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Toutefois, la publication susmentionnée est un compte rendu textuel des délibérations et, en tant que tel, est transcrite dans l'une ou l'autre des deux langues officielles, compte tenu de la langue utilisée par le participant à l'audience.
TRANSCRIPT OF PROCEEDINGS BEFORE
THE CANADIAN RADIO‑TELEVISION AND
TELECOMMUNICATIONS
COMMISSION
TRANSCRIPTION
DES AUDIENCES DEVANT
LE
CONSEIL DE LA RADIODIFFUSION
ET
DES TÉLÉCOMMUNICATIONS CANADIENNES
SUBJECT/SUJET:
VARIOUS BROADCASTING APPLICATIONS /
PLUSIEURS DEMANDES EN RADIODIFFUSION
HELD AT: TENUE À:
Conference Centre Centre de conférences
Outaouais Room Salle Outaouais
Portage IV Portage IV
140 Promenade du Portage 140, promenade du Portage
Gatineau, Quebec Gatineau (Québec)
August 27, 2007 Le
27 août 2007
Transcripts
In order to meet the requirements of the Official Languages
Act, transcripts of proceedings before the Commission will be
bilingual as to their covers, the listing of the CRTC members
and staff attending the public hearings, and the Table of
Contents.
However, the aforementioned publication is the recorded
verbatim transcript and, as such, is taped and transcribed in
either of the official languages, depending on the language
spoken by the participant at the public hearing.
Transcription
Afin de rencontrer les exigences de la Loi sur
les langues
officielles, les procès‑verbaux pour le
Conseil seront
bilingues en ce qui a trait à la page
couverture, la liste des
membres et du personnel du CRTC participant à
l'audience
publique ainsi que la table des matières.
Toutefois, la publication susmentionnée est un
compte rendu
textuel des délibérations et, en tant que tel,
est enregistrée
et transcrite dans l'une ou l'autre des deux
langues
officielles, compte tenu de la langue utilisée
par le
participant à l'audience publique.
Canadian
Radio‑television and
Telecommunications
Commission
Conseil
de la radiodiffusion et des
télécommunications
canadiennes
Transcript
/ Transcription
VARIOUS
BROADCASTING APPLICATIONS /
PLUSIEURS
DEMANDES EN RADIODIFFUSION
BEFORE / DEVANT:
Rita Cugini Chairperson
/ Présidente
Andrée Noël Commissioner
/ Conseillère
Ronald Williams Commissioner
/ Conseiller
ALSO PRESENT / AUSSI PRÉSENTS:
Jade Roy Secretary / Secrétaire
Michael Craig Hearing Manager /
Gérant de l'audience
Stephen Millington Legal Counsel /
Conseiller
juridique
HELD AT: TENUE
À:
Conference Centre Centre de conférences
Outaouais Room Salle
Outaouais
Portage IV Portage
IV
140 Promenade du Portage 140, promenade du Portage
Gatineau, Quebec Gatineau (Québec)
August 27, 2007 Le
27 août 2007
- iv -
TABLE
DES MATIÈRES / TABLE OF CONTENTS
PAGE / PARA
PHASE I
PRESENTATION BY / PRÉSENTATION PAR:
Astral Media Radio Inc. 4 / 21
PHASE II
INTERVENTION BY / INTERVENTION PAR:
NCRA/ANREC 104 / 669
CRIA 120 / 755
PHASE I
REPLY BY / RÉPLIQUE PAR:
Astral Media Radio Inc. 130 / 807
Gatineau,
Quebec / Gatineau (Québec)
‑‑‑ Upon
commencing on Monday, August 27, 2007
at 0930 /
L'audience débute le lundi
27 août 2007 à 0930
LISTNUM
1 \l 11 THE
CHAIRPERSON: Good morning and welcome to
everyone.
LISTNUM
1 \l 12 My
name is Rita Cugini and I am the CRTC Regional Commissioner for Ontario. I will be presiding over this hearing.
LISTNUM
1 \l 13 Joining
me on the panel are my colleagues Andrée Noël, Regional Commissioner for
Quebec, and Ronald Williams, Regional Commissioner for Alberta and the
Northwest Territories.
LISTNUM
1 \l 14 The
Commission team assisting us includes Michael Craig, Hearing Manager and Senior
Radio Analyst; Steve Millington, Legal Counsel; and Jade Roy, Hearing
Secretary.
LISTNUM
1 \l 15 Please
speak with Miss Roy if you have any questions with regard to hearing
procedures.
LISTNUM
1 \l 16 At
this hearing we will be examining the application presented by Astral Media
Radio Inc. to acquire, among other assets, 53 radio undertakings across Canada
and two television stations in British Columbia, all of which currently belong
to Standard Radio Inc.
LISTNUM
1 \l 17 I
will now invite the Hearing Secretary, Jade Roy, to explain the procedures we
will be following.
LISTNUM
1 \l 18 Madam
Secretary.
LISTNUM
1 \l 19 THE
SECRETARY: Thank you, Madam Chair.
LISTNUM 1 \l 110 Nous
aimerions souligner quelques points d'ordre pratique qui contribueront au bon
déroulement de cette audience publique.
LISTNUM
1 \l 111 Firstly,
simultaneous interpretation service is available during the hearing. Receivers are available from the
Commissionaire outside the Hearing Room.
The English interpretation is on channel 7 and French is on channel 8.
LISTNUM
1 \l 112 When
you are in the Hearing Room, we would ask you to please turn off your cell
phones, beepers and BlackBerrys as they are an unwelcome distraction and they
cause interference on the internal communication systems used by our
translators. We would appreciate your
cooperation in this regard throughout the hearing.
LISTNUM
1 \l 113 We
expect the hearing to take approximately one day. We will take an hour and a half for lunch and
a break in the morning and in the afternoon.
LISTNUM 1 \l 114 Pendant
toute la durée de l'audience, vous pourrez consulter les documents qui font
partie du dossier public pour cette audience dans la salle d'examen qui se
trouve dans la Salle Papineau, située à l'extérieur de la salle d'audience à
votre droite.
LISTNUM 1 \l 115 Une
transcription des comparutions quotidiennes sera affichée sur le site internet
du Conseil peu après la fin de l'audience.
LISTNUM 1 \l 116 Les
personnes qui désirent acheter des transcriptions peuvent s'adresser au
sténographe qui se trouve à la table à ma droite durant la pause ou directement
auprès de la compagnie Mediacopy.
LISTNUM
1 \l 117 For
the record, Astral filed their Preferred Ownership Scenario and confidentiality
has been granted on the residential addresses of the officers and directors of
the corporations. An abridged version
has been placed on the file.
LISTNUM
1 \l 118 These
documents will be posted on the Commission's website and copies are available
in the examination room.
LISTNUM
1 \l 119 Now,
Madam Chair, we will proceed with the application filed by Astral Media Radio
Inc.
LISTNUM
1 \l 120 Appearing
for the applicant is Monsieur Jacques Parisien who will introduce his
colleagues. You will then have 20
minutes to make your presentation.
PRESENTATION / PRÉSENTATION
LISTNUM
1 \l 121 MR.
PARISIEN: Thank you.
LISTNUM
1 \l 122 Good
morning, Madam Chair, Commissioners. My
name is Jacques Parisien and I am Group President to Astral Media Radio and
Astral Media Outdoor.
LISTNUM
1 \l 123 Let
me begin by introducing the members of our team.
LISTNUM
1 \l 124 On
the far right of our panel, your left, is Ian Greenberg, President and CEO of
Astral Media.
LISTNUM
1 \l 125 Next
to him is Ian Lurie, Vice‑President and Chief Financial Officer of
Standard Radio.
LISTNUM
1 \l 126 On
my immediate left is Claude Laflamme, Vice‑President Corporate and
Regulatory Affair for Astral Media Radio and Astral Media Outdoor.
LISTNUM
1 \l 127 Next
to her is Rob Braide, Vice‑President and General Manager for Montreal for
Standard Radio.
LISTNUM
1 \l 128 Behind
him in the second row is Gary Slaight, President and CEO of Standard Radio.
LISTNUM
1 \l 129 Next
to him Luc Sabbatini, President of Astral Media Outdoor and a familiar face to
the Commission as a former member of the Astral Media Radio team.
LISTNUM
1 \l 130 Continuing
along the row we have Julie Charest, Research Director for Astral Media Radio.
LISTNUM
1 \l 131 Then
Don Shafer, Vice‑President and General Manager of the British Columbia
Interior Region for Standard.
LISTNUM
1 \l 132 And
finally, Claude Gagnon, Senior Vice‑President and Chief Financial Officer
of Astral Media.
LISTNUM
1 \l 133 Madam
Chair, we are pleased and proud to appear before you today to present this
application for Astral Media's acquisition of the radio and television stations
of Standard Radio.
LISTNUM
1 \l 134 This
acquisition is a major step forward for our company and we believe a very
positive development for the Canadian broadcasting system.
LISTNUM
1 \l 135 So
we would like to take a few moments this morning to tell you why approval of
our application is clearly in the public interest.
LISTNUM
1 \l 136 First,
we will talk about the reasons why Astral and Standard agreed on this transaction.
LISTNUM
1 \l 137 Second,
how the transaction maintains both diversity and vigorous competition in all
the markets affected.
LISTNUM
1 \l 138 And
third, we will describe how our benefits package strengthens radio, the
communities involved and the music industry, including emerging artists.
LISTNUM
1 \l 139 Ian.
LISTNUM
1 \l 140 MR.
GREENBERG: Thank you, Jacques.
LISTNUM
1 \l 141 Astral
Media takes great pride in being a Canadian media company. This acquisition is one of the major steps
taken by Astral to achieve its ambition of growing within Canada by focusing on
sectors where it has proven expertise, continuous success and a track record of
substantial contributions.
LISTNUM
1 \l 142 Radio
is clearly one of those sectors. Indeed,
we believe firmly in commercial radio.
It is an exciting and promising business, both today and in the future.
