French-language community FM radio programming undertaking to serve Lebel-sur-Quévillon, Quebec

Terms

The station will operate at 97.9 MHz (channel 250LP) with an effective radiated power of 50 watts (non-directional antenna with an effective height of antenna above average terrain of 33.8 metres).

Pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department of Industry (the Department) notifies the Commission that the technical requirements have been met and that a broadcasting certificate will be issued.

Given that the technical parameters approved in this decision are for a low-power unprotected FM service, the applicant will have to select another frequency if the Department so requires.
Furthermore, 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 29 January 2018. In order to ensure that such a request is processed in a timely manner, it should be submitted in writing at least 60 days before that date.

Conditions of licence

1. The licensee shall adhere to the conditions set out in broadcasting licence for the undertaking as well as the conditions set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012.

Expectation

As set out in Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010, the Commission expects all community and campus radio station licensees to file yearly updates on the composition of their boards of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections, or at any other time. As noted in Appendix 3 to that regulatory policy, licensees may submit such documentation via the Commission’s website.

Encouragement

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.

Date modified:

2016-01-29