LISTNUM
1 \l 143 In
this context, the combination of Standard Radio and Astral is an ideal
marriage. Astral stations in French
Quebec and in the Atlantic provinces are a perfect complement to Standard
stations in the West, Ontario and English Quebec.
LISTNUM
1 \l 144 But
our two companies are also a great fit in another way. This association is one that is built on
shared values, great mutual respect and a strong commitment to local
communities and the promotion of Canadian culture.
LISTNUM
1 \l 145 This
is extremely important to us. It was
with this in mind that Astral and Standard initiated discussions and negotiated
an agreement with terms fair to both parties.
LISTNUM
1 \l 146 Over
the years, Astral has grown its radio business primarily through
acquisitions. It started with
Radiomutuel in 1999, followed by Télémédia in 2002, and the exchange of
stations with Corus in 2005.
LISTNUM
1 \l 147 Astral
has proven its ability to integrate these stations, improve upon their success
both financially and in listenership, and reinforce their ties with the local
communities they serve.
LISTNUM
1 \l 148 We
have also demonstrated unfailing respect for the culture of the businesses we
acquire and their people. We have
learned from them just as they have learned from us so that today Astral's
culture emanates from a combination of the best practices that each has brought
to the table.
LISTNUM
1 \l 149 We
encourage all of our stations to be distinct and to create their own individual
voices in order to reflect the realities of their local markets. This is why we are enthusiastic about the
people who will be joining us, people who have a well‑demonstrated
experience in fostering excellent relationships with their communities.
LISTNUM
1 \l 150 Gary.
LISTNUM
1 \l 151 MR.
SLAIGHT: Thank you, Ian.
LISTNUM
1 \l 152 I
can't tell you how proud we are of all the things that the people at Standard
Radio have been able to achieve in the 22 years since my father Allan Slaight
acquired it in 1985.
LISTNUM
1 \l 153 A
company is just a piece of paper issued by Industry Canada until the people
inside the company work their magic.
LISTNUM
1 \l 154 I
am not just talking about people like Rob, Don and Ian who have contributed so
much over the years, I am referring to every single one of the over 1,000
Standard employees from Montreal to the West Coast who get up every morning
full of new ideas and ready to create great local radio, and I want to welcome
the people from THE BEAR who, some of them, are with us today.
LISTNUM
1 \l 155 They
are the ones who helped build this small cluster of stations into the largest
privately held radio group in Canada and it is just going to get better for
them as part of the Astral family.
LISTNUM
1 \l 156 Ian,
Jacques and their team share the same passion for radio and the same commitment
to the community as do all the members of the Standard family.
LISTNUM
1 \l 157 It
is going to be especially good for the Canadian music community. Standard is deservedly proud of the many
Canadian acts it has broken with a geographic footprint that stops at the east
end of Montreal. As Ian said, it is as
if these two great companies had just been waiting to be put together.
LISTNUM
1 \l 158 With
a scope that would now extend from coast to coast, the possibilities for
Canada's new musical talent to achieve national exposure is, in my opinion, a
huge benefit of putting these two companies together.
LISTNUM
1 \l 159 The
musicians have already figured this out.
An interesting thing about many of the interventions is that the
musicians believe that however close they may have been to Standard, the
relationship will not change with Astral, who are known to be equally
passionate and supportive of Canadian talent.
LISTNUM
1 \l 160 As
you know, assuming your approval of this application, I am going on the board
at Astral but will not have day‑to‑day responsibilities as CEO
anymore. That means I expect that my
appearances like this at CRTC hearings will be a thing of the past.
LISTNUM
1 \l 161 So
I would like to take this opportunity to thank all of those at the Commission,
both present and past, with whom we at Standard have worked with over the
years. Together we have built what I think
is the best radio system in the world.
LISTNUM
1 \l 162 Jacques.
LISTNUM
1 \l 163 MR.
PARISIEN: Both Astral and Standard make
it their first priority to answer the needs of listeners in each local
community and that is the basis of our thinking about diversity of voices.
LISTNUM
1 \l 164 Each
Astral station has a distinct voice that reflects its community. Each Standard station is equally
distinctive. The acquisition will not
change any of that.
LISTNUM
1 \l 165 If
you approve this application, Astral will have quite a variety of stations in
its group: English and French stations
in large metropolitan markets, in medium‑size cities, and in the smallest
towns one can imagine serving.
LISTNUM
1 \l 166 Clearly,
there can be no one‑size‑fits‑all service for a range this
broad. To be successful with listeners,
a radio station has to be part of its community and sound like its community.
LISTNUM
1 \l 167 It
is also true that the diversity of voices will not be reduced by the
acquisition because, as Ian noted, the two companies' assets complement each
other so neatly that in any single market Astral will not increase the number
of stations under common ownership.
LISTNUM
1 \l 168 This
is a key fact on the competitive landscape as well. It is important to recall that English and
French are separate markets and are treated separately by the Commission's
Common Ownership Policy, and since the assets of the two companies are entirely
in separate markets, the transaction requires no exception from the Ownership
Policy or from any other Commission policy for that matter.
LISTNUM
1 \l 169 When
you look at all markets across the country grouped together, you can see that
the Astral‑Standard combination would certainly be a national leader but
this would not have any negative effect on the competitiveness of the market.
LISTNUM
1 \l 170 The
radio industry would subsequently have five strong commercial players: Astral Media, Corus, Rogers, CTVglobemedia
and Newcap, as well as a host of medium and smaller players and one public
broadcaster operating in two languages.
LISTNUM
1 \l 171 In
this arena, Astral and Standard would have a combined national share of
listening slightly ahead of Corus.
LISTNUM
1 \l 172 In
terms of commercial revenues, the pie would still be divided relatively evenly
with no player having a big structural advantage. In fact, the leading player in radio would
still have a smaller national share than the leading player in conventional
television or in discretionary services.
LISTNUM
1 \l 173 Radio
is a highly competitive industry and this acquisition won't change that.
LISTNUM
1 \l 174 Now,
I would like to ask Rob and Claude to speak about how our benefits package
strengthens radio, the communities involved and new talent in television, radio
and the music industry, including emerging artists.
LISTNUM
1 \l 175 Rob.
LISTNUM
1 \l 176 MR.
BRAIDE: Thank you, Jacques.
LISTNUM
1 \l 177 The
benefits package in this transaction totals over $63 million. Of that total, about $1.7 is in respect of
television.
LISTNUM
1 \l 178 The
$61.6 million earmarked for radio is a record amount in this sector. It is also money that would not be spent if
this transaction had not taken place.
LISTNUM
1 \l 179 Within
the radio portion nearly $31 million will go to Starmaker and Fonds RadioStar,
and $20.5 million to FACTOR.
Importantly, with 10 percent of that money directed to MUSICACTION in
recognition of Standard's presence in the Quebec market.
LISTNUM
1 \l 180 This
funding will enable these organizations to sustain programs that support
Canadian musicians, songwriters, artists, including emerging artists, to
achieve the success they deserve.
LISTNUM
1 \l 181 As
for the discretionary package of over $10 million, it is structured as a
coherent whole that fits into the ecology of both music and radio.
LISTNUM
1 \l 182 Its
programs address every stage of the creative process from education through
creation and performance to promotion and career‑building for emerging
artists and ultimately to the recognition and celebration of accomplished
artists.
LISTNUM
1 \l 183 First,
we believe that music begins with young people.
So two of the supportive initiatives are aimed at assisting their
musical education.
LISTNUM
1 \l 184 Second,
we believe that good radio is based on good songs. So our proposed program contains a number of
initiatives designed to encourage songwriters, to help develop their skills and
bring their best work to Canadian ears nationwide.
LISTNUM
1 \l 185 Third,
we support promotional programs to ensure that the radio and music industries
are made aware of these emerging artists.
LISTNUM
1 \l 186 And,
to complete the circle, we support initiatives that celebrate successful
artists, helping them to continue their careers and enhance their relationship
with the public.
LISTNUM
1 \l 187 Claude.
LISTNUM
1 \l 188 MS
LAFLAMME: Thank you, Rob.
LISTNUM
1 \l 189 In
spoken word, many of the programs are designed to help individual talents
develop their skills and careers, so that the radio industry, as a whole, will
be well supplied with skilled professional talent in the years to come.
LISTNUM
1 \l 190 That
is also true for the television benefits, where, in addition to local
programming, the emphasis is on professional development and mentorship for
independent producers and journalists.
LISTNUM
1 \l 191 In
addition, several of the programs have been designed to specifically support
aboriginal initiatives and small markets.
This is especially the case for television, where the assets being
acquired are in Dawson Creek and Terrace, both very small northern B.C. towns.
LISTNUM
1 \l 192 We
believe that these programs will help to develop future broadcasters and
improve service from these small stations.
LISTNUM
1 \l 193 The
programs will also help the industry as a whole, including campus and community
radio stations and small specialized radio services, such as Radio Enfant.
LISTNUM
1 \l 194 Altogether,
we believe we have a balanced package that addresses all of the Commission's
objectives, including the creation and promotion of Canadian content, the
development of skilled professional talent, both in music and spoken word, and
the support of the communities served by the stations.
LISTNUM
1 \l 195 Jacques...
LISTNUM
1 \l 196 MR.
PARISIEN: Finally, let me reiterate that
at Astral we feel confident about the future of commercial radio and have made
it a key part of our corporate strategy.
LISTNUM
1 \l 197 Within
that strategy, our approach to the Standard station is simple: maintain and improve.
LISTNUM
1 \l 198 We
like the way Standard stations operate.
We like their close community ties and their emphasis on local services,
and we like their support for Canadian music and musicians.
LISTNUM
1 \l 199 Our
intent is to build on this record of achievement and improve the stations
gradually, as we have with earlier acquisitions.
LISTNUM
1 \l 1100 In
conclusion, Madam Chair, we would like to thank the many intervenors who have
supported this application, the charities, community organizations, aboriginal
organizations, businesses, musicians and their managers. We are encouraged by their support and
believe that the stakeholders view this acquisition as a positive step, in
compliance with the Commission's policies in every respect, and, conclusively,
in the public interest.
LISTNUM
1 \l 1101 Thank
you for the opportunity to introduce our application, and we are ready to
answer your questions.
LISTNUM
1 \l 1102 THE
CHAIRPERSON: Mr. Parisien, thank you,
Mr. Greenberg, and to your team, welcome to these proceedings.
LISTNUM
1 \l 1103 Mr.
Slaight, I am sure I speak on behalf of the whole Commission when I say thank
you for your contribution to proceedings ‑‑ maybe not like
this one in the past, but certainly to CRTC proceedings, and, above all, your
contribution to music and Canadian artists.
Not just you, but your family, as well.
I am pretty confident that we haven't heard or seen the last of you yet,
so thank you.
LISTNUM
1 \l 1104 I
will begin the questioning today, and I will take a little bit of a springboard
from your oral presentation, where you say that, of course, you will extend
your stations from coast to coast, but you encourage your stations to be
distinct and to create their own individual voices in order to reflect the
realities of their local markets.
LISTNUM
1 \l 1105 It
is within this framework that I will be asking some of my questions.
LISTNUM
1 \l 1106 Both
companies ‑‑ one of the things you have in common is that you
operate certain brands: Radio Énergie,
RockDétente and Boom FM. Standard, of
course, operates EZ Rock, The Bear and MIX, among other formats.
LISTNUM
1 \l 1107 As
a result of this transaction, do you plan on branding more radio stations under
these banners, or creating more brands?
LISTNUM
1 \l 1108 MR.
PARISIEN: We haven't taken over or
operated the Standard stations yet ‑‑ we have gone through due
diligence ‑‑ so it is difficult for us to speak in detail
about the Standard station, but let me recap what we have done already in the
Province of Quebec with our brands, and in the Maritimes with the stations that
are there.
LISTNUM
1 \l 1109 In
the Province of Quebec we have developed our brands through the notion of
networking. Networking is a phenomenon
that is much more relevant to the Quebec market, the francophone market, than
it is to English Canada. You see more
syndication in English Canada and more networking in the Province of Quebec;
the difference being that in networking the brand develops programming that is
played simultaneously on the same brand stations. The examples you gave of Énergie, Boom and
RockDétente are exactly that. We have a
drive show in the afternoon that is networked.
It is the same show in every market of RockDétente and the same show in
every market of Énergie.
LISTNUM
1 \l 1110 Mind
you, that show has many, many occasions during the show for local insertions,
local services, services to the community, sports, weather, traffic and all of
that stuff, and also comments from the local station.
LISTNUM
1 \l 1111 The
reason we do networking in Quebec is that it's historical. It has been there for years and years. It also provides the smaller stations with
high‑quality programming, because we invest more in that programming
because it is networked.
LISTNUM
1 \l 1112 It
also frees up some budget for the local markets to put on their own local
content, such as the morning show, the midday show, and so on.
LISTNUM
1 \l 1113 So
networking is a win‑win for the brand and for the smaller markets.
LISTNUM
1 \l 1114 In
English Canada ‑‑ and I will let my colleague Rob Braide, and
Gary also, talk about syndication a bit more to complement my answer.
LISTNUM
1 \l 1115 In
English Canada there is very little networking.
I am leaving aside the CBC. In
private radio there is more syndication, where you have the same show that is
offered to many stations; not necessarily run by all of the stations, and not
necessarily at the same time either.
LISTNUM
1 \l 1116 THE
CHAIRPERSON: Can you drill down a little
bit further and make that distinction for me, in terms of the difference
between your network model versus syndication?
LISTNUM
1 \l 1117 MR.
PARISIEN: In our network model, the
station has to run the network show. It
has no choice, and the network show, as I mentioned, provides for local
insertion.
LISTNUM
1 \l 1118 It
is very typical to the francophone market.
Corus in French does it. Cogeco
in French does it. Medium and smaller‑sized
players do it, such as Radio Nord, which I consider to be medium‑sized. Also, le Réseau des Appalaches does it in
smaller markets.
LISTNUM
1 \l 1119 We
own stations in English in the Maritimes.
We own eight stations. None of
them run network. It doesn't apply to
them.
LISTNUM
1 \l 1120 That
also reflects how respectful we are of the communities and of the specificity
of local markets. We do not impose
it. If it's an opportunity, we will look
at it and we will do it, but we have no devised strategy to go that route, not
at all.
LISTNUM
1 \l 1121 I
will let Gary talk about syndication.
LISTNUM
1 \l 1122 MR.
SLAIGHT: Thanks, Jacques.
LISTNUM
1 \l 1123 In
the rest of Canada, in English Canada, we really find that networking is not
something that works. Most of the local
markets are so different ‑‑ Hamilton is different from St.
Catharines ‑‑ so we don't do a whole lot of networking. We do syndication, and we have a syndication
arm which creates and represents programming, which stations across
Canada ‑‑ we have about 140 clients, many of which are not
Standard Radio stations, who pick up the programming to augment the programming
they are carrying in the local markets.
LISTNUM
1 \l 1124 THE
CHAIRPERSON: Are your syndicated
programs available to only those Standard stations that are branded MIX, The
Bear?
LISTNUM
1 \l 1125 MR.
SLAIGHT: No, there is a difference. Syndicated programming will run on any radio
station in other markets, whether it's a Standard station or not.
LISTNUM
1 \l 1126 EZ
Rock is really a brand for the product.
As a matter of fact, EZ Rock differs in every market where we use the
brand, as does The Bear.
LISTNUM
1 \l 1127 The
Bear in Ottawa is totally different from The Bear in Edmonton.
LISTNUM
1 \l 1128 THE
CHAIRPERSON: Would two radio stations in
the same market carry the same program?
LISTNUM
1 \l 1129 MR.
SLAIGHT: In some cases with syndication
that will happen, but, as a rule, stations like to have the content
exclusively.
LISTNUM
1 \l 1130 THE
CHAIRPERSON: Would they run them at the
same time, if they did have them?
LISTNUM
1 \l 1131 MR.
SLAIGHT: The timing is really up to the
radio station, as to when they run the programming.
LISTNUM
1 \l 1132 THE
CHAIRPERSON: How much of the programming
on the Standard Radio stations is syndicated versus local programming?
LISTNUM
1 \l 1133 MR.
SLAIGHT: A very, very small percentage.
LISTNUM
1 \l 1134 It's
mostly short‑form programming.
It's mostly business features or music features or weekend countdowns,
or we might pick up David Letterman and run the short bits that he does on
morning shows across the country, again including some non‑Standard radio
stations.
LISTNUM
1 \l 1135 The
percentage of programming that Standard runs on our radio stations is very
small.
LISTNUM
1 \l 1136 THE
CHAIRPERSON: Is there a difference,
depending on format?
LISTNUM
1 \l 1137 MR.
SLAIGHT: Yes, the one difference would
be with the EZ Rock brand, where we do run some long‑form programming,
i.e., John Tesh, which is carried, but we Canadianize that program, in terms of
incorporating Canadian content into the program.
LISTNUM
1 \l 1138 So,
for that particular programming, that would be the only difference.
LISTNUM
1 \l 1139 THE
CHAIRPERSON: So EZ Rock would probably
run the most syndicated programming.
LISTNUM
1 \l 1140 MR.
SLAIGHT: Yes, that format would run more
than a rock station or a CHR station.
LISTNUM
1 \l 1141 But,
again, the John Tesh show runs on some of our stations, but it runs on some of
our competitors' stations, as well, in other markets.
LISTNUM
1 \l 1142 THE
CHAIRPERSON: At the Standard stations,
who decides how much and in what time slots this programming will run?
LISTNUM
1 \l 1143 MR.
SLAIGHT: It is really up to the local
market, the general manager, the program director and the sales manager to
decide whether or not they take the programming.
LISTNUM
1 \l 1144 THE
CHAIRPERSON: And that is true of the non‑Standard
radio stations, as well?
LISTNUM
1 \l 1145 MR.
SLAIGHT: The non‑Standard stations
have an opportunity to pick up our programming when it becomes available, and
they will decide themselves, also, whether they run it and when they run it.
LISTNUM
1 \l 1146 THE
CHAIRPERSON: Your Sound Source
website ‑‑ you describe the service as offering a
comprehensive range of targeted, substantive and entertaining programming
designed to capture and maintain a loyal audience during fixed airtimes
throughout the week.
LISTNUM
1 \l 1147 MR.
SLAIGHT: Right.
LISTNUM
1 \l 1148 THE
CHAIRPERSON: Do those fixed airtimes
translate into "You have to run this show at 7 o'clock"?
LISTNUM
1 \l 1149 MR.
SLAIGHT: No, I think it would be fixed
on a particular radio station, where they can use the fact that they have the
program to drive audience to certain time slots on that particular radio
station.
LISTNUM
1 \l 1150 THE
CHAIRPERSON: So it doesn't mean that
Sound Source determines at what time that show is run.
LISTNUM
1 \l 1151 MR.
SLAIGHT: Absolutely not.
LISTNUM
1 \l 1152 THE
CHAIRPERSON: "Command
Performance" ‑‑ which, of course, is a series of live
concert performances. You distribute
these concerts across the country. Are
they broadcast simultaneously by all radio stations that purchase the program?
LISTNUM
1 \l 1153 MR.
SLAIGHT: We haven't done many of these
lately, but when we did run the program, it was recorded and rebroadcast in
most cases.
LISTNUM
1 \l 1154 THE
CHAIRPERSON: So not necessarily
simultaneously?
LISTNUM
1 \l 1155 MR.
SLAIGHT: Exactly.
LISTNUM
1 \l 1156 THE
CHAIRPERSON: Do you enter into a formal
agreement with radio stations for the running of this type of programming?
LISTNUM
1 \l 1157 MR.
SLAIGHT: Yes, they have contracts.
LISTNUM
1 \l 1158 THE
CHAIRPERSON: Are you at liberty to tell
us what the terms of those agreements are?
LISTNUM
1 \l 1159 MR.
SLAIGHT: It really depends on the
program, the market, the radio station, but it is usually for barter, i.e.,
airtime. So they get the program; we
would take a 30‑second commercial that we would go to a national
advertiser and sell it to.
LISTNUM
1 \l 1160 THE
CHAIRPERSON: Are these programs ‑‑
these, too, are available to all radio stations, not just Standard?
LISTNUM
1 \l 1161 MR.
SLAIGHT: Yes.
LISTNUM
1 \l 1162 MR.
PARISIEN: Maybe, Madam Chair, we should
have mentioned that Sound Source ‑‑ Standard operates 52
stations, and Sound Source has 140 stations that are clients of Sound Source.
LISTNUM
1 \l 1163 THE
CHAIRPERSON: Including Astral stations?
LISTNUM
1 \l 1164 MR.
PARISIEN: No. It is offered to our English stations in the
Maritimes, but they don't pick it up.
LISTNUM
1 \l 1165 THE
CHAIRPERSON: Again, because their main
focus is ‑‑
LISTNUM
1 \l 1166 MR.
PARISIEN: Because the local market
decides that it doesn't want it.
LISTNUM
1 \l 1167 THE
CHAIRPERSON: I wonder if Standard could
provide us with a breakdown, station‑by‑station, of how much
network programming is used versus local programming; and if in that document
you could further compartmentalize it by including call letters, market and
format.
LISTNUM
1 \l 1168 MR.
SLAIGHT: I believe we have already done
that exercise, and I am sure we could provide that.
LISTNUM
1 \l 1169 THE
CHAIRPERSON: Would a week be sufficient
time for you to ‑‑
LISTNUM
1 \l 1170 MR.
PARISIEN: We will do it within a
week. Don't worry.
LISTNUM
1 \l 1171 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 1172 As
a result of this transaction, do you anticipate that these levels of network
programming versus local would increase or decrease?
LISTNUM
1 \l 1173 MR.
PARISIEN: As I mentioned, we are not
operating the stations yet, but our intention is to continue to do the same
thing that Standard has been doing. We
don't fix something that's working, and the results are very good. The local markets are satisfied with what is
offered and what they choose, so we intend to continue doing the same thing,
not increasing.
LISTNUM
1 \l 1174 THE
CHAIRPERSON: You also say in your
supplementary brief that you do not discount the possibility of importing the
network model used by Astral in Quebec to the rest of Canada.
LISTNUM
1 \l 1175 If
you are successful in rolling out this model, will it have any impact at all on
local programming?
LISTNUM
1 \l 1176 MR.
PARISIEN: No, it wouldn't have any
impact on local programming, other than what I have described to you as being
the way we do it in the francophone market.
LISTNUM
1 \l 1177 THE
CHAIRPERSON: Your model includes a
decentralized editorial control, allowing stations to upload content and
redistribute that content to the network in terms of news.
LISTNUM
1 \l 1178 MR.
PARISIEN: In terms of news, you are
absolutely right.
LISTNUM
1 \l 1179 In
terms of news, our intention is to continue the same way that Standard is doing
it with the Standard properties, and to continue doing it the way Astral does
it.
LISTNUM
1 \l 1180 We
will apply the best practice approach.
There are things that Standard does that we don't do that can benefit
our stations, and there are things that we do that Standard doesn't do that can
benefit their stations.
LISTNUM
1 \l 1181 To
the point of news, you are absolutely right, we do have a pretty unique system,
called the Burli System, and it is a system where all of the stations have
access to a central server, where every newsroom in every station puts on their
news content, and it is accessible, with no charge, by any other local market
that decides to run the piece of news.
LISTNUM
1 \l 1182 Therefore,
it gives small markets and medium markets access to a lot of information. We will put that service in place in the
Standard stations as well. So it will be
bilingual, bicultural, from coast to coast and it will give access, especially
to smaller markets, to news‑breaking events which otherwise they may not
be covering. So, in that sense, it will
enhance tremendously the news gathering and the news broadcasting.
LISTNUM
1 \l 1183 THE
CHAIRPERSON: Do you have a sense right
now of how much news content is provided by the network versus how much news
content is provided by each individual radio station?
LISTNUM
1 \l 1184 MR.
PARISIEN: It is all local, so every local
station puts its news content on the server.
So I can't answer that question, except by saying that the local
station, if it has so many minutes of news, will put it on the system and will
be accessible to all the other stations.
LISTNUM
1 \l 1185 THE
CHAIRPERSON: And what about national and
international news?
LISTNUM
1 \l 1186 MR.
PARISIEN: Seventy per cent of what we
put there is local content, the rest is national and regional.
LISTNUM
1 \l 1187 THE
CHAIRPERSON: And is the national and
regional news provided by this network system?
LISTNUM
1 \l 1188 MR.
PARISIEN: Yes, it is.
LISTNUM
1 \l 1189 THE
CHAIRPERSON: Okay. If you are again successful in rolling out
this model across Canada, what effect do you anticipate this would have on on‑air
talent, in particular, news readers, but as well as other on‑air talent?
LISTNUM
1 \l 1190 MR.
PARISIEN: You know what we have
discovered it does and what we have already been doing in Quebec, it puts
pressure on the journalists, the news people to do a better job, to gather
better content, to deliver better news. It just enhances the whole system, and
pretty fast also because ‑‑
LISTNUM
1 \l 1191 THE
CHAIRPERSON: So it won't mean job
losses?
LISTNUM
1 \l 1192 MR.
PARISIEN: ‑‑ a piece of news will be taken by another market
and there is a question of ego and who is going to cover it and how good is it
going to be and how many people will pick it up and so on and so forth, so it
enhances the system completely.
LISTNUM
1 \l 1193 THE
CHAIRPERSON: And so you don't anticipate
job losses?
LISTNUM
1 \l 1194 MR.
PARISIEN: Oh, not at all, not at all.
LISTNUM
1 \l 1195 THE
CHAIRPERSON: Okay. On page 11 of the supplementary brief you say
that this acquisition represents a benefit in terms of guidance to smaller‑market
English stations and employment opportunities.
I am wondering if you could elaborate a little bit on that statement and
tell me what your plans are.
LISTNUM
1 \l 1196 MR.
PARISIEN: Well, again, I have to give
you what we have done in the francophone market and in the Maritimes that works
and that we could apply to the Standard's property. And what we have done is we have rolled out a
system by which we encourage mobility of people across the markets and we have
lived through that. We have a lot of our
people who move from smaller markets to medium markets to big markets in all
categories; on‑air people, research, scripts, all sorts of radio talent
do that.
LISTNUM
1 \l 1197 We
intend to apply that to the Standard properties also, it has been successful
for us. I think Standard also encourages
that, so we will continue on the line.
But we have a system where we promote it, we also choose, and I think we
have addressed it in the supplementary brief, we have a program called Career
Plus where we identify young, eager radio employees that want to be on a fast
track and Career Plus gives them the advantage to be on a fast track. We will rollout Career Plus in the Standard
properties also with the same target of giving access to young, eager radio
professionals the possibility to access better jobs and do more.
LISTNUM
1 \l 1198 THE
CHAIRPERSON: This transaction also, of
course, includes AM stations ‑‑
LISTNUM
1 \l 1199 MR.
PARISIEN: Yes, it does.
LISTNUM
1 \l 1200 THE
CHAIRPERSON: ‑‑ and even though there isn't a requirement to
provide a minimum level of local programming, what are the efficiencies you see
for these AM stations that you are acquiring?
LISTNUM
1 \l 1201 MR.
PARISIEN: Are you asking me efficiencies
in the sense of synergies?
LISTNUM
1 \l 1202 THE
CHAIRPERSON: Efficiencies in the sense
of synergies and in the sense of further development for on‑air talent,
for the retention and hopefully enhancement of local programming.
LISTNUM
1 \l 1203 MR.
PARISIEN: Okay. I appreciate the question on synergies and I
would like to take a few minutes to talk about synergies because, as we have
mentioned and as we have said publicly, the Standard stations compliment the
Astral stations. Standard has a
structure of management, has a structure of local resources, which we do not
intend to change, it just compliments what we already have.
LISTNUM
1 \l 1204 We
need all the people, we need to maintain the structure in place and we have the
intention of doing so. Except for the
very top management, which is Gary Slaight, all the rest of the people are
invited to stay.
LISTNUM
1 \l 1205 MR.
SLAIGHT: Thank you.
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1206 MR.
PARISIEN: In terms of AM stations, there
is nothing particular about AM stations in terms of human resources. We just intend to maintain the same people in
place and just try to do the same good job and, if possible, a better job than
what has been done in the past. So there is no strategy to cut, whatever so
far.
LISTNUM
1 \l 1207 MR.
BRAIDE: Jacques, if I could. The folks
at Astral have been very clear with me from the beginning how important it is
that our people stay in place and that we keep doing what we have been doing
and that has been a clear message from the beginning, since we started talking.
LISTNUM
1 \l 1208 THE
CHAIRPERSON: Thank you. We will move to the issue of emerging
artists. Currently, Astral has a
definition for emerging artists for the French‑language market and
Standard offered a definition in the licence renewal application of CIBK‑FM.
LISTNUM
1 \l 1209 Now,
I know from your application that you would prefer, as does the rest of the
industry, that there be an industry‑wide definition for emerging
artists. But, given the fact that Astral
has a definition, Standard has offered one, can you point out to me where you
see the differences in the two definitions that we have that your two companies
have provided to us?
LISTNUM
1 \l 1210 MR.
PARISIEN: Well, I will start the answer
and then I will ask Rob, who has participated in this debate for quite a few
years, to compliment.
LISTNUM
1 \l 1211 Astral
Media, as you mentioned, has come to an agreement for the francophone market on
a definition for emerging artists with ADISQ.
We have been working at it for quite a while and, by the way, we are the
only francophone broadcaster who has an agreement with ADISQ so far.
LISTNUM
1 \l 1212 On
the English side in the Maritimes our stations don't have an issue with music,
it is not a big thing for the stations that we run in the Maritimes, so they
haven't been very proactive. But we
have, Astral, monitored what has been going on on the English side.
LISTNUM
1 \l 1213 There
is a proper forum where it is being discussed, all the players are there and
the CAB is driving the exercise, there have been discussions with the
Commission. And we intend to continue to
play that active role, proactive role I should say, as we have done with ADISQ,
and try to come to an agreement as soon as possible.
LISTNUM
1 \l 1214 Maybe,
Rob, do you want to add something to that?
LISTNUM
1 \l 1215 MR.
BRAIDE: Sure, Jacques. I think maybe we should start off, if you
will allow me, by saying that emerging artists are not a group of people who
are standing over in a corner waiting to get attention for the first time. Emerging artists have been looked after by
Astral and Standard and the Canadian music system in general for decades. I think that emerging artist has become a new
buzz word fuelled by some of the industry associations who are, as we are,
concerned that Canadian talent get a good plein feux, a good spotlight, and are
paid attention to.
LISTNUM
1 \l 1216 That
said, you know, during my tenure as Chair of the CAB we worked and in
preparation for the review of radio we did a lot of thinking on this
subject. There really is a need for this
industry get‑together where we can discuss with CIRPA and CRIA and the
broadcasters and the Commission and other interested parties what an emerging
artist is, how long it takes for that person to emerge and then not be emerging
anymore, and whether or not we need a quota.
There are many many issues on the table.
LISTNUM
1 \l 1217 The
Astral ADISQ definition is very different from the one that the CAB came up
with and which other companies such as CHUM in their recent hearing or CTV
mentioned. There is just no common
ground, Commissioner Cugini, right now, it is just not there and the
definitions will ultimately be very different between Canada and Quebec.
LISTNUM
1 \l 1218 THE
CHAIRPERSON: Well, we have to
acknowledge that this new company, you will be the radio industry leader in
Canada as a result and that perhaps other radio broadcasters are going to look
to you for guidance on this issue which, Mr. Braide, as you correctly say, has
been debated for quite a while now. And somewhere,
somehow someone should come up with a definition that is going to be acceptable
to all radio broadcasters and perhaps it is you guys.
LISTNUM
1 \l 1219 MR.
BRAIDE: And we look forward to that
conversation. We just don't feel that
even though we will be a leader in radio, we won't be dominant in radio, we
won't be able to sort of control the agenda, we will be one of the players.
There are four or five others, you know, who are very close to the size of the
new combined Astral and Standard.
LISTNUM
1 \l 1220 This
really does need to be an industry‑wide conversation which I think the
Commission has agreed it is going to take leadership in.
LISTNUM
1 \l 1221 MR.
PARISIEN: And we are here to give you
some comfort in the fact that Astral Media will be as active on that debate as
it has been on the francophone debate.
LISTNUM
1 \l 1222 THE
CHAIRPERSON: Thank you for that.
LISTNUM
1 \l 1223 You
did mention, Mr. Braide, quotas and, in that renewal application for CIBK,
Standard did say that approximately 10 per cent of its selections are devoted
to the airplay of emerging artists as defined in that application. Would that be true for all the Standard Radio
stations?
LISTNUM
1 \l 1224 MR.
BRAIDE: Madam Chair, I believe that it
varies. Gary might be able to correct me
if I am wrong, but I think it varies within a couple of per cent. Again, it is based upon the format. A country station may have more exposure to
emerging artists than an easy rock station in Canada. So I think really it comes down to the local
imperative.
LISTNUM
1 \l 1225 MR.
SLAIGHT: Yes. It would vary dramatically from market to
market and station to station. That
particular radio station is a station that plays new music, it has targeted
young people and, consequently, it is in our best interest and works out well
in terms of the amount of product available for us to be able to do that.
LISTNUM
1 \l 1226 In
some other formats it doesn't make as much sense, there is not a lot of new
country music. For instance, it is very
hard finding new country music featuring Canadian country artists, so it varies
market to market and format to format.
LISTNUM
1 \l 1227 THE
CHAIRPERSON: Now, both of your
companies, as you also mentioned in your opening remarks this morning have,
indeed, a proven track record in supporting and promoting emerging
artists. How will these efforts be
enhanced by this transaction?
LISTNUM
1 \l 1228 MR.
PARISIEN: Well, we will definitely
continue the same approach as we have and we know, in part, what Standard has
been doing and we endorse that also. So
we will continue encouraging emerging artists, opening our studios as we do,
giving them the chance to be on air, have interviews. We also have studies where we can lend to
them where they do shows with a small group of people attending. We will continue to do all that across the
country when it is possible and feasible.
And we have done it in the Astral Media properties so far and it works,
it works very well, it is well received and we have been supporting emerging
artists tremendously. I think Standard
has the same approach and we will continue to do that.
LISTNUM
1 \l 1229 You
must also recognize that we have tabled a benefit package that is quite
substantial and addresses also the issue of emerging artists. Maybe I will let Claude and Rob talk about
that.
LISTNUM
1 \l 1230 MR.
BRAIDE: Let me just say quick that, you
know, Gary will be leaving this organization and, you know, his leadership in
terms of Canadian music will be missed.
But, as a result of Gary's work, concentration on developing artists is
deep inside of our culture.
LISTNUM
1 \l 1231 And,
you know, with all due respect to my friend and boss, Gary, he setup a system
in Standard whereby it will continue to flourish in his absence. He is also going to be on the board of
directors of Astral and he is going to have some input here. And, you know, I can just speak from 20 year
of experience with this company, this stuff is deep inside of our culture and I
know it is that deep inside the Astral culture as well.
LISTNUM
1 \l 1232 THE
CHAIRPERSON: We will move on to
television because, of course, this transaction does include the two CBC
affiliates in Dawson Creek and Terrace.
LISTNUM
1 \l 1233 What
are the synergies between the radio holdings and these television stations?
LISTNUM
1 \l 1234 MR.
PARISIEN: We are fortunate to have with
us the operator, Don Shafer, so I will let him take that question.
LISTNUM
1 \l 1235 MR.
SHAFER: Thank you, Jacques.
LISTNUM
1 \l 1236 Madam
Chair, these TV stations operate as small families. Each station has roughly 35 people and
everybody does everything. Radio and
news people carry cameras, both can go on the air for AM or FM or for
television when necessary and they do as much as they can to help each other at
each station.
LISTNUM
1 \l 1237 THE
CHAIRPERSON: Help each other in which
way?
LISTNUM
1 \l 1238 MR.
SHAFER: Well, I mean, I think I said at
the review of television that Dawson Creek, for example, is in a log
cabin. It is a small community and the
stations are very tiny. Everybody has to
help out. They share each other's
responsibilities where possible, they help cover each other in different jobs,
they promote each other on and off the air and support each other in varying
roles.
LISTNUM
1 \l 1239 The
engineer sometimes goes no the air when he has to, they setup remotes or they
setup remote broadcast. If there's an
emergency or a fire or a snowstorm in Dawson Creek, for example, everybody
rallies to help the crew that is out in the field. So it really is a small group effort.
LISTNUM
1 \l 1240 THE
CHAIRPERSON: And again, when you say
everybody, you are including some employees of the Standard Radio stations?
LISTNUM
1 \l 1241 MR.
SHAFER: Absolutely.
LISTNUM
1 \l 1242 THE
CHAIRPERSON: Do the radio stations
provide any news content, for example, to the television stations?
LISTNUM
1 \l 1243 MR.
SHAFER: Probable one of the best
examples that I could give would be the ferry sinking in Prince Rupert, where
one of the first people on site or nearby was one of our radio reporters who
also carries a camera. So, the first
reports were on the radio station, but also the first footage that we had and
that CBC had was from our camera.
LISTNUM
1 \l 1244 THE
CHAIRPERSON: Do you anticipate, Mr.
Parisien, that these televisions stations will contribute to the network model
that you've described earlier for news?
In any way, is there a possibility that they could contribute?
LISTNUM
1 \l 1245 MR.
PARISIEN: Well, there is a possibility
if the system rose out in that fashion, yes, there is a possibility. And because, as Don has said, the news ‑‑
the people are so tightly knit and multi tasking that there is a possibility.
LISTNUM
1 \l 1246 Our
intention is to continue to do in those two stations what has been done so
far. They're very tied to their
community, they serve the community very well, there is interest all around
from the community for the services and we just intend to maintain it and if
possible, enhance it. That would be one
way of enhancing it.
LISTNUM
1 \l 1247 THE
CHAIRPERSON: Would enhancement also,
therefore, come from the reverse, i.e. would you network model in any way
contribute to the provision of local news to those markets?
LISTNUM
1 \l 1248 MR.
PARISIEN: Well, that would be great and
maybe that will happen, but I don't have any pre‑design or strategy to that
effect, except to make our news system gathering available for all the stations
and if it works for the television stations, that's going to happen also.
LISTNUM
1 \l 1249 THE
CHAIRPERSON: Is the local news program
the only program that is produced locally?
That is does everything else come from the CBC? Mr. Shafer?
LISTNUM
1 \l 1250 MR.
SHAFER: Madame Chair, we produce 13 hours of local programming. Five hours is news, there is five hours of
repeats. We run tribal trails, one local
religious program and a weekend review at each station.
LISTNUM
1 \l 1251 THE
CHAIRPERSON: A weekend review I
understand, sir?
LISTNUM
1 \l 1252 MR.
SHAFER: A weekend review, a combination
of a compilation of the best events or stories of the week.
LISTNUM
1 \l 1253 THE
CHAIRPERSON: And is that as per your
Affiliation Agreement with CBC? In other
words, if you could do more local programming than those 13 hours, would your
Affiliation Agreement with CBC allow you to do that?
LISTNUM
1 \l 1254 MR.
SHAFER: At present, no, it wouldn't.
LISTNUM
1 \l 1255 THE
CHAIRPERSON: It would not?
LISTNUM
1 \l 1256 MR.
SHAFER: CBC takes 113 hours week.
LISTNUM
1 \l 1257 THE
CHAIRPERSON: Okay. What about your non‑canadian
programming? Again, is that a provision
of your agreement with CBC in terms of how many hours?
LISTNUM
1 \l 1258 MR.
SHAFER: Yes. That's correct, but it's all CBC programming.
LISTNUM
1 \l 1259 THE
CHAIRPERSON: All CBC?
LISTNUM
1 \l 1260 MR.
SHAFER: Correct.
LISTNUM
1 \l 1261 THE
CHAIRPERSON: So, if Astral had a television
property that it felt would serve these two markets well, it could not provide
those programs to that station with genesis?
LISTNUM
1 \l 1262 MR.
SHAFER: That's correct.
LISTNUM
1 \l 1263 THE
CHAIRPERSON: It could not.
LISTNUM
1 \l 1264 MR.
SHAFER: That's correct.
LISTNUM
1 \l 1265 THE
CHAIRPERSON: Are there other synergies
that could be realized between the Astral specialty services and the two
television stations?
LISTNUM
1 \l 1266 MR.
PARISIEN: Not that we know of, no.
LISTNUM
1 \l 1267 THE
CHAIRPERSON: Well, thank you. Those are all my questions, but I am going to
hand you over now to Commissioner Noël.
LISTNUM
1 \l 1268 COMMISSIONER
NOËL: Are you trembling?
LISTNUM
1 \l 1269 MR.
PARISIEN: No, but we're all yours.
LISTNUM 1 \l 1270 COMMISSAIRE
NOËL: Alors, un petit peu de français
pour changer le mode.
LISTNUM 1 \l 1271 Bonjour,
madame Laflamme, madame Charest et monsieur Greenberg et monsieur Parisien,
monsieur Slaight, monsieur Braide, monsieur Gagnon, monsieur Sabbatini, Mr.
Lurie and Mr. Shafer.
LISTNUM
1 \l 1272 I
will have discussed a number of things with your this morning, concerning
valuation, ownership, et cetera, but first I would like to make a few ‑‑
maybe add to what Mr. Cugini said earlier and ask a few questions.
LISTNUM 1 \l 1273 Monsieur
Parisien, on a discuté tout à l'heure de syndication. Monsieur Slaight a parlé de syndication. Au Québec, est‑ce que ça existe la
syndication?
LISTNUM
1 \l 1274 MR.
PARISIEN: Si vous permettez, je vais
répondre en anglais.
LISTNUM
1 \l 1275 COMMISSAIRE
NOËL: Oui, c'est correct.
LISTNUM
1 \l 1276 MR.
PARISIEN: Pour le bénéfice de mes
collègues de Standard surtout.
LISTNUM 1 \l 1277 To the question does it exist in Quebec; not it does not. It's really for the francophone market. It's really a Canadian anglophone phenomenon and there is none in Quebec.
LISTNUM 1 \l 1278 COMMISSIONER NOËL: But isn't it true that some very small stations do purchase programming from the CHORUSES and the Astrals?
LISTNUM 1 \l 1279 MR. PARISIEN: Oh! it's very possible, yes, but it's not a rolled out phenomenon where you see if ‑‑
LISTNUM 1 \l 1280 COMMISSIONER NOËL: Okay, but it's an isolated phenomenon.
LISTNUM 1 \l 1281 MR. PARISIEN: Yes, exact.
LISTNUM 1 \l 1282 COMMISSIONER NOËL: Now, do you believe, monsieur Parisien, and we are talking about emerging artist, do you believe that it's necessary to have only one definition of emerging artist or that we could live with two definitions that coexist for the French and the English markets?
LISTNUM 1 \l 1283 MR. PARISIEN: Yes. I think it has to be two definitions because the environment is so different, the music industry structure, the number of artists that we deal with is so different that ‑‑ and you know, the regulation on radio in French market is completely different than the regulation on radio in English market, so we need two definitions.
LISTNUM 1 \l 1284 I think, Rob, you will agree with that?
LISTNUM 1 \l 1285 MR. BRAIDE: Absolutely, we need two definitions. I would also like to read into the record that, you know, two per cent of this sixty‑six million dollars is going to factor. That's over twenty million dollars. That's going to go a long way to helping emerging artists. It's aside, but yes, I do most definitely believe that two different definitions are necessary. The markets, as we know, are very distinct.
LISTNUM 1 \l 1286 COMMISSIONER NOËL: Thank you. And then, one final little point about your TV operations. Where these TV stations came through the Telemedia transaction that you made earlier, Mr. Slaight, I guess?
LISTNUM 1 \l 1287 MR. SLAIGHT: That's correct.
LISTNUM 1 \l 1288 COMMISSIONER NOËL: Okay. So, there is sort of an anomaly in the overall picture.
LISTNUM 1 \l 1289 MR. SLAIGHT: Right. We had no intention of getting into the TV business at that point in time, but I think we've done a good job in maintaining and running the TV station now.
LISTNUM 1 \l 1290 COMMISSIONER NOËL: And Mr. Parisien, are you dreaming of buying CTV?
LISTNUM 1 \l 1291 MR. PARISIEN: I am not calling it. I am not calling it a ‑‑
LISTNUM 1 \l 1292 COMMISSIONER NOËL: Or Canwest?
LISTNUM 1 \l 1293 MR. PARISIEN: No, no, no. I am not calling it an anomaly; I am calling it a nice‑to‑have. Not necessarily a must‑have, but we're happy to have them.
LISTNUM 1 \l 1294 COMMISSIONER NOËL: A nice‑to‑have and I gather from what Mr. Shafer said earlier, that there is no ‑‑ and I'll use a French term for lack of the proper English one ‑‑ étanchéité between the newsrooms in the operation.
LISTNUM 1 \l 1295 MR. PARISIEN: No. From what we all understand, it's multi tasking and they are a lot. It's a very small community and I think the fact that they do share so much because of a better service of that community also.
LISTNUM 1 \l 1296 COMMISSIONER NOËL: Thank you very much. Those were my frivolous questions. Now, let's get to the meat, and I'm putting my glasses. I have to be able to re‑read my pattes de mouche here.
LISTNUM 1 \l 1297 There is four points that I would like to discuss this morning. The first one will be the value of the transaction; the second one will be the potential effect of common ownership, particularly in the Montreal and Ottawa‑Gatineau market as well as the potential for destabilization of the national and local advertising costs in those markets and the potential for homogenization of the news and information. That's very hard in English. In French it's easy, but in English, it's more complicated. And the possible reduction of overall programming diversity.
LISTNUM 1 \l 1298 Thirdly; I would like to address the ownership and that's going to be very short because of the fact that you have finally chosen your scenario and we received documentation. There are a few things missing that I will ask you to file.
LISTNUM 1 \l 1299 And finally, I would like to discuss corporate renewals, given the fact that many of the licences of the Standard Life will expire in 2010 and 2011 and I would like to address, you know, some of that.
LISTNUM 1 \l 1300 Value of the transaction. You established a value of the transaction in the Purchase Agreement and the total consideration is, according to the Purchase Agreement, $1,082,369,866 payable in cash and in shares.
LISTNUM 1 \l 1301 The cash consideration totals $879,882,800 and the share part totals $4,759,087 Astral Class A non‑voting shares, a weighed average price of $42.62, totalling $202,487,066.
LISTNUM 1 \l 1302 You have all those figures in front of you, I'm sure and, Mr. Gagnon, you have to open your ears because I think you will be ‑‑ you will have to interfere somewhere in here.
LISTNUM 1 \l 1303 So, I'm sorry for the length of the question, but I will come to the meat later on. I am just trying to stage what I have to tell you.
LISTNUM 1 \l 1304 This weighed average price was arrived at by using the trades over a period of five days, from Tuesday April 10, to Monday April 16 inclusive. That means two days before the announcement, the day of the announcement and two days after the announcement of the transaction that was announced on April 12.
LISTNUM 1 \l 1305 You also based that choice, using Chapter 1581 of the CICA Handbook on Business Combinations at paragraph 25 and you quote in one of your answers to the Lettre de lacunes, the market value ‑‑ I'll use the English version :
"The value of the shares is based on their market price over a reasonable period before and after the date, the terms of the business combinations are agreed to and announced."
LISTNUM 1 \l 1306 And that is the bottom part of paragraph 25.
LISTNUM 1 \l 1307 But in the same paragraph the gap also states :
"Accounting for a business combination effected by issuing shares, the quote of the market price of the shares issued generally is used to estimate the fair value of the acquired enterprise after recognizing possible effects of price fluctuations, quantities trade issues, costs and similar items."
LISTNUM 1 \l 1308 Because the market was worried that Astral could pay too much to acquire Standard assets, the value of the class A shares went down considerably during the negotiation period, closing at $41.58 before the public announcement down from a weighed average price of $46.30 between January 22nd and February 2nd.
LISTNUM 1 \l 1309 But after the announcement, the share price rebounded by $1.17 on April 12 and at $42.85 and by another $0.21 the next day, to reach $42.96. And I have somewhere ‑‑ somewhere I do have those. Ah! Voilà. Okay.
LISTNUM 1 \l 1310 So, given that, and here is the question: Given that the uncertainty in the market was only removed after the announcement, would it not be preferable to calculate the weighed share price by using the five‑day period starting on April 12, the day of the announcement and ending on April 18, rather than from April 10 to 16.
LISTNUM 1 \l 1311 And, of course, the weighed average price would be different. It would be $42.94 and that's according to the calculation you submitted to us instead of $42.62, that's $0.32 difference and it could increase the value of the transaction by that amount multiplied by the number of shares.
LISTNUM 1 \l 1312 Monsieur Parisien.
LISTNUM 1 \l 1313 MR. PARISIEN: Well, I'll give you the short form answer to that and then I will let Claude Gagnon give you details and before giving Claude the chance to ‑‑ I'll give you the details and I'll also talk about valuation in general.
LISTNUM 1 \l 1314 The short answer to that is "no". The value of the share has no impact on the price of the transaction, okay, and Claude will address that for you.
LISTNUM 1 \l 1315 This deal was dealt between a motivated vendor and a motivated purchaser. It was negotiated at arms' length, in good faith. We used a multiple formula, which is something you see in all industries and it was applied with the right standards.
LISTNUM 1 \l 1316 It was also backed by our advisors and we have filed with the Commission documentation to that effect and there are three different documents. One is a KPMG document, a National Bank document and the Ernst & Young document.
LISTNUM 1 \l 1317 So our advisors did confirm that the price in the negotiation reflected a fair market value as agreed upon by both parties. And maybe Claude can explain to you what the documents refer to and why it doesn't affect ‑‑ why the share price doesn't affect the price of the transaction.
LISTNUM 1 \l 1318 COMMISSIONER NOËL: Maybe just before that, do you mean to say that the cash part would have varied if the price had been ‑‑
LISTNUM 1 \l 1319 MR. PARISIEN: No. I think we should listen to the experts explanation.
LISTNUM
1 \l 1320 COMMISSIONER
NOËL: Merci, monsieur Parisien. Monsieur Gagnon, je suis tout ouïe.
LISTNUM 1 \l 1321 MR. GAGNON: Thank you, Jacques, for the compliment.
LISTNUM
1 \l 1322 Alors, madame la Commissaire, to specifically reply to your
question, would it be preferable to use a five‑day period subsequent to
the announcement, the answer to that is : no, the rules are quite clear that
the market value of the shares to be established on the basis of the trading
price over a short period of time, prior to the announcement and a short period
of time subsequent to the announcement.
LISTNUM
1 \l 1323 So,
we have to cover a period prior to the announcement of the binding agreement
between the two parties.
LISTNUM
1 \l 1324 Yes,
we did supply that information at the request of the Commission and I think
frankly that information demonstrates that the share price did not fluctuate
significantly after the, say, the three‑day period beginning with the
date of the announcement.
LISTNUM
1 \l 1325 So,
the rules are quite clear and we have to abide by the rules. We're a public corporation and we report on
the basis of Canadian generally accepted accounting principles and we have
followed those.
LISTNUM
1 \l 1326 As
a matter of fact, the example that is depicted in the CICA Handbook, it so
happens covers the same period of time.
Two days prior to the announcement of the binding agreement, the day of
the announcement and two days subsequent, hence, the price of $42.62 a share.
LISTNUM
1 \l 1327 I'll
just correct something that monsieur Parisien mentioned and that if the share
price varies, of course, the value of the share component is going to
vary. It could have varied up or down
between the day of the non‑binding agreement between the two parties and
the day of the binding agreement.
LISTNUM
1 \l 1328 So,
either way that component could have varied.
It so happens that the share price did go down. It could have gone up for other reasons, but
we've reported on the basis of the rules.
LISTNUM 1 \l 1329 COMMISSIONER
NOËL: Merci, monsieur Gagnon.
LISTNUM
1 \l 1330 Now,
Mr. Parisien, if the Commission was to determine if, in its wisdom and despite
your arguments, that the value of the shares is actually $42.94 and not $42.62,
the value of the transaction would increase by $1,520,316. Could you comment on this possible approach?
LISTNUM
1 \l 1331 MR.
PARISIEN: Well, I would be very
surprised if the Commission would defy the general recognized Canadian
accounting principles and not follow the rule.
I would be surprised to see the Commission go in that direction.
LISTNUM 1 \l 1332 COMMISSIONER
NOËL: Merci, monsieur Parisien pour ce
conseil de sage.
LISTNUM
1 \l 1333 Maintenant,
the Purchase Agreement provides that Mr. Slaight will be appointed to the Board
of Astral if the transaction is approved.
LISTNUM
1 \l 1334 In
an answer to a deficiency letter, you confirmed that the fees payable to
directors on the Board of Astral are $40,000 a year, what fee payable in two
instalments, 20‑20.
LISTNUM
1 \l 1335 Could you tell us why this amount should not be
added to the value of the transaction or do you not consider it to be a
remuneration?
LISTNUM
1 \l 1336 MR.
PARISIEN: It is definitely not
remuneration. Mr. Slaight will have no
dealings or no responsibility in the operation of the Standard properties nor
of Astral Media Radio. He was invited to
sit on the Board of Astral and that fee is paid as a compensation for his role
as an administrator director of Astral, sitting on the Board the same way we
remunerate all our other directors.
LISTNUM
1 \l 1337 COMMISSIONER
NOËL: But it's also a financial
advantage for him.
LISTNUM
1 \l 1338 MR.
PARISIEN: That's his tax problem, but it
has nothing to do with the operation of the radio stations.
LISTNUM
1 \l 1339 MR.
GREENBERG: If I can just add something
to that, Commissioner Noël. It is
customary for someone who is a large shareholder of a corporation to also have
a seat on the Board.
LISTNUM
1 \l 1340 COMMISSIONER
NOËL: Especially if his shares are non‑voting.
LISTNUM
1 \l 1341 MR.
GREENBERG: Well, 98 per cent of all
shares of Astral are non‑voting, but the point is that he is compensated
as a director. The reason he is on the
Board is because he is going to become a significant shareholder.
LISTNUM
1 \l 1342 As
you know, Board of Directors are approved and voted on every year. There is no guarantee he is there for one
year, 10 years or 20 years. So, it's
quite customary. We have had it in the
past when a large corporation bought a significant amount of shares, we've
offered them.
LISTNUM
1 \l 1343 I
mean, we offered Mr. Slaight to sit on the Board the same way we offered other
companies when they had a large shareholding to sit on the Board and they get
the exact same remuneration all that year.
LISTNUM
1 \l 1344 COMMISSIONER
NOËL: And there is also some liabilities
that are attached to the duty of directors.
LISTNUM
1 \l 1345 MR.
GREENBERG: Absolutely.
LISTNUM
1 \l 1346 COMMISSIONER
NOËL: That are probably far more
important than the $40,000 a year of compensation.
LISTNUM
1 \l 1347 MR.
GREENBERG: I would think so.
LISTNUM
1 \l 1348 COMMISSIONER
NOËL: But some of our personnel are
questioning the validity of adding this to the transaction or not and since
there are no terms for the appointment of a director because he is re‑elected
every year, as you say, by the voting shareholders, but our personnel or our
staff estimated that five years would be a reasonable time frame to evaluate
the value of this item to be added to the value of the transaction, at
$200,000.
LISTNUM
1 \l 1349 Bear
with me, we are not ‑‑ and I am not talking about the bear
here ‑‑ so, I've heard your comments. It's clear that you don't think that this
should be added to the value of the transaction. But in the hypothesis that the Commission
determines that the value of the transaction is increased by those two amounts
that I have mentioned, $1,520,316 based on the weighed average price of the
shares, $42.94 versus $42.62, and by an additional $200,000, i.e. the
remuneration paid to Mr. Slaight as a director of the company, based on a five‑year
tenure, this would bring the total value of the transaction to $1,084,090,316,
a total increase of $1,720,316 over more than a billion dollars.
LISTNUM
1 \l 1350 And
using the same allocation you used between the regulated and the non regulated
assets, i.e. 94.83 per cent for the 52 radio stations and 1.54 per cent for the
two TV stations, staff calculated that an additional $110,469 should be payable
as benefits, for a total of $61,683,000 for the radio assets and $1,670,000 for
the TV assets.
LISTNUM
1 \l 1351 Would
you agree to file an amended benefits plan to take into consideration those
additional amounts?
LISTNUM
1 \l 1352 MR.
PARISIEN: I think the benefit package
that we have offered is ‑‑ you know, it's one of the most
generous package ‑‑ it is the most generous package in the
radio industry of Canada. It has conformed
to all of the Commission's regulation, to general accepted accounting
principles and to the way businesses are run, especially public companies with
board and members on the boards.
LISTNUM
1 \l 1353 I
think it would be a very dangerous precedent and it would be unfair because all
the cases have not been treated the same way.
I know Astral has gone through another case when it purchased Radio
Mutuelle and monsieur Beauchamp joined the Board and we never considered his
compensation as a Board member at that time.
LISTNUM
1 \l 1354 So,
why would it change today?
LISTNUM
1 \l 1355 So,
I am not sure that's the right direction to go.
LISTNUM 1 \l 1356 COMMISSIONER
NOËL: Merci, monsieur Parisien. I have one final question on the topic of valuation of the transaction
and I would like you to give us your point of view on materiality.
LISTNUM
1 \l 1357 Could
you tell us what are your views on the materiality of the changes we just
discussed and what should we do with that?
LISTNUM
1 \l 1358 MR.
PARISIEN: Claude, do you want to address
the materiality issue?
LISTNUM
1 \l 1359 MR.
GAGNON: You're talking about the two
adjustments that ‑‑
LISTNUM
1 \l 1360 COMMISSIONER
NOËL: Voilà.
LISTNUM
1 \l 1361 MR.
GAGNON: ‑‑ the staff may deem, the Commission may deem ‑‑
LISTNUM
1 \l 1362 COMMISSIONER
NOËL: Yes. If we were in pure accounting, would that be
material?
LISTNUM
1 \l 1363 MR.
GAGNON: To answer that question, pure
accounting, the answer would be "no", but I think what monsieur
Parisien expressed here has nothing to do with materiality. It's more a matter of principle.
LISTNUM 1 \l 1364 COMMISSIONER
NOËL: Merci beaucoup, monsieur
Gagnon. Alors nous allons laisser le
sujet de l'évaluation de la transaction et on va parler de common ownership.
LISTNUM
1 \l 1365 Given,
that you will own four FM and one AM stations in Montreal, that's two FM in
French, two FM in English and one AM in English, and that you will own three FM
in the Ottawa‑Gatineau area, and that's two French and one English, if
the transaction is approved, is there a risk that it could destabilized the
cost of local and national advertising in those two markets?
LISTNUM
1 \l 1366 MR.
PARISIEN: No, that could not happen and
I will explain why. I think Rob would
like to comment on that and Mr. Sabbatini also.
LISTNUM
1 \l 1367 You
know, at the end of the day in the radio industry, rates and tariffs are not
established by the radio operator.
They're established by the marketplace and that's a fact. Any broadcaster in radio would come here and
say that you can push your tariff as much as you want, there is ‑‑
the ultimate decision is done by or is made up by the clients.
LISTNUM
1 \l 1368 To
address a specific situation in the English and French market, I just want to
remind the Commission that, you know, this has been debated in the last five
years at length in Canada, through the Commission, through the Competition
Bureau and that are measuring bureau, the BBM Offices consider the English
market as one market and the French market as another market.
LISTNUM
1 \l 1369 The
Competition Bureau in recent cases where we have been involved has also
established that Montreal French and Montreal English are two different
markets, just as the BBM reports them as two different markets.
LISTNUM
1 \l 1370 And
I think the Commission also supported that in recent decisions and in policies.
LISTNUM
1 \l 1371 We
consider them as two different markets and we cannot add them together to talk
about the size of the share in those two markets.
LISTNUM
1 \l 1372 In
the Montreal market something also particular is the fact that CHORUS is in the
same situation, as Astral will be. They
have French stations, English stations and that doesn't seem to be an issue.
LISTNUM
1 \l 1373 I
also know that Rob has spent 30 years, even thought he doesn't look like it,
living through that, so maybe he can add something on that.
LISTNUM
1 \l 1374 COMMISSIONER
NOËL: Only his hairdresser knows.
LISTNUM 1 \l 1375 MR.
BRAIDE: Madame Noël, Montréal est une
ville très très bien intégrée au niveau culturel. We are very well‑integrated culturally in Montreal. The English and French communities move
virtually seemlessly amongst each other.
LISTNUM
1 \l 1376 However,
in terms of radio sales, we might as well be the East Coast and the West
Coast. They are very very distinct
markets. It has been the source of some
frustration for me over the 30 years of my career in Montreal that we haven't
been able to get quite for the francophone tuning on our radio stations,
therefore selling a reduced percentage of our cumulative audience.
LISTNUM
1 \l 1377 I
have fought these Astral guys hard on this over the past years and I have lost
at every turn.
LISTNUM
1 \l 1378 However,
you know, I understand your concern. On
the face of things, it would be perplexing, but from my personal experience as
an anglo‑québécois and as a business person in Quebec, I can assure you
that this does not change the face of the market place at all. They are two marchés séparés.
LISTNUM 1 \l 1379 COMMISSIONER
NOËL: Et, monsieur Braide, je sais que
vous êtes un montréalais pure laine, mais what about the Ottawa‑Gatineau
market? Do we have the same phenomenon in the Ottawa‑Gatineau
market?
LISTNUM
1 \l 1380 MR.
SABBATINI: I can talk about the Ottawa
market and just for Montreal ‑‑
LISTNUM 1 \l 1381 THE
CHAIRPERSON: Ah! monsieur de l'affichage
extérieur.
LISTNUM
1 \l 1382 MR.
SABBATINI: Well, since you give me the
opportunity to talk about outdoor, outdoor is a real ‑‑
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1383 MR.
SABBATINI: One of the first lunches I
had with Rob, I just made a joke to Rob and I said : this is great. You guys are now going to move in our offices
on Papineau and René‑Lévesque. So,
as I was saying that, I saw his face turn to white because most of the people
working at CHOM, CJAD and mix never went so much east in Montreal, So ‑‑
LISTNUM
1 \l 1384 COMMISSIONER
NOËL: And what about the team?
LISTNUM
1 \l 1385 MR.
SABBATINI: So, that shows you the big
difference between the French and the English market in Montreal.
LISTNUM
1 \l 1386 And
first, before I go to the Ottawa‑Gatineau market, I should say that in
the Montreal market, we will have five stations if this transaction goes
through, just to remind you that CHORUS has six. And now, CHORUS has just teamed up with
COGECO and Radio Nord to form a national rep shop where they have eight
stations altogether with 55 shares in the French market to sell to advertisers.
LISTNUM
1 \l 1387 So,
you know, again, I had to reflect on my career in radio after 20 years and I
was very unsuccessful to increase rates and now I understand why, because they
have no control on rates and we have no control on rates. Rates in radio go up when the ratings go up
and they go down when the ratings go down.
LISTNUM
1 \l 1388 In
the Ottawa‑Gatineau market ‑‑ we have our GM who is in
the room ‑‑ we are a small player and a very small player in
the Ottawa English market.
LISTNUM
1 \l 1389 In
Ottawa English, Rogers has four stations and they have like 26 shares. CHUM, they have four stations plus TV and
they have 40 shares. Newcap has two
stations with 20 shares. And the
Standard radio station has one FM with 11 shares.
LISTNUM
1 \l 1390 So
even if we teamed up, even though it's two different markets, with our small
French station we are unable to reach the English advertisers. We are not a dominant player, we are not even
a leader, we are a very small player compared to these guys.
LISTNUM 1 \l 1391 CONSEILLERE
NOËL : Merci beaucoup, Monsieur Sabbatini de cet éclairage.
LISTNUM
1 \l 1392 Maintenant,
the other team I announced, is there a risk of homogenization of the news and
information, especially in the Montreal and the Ottawa‑Gatineau market?
LISTNUM
1 \l 1393 MR.
PARISIEN: No, there is no danger of
homogenization ‑‑
LISTNUM 1 \l 1394 COMMISSIONER
NOËL: Ah, tu n'es pas mieux que moi.
‑‑‑ Rires /
Laughter
LISTNUM
1 \l 1395 MR.
PARISIEN: ‑‑ for the newsroom in Ottawa or Montreal, and to
that effect, Madam Commissioner, anywhere else.
LISTNUM
1 \l 1396 The
issue of diversity is an important one to us.
There will be no reduction of diversity.
We are substituting one broadcaster by another. We are not reducing the number of stations.
LISTNUM
1 \l 1397 We
are maintaining and, if possible, enhancing the news programming and the local
programming and so on and so forth. So
no, there will not be any reduction.
LISTNUM
1 \l 1398 COMMISSIONER
NOËL: What you are telling us is that
finally what we are doing ‑‑ if the transaction is approved,
what we would be doing is reconstituting the old Télémédia ‑‑
LISTNUM
1 \l 1399 MR.
PARISIEN: It is maintaining ‑‑
LISTNUM
1 \l 1400 COMMISSIONER
NOËL: ‑‑ that was spanning across the country?
LISTNUM
1 \l 1401 MR.
PARISIEN: ‑‑ maintaining the editorial voices as they are,
yes, which reflects what was there five‑six years ago.
LISTNUM
1 \l 1402 COMMISSIONER
NOËL: The Great Atlantic and Pacific
Company. You should rebrand it that way.
LISTNUM
1 \l 1403 Finally
on that topic, although you claim in your supplementary brief that you will
remain a medium‑size player after the transaction, and I guess you are comparing
yourself to the CTVs and Rogers and other players of the world ‑‑
I see Mr. Lind in the back of the room here ‑‑ you will become
if the transaction is approved the largest radio broadcaster in the country.
LISTNUM
1 \l 1404 Could
this be an advantage in terms of national sales and advertising?
LISTNUM
1 \l 1405 MR.
PARISIEN: No, it is not because, again,
it has to be looked at market by market and we are not necessarily the number
one or the number two or necessarily the number three station in all the
markets where we are present.
LISTNUM
1 \l 1406 We
have markets where we are stronger and markets where we are weaker and as Mr.
Sabbatini mentioned, so goes the BBM, so goes the revenue, and it is more a
reflection of our performance than it is size.
LISTNUM
1 \l 1407 If
you look at size, I think there are two criteria we should consider to
establish a comparison and they are generally recognized by the industry.
LISTNUM
1 \l 1408 One
is the listening hours. So when we put
all of our stations, the Astral Media stations and the 52 stations that
Standard is operating, we get, if we base it on the last BBM we had, a 19
percent share of the Canadian market, followed very closely by Corus at 17.
LISTNUM
1 \l 1409 And
if we want to compare our leadership to the radio industry, well, I don't think
that is dominant, for sure, especially since the word "dominant," if
you look in a standard dictionary ‑‑ standard in the sense of
Webster or these kinds of dictionaries ‑‑
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1410 MR.
PARISIEN: ‑‑ you will see that it is something ‑‑
LISTNUM
1 \l 1411 COMMISSIONER
NOËL: It is not Mr. Slaight's
definition.
LISTNUM
1 \l 1412 MR.
PARISIEN: ‑‑ that pertains to sovereignty.
LISTNUM
1 \l 1413 And
also, the other criteria is national sales, revenues ‑‑ not
national but all revenues, and if you look at the last compilation of
statistics, the English market shares were for the combined Astral and Standard
at 22 percent, followed by Corus at 18 and Rogers at 14.
LISTNUM
1 \l 1414 Now,
we all know how volatile radio is. Three
BBMs from now, that 4 or 3 percent spread could change from one player to the
other. You lose two or three market
shares in Toronto and that makes a helluva difference.
LISTNUM
1 \l 1415 So
I submit that no, there is no way that that leadership can turn into
controlling prices or controlling rates and such awful thoughts.
LISTNUM
1 \l 1416 COMMISSIONER
NOËL: Market dominance.
LISTNUM
1 \l 1417 MR.
SLAIGHT: If I could just add another
small point. In terms of national sales,
and we have dealt with it and it is difficult, Corus and Rogers sell together
nationally in most marketplaces, so they will continue to dominate in terms of
putting those two audiences together.
LISTNUM
1 \l 1418 COMMISSIONER
NOËL: Except in Quebec where they sell
with Cogeco and Radio Nord ‑‑
LISTNUM
1 \l 1419 MR.
SLAIGHT: Yes.
LISTNUM
1 \l 1420 COMMISSIONER
NOËL: ‑‑ RNC Media.
LISTNUM
1 \l 1421 MR.
SABBATINI: On the national side, I
should remind you that nothing is going to change.
LISTNUM
1 \l 1422 We
are already a client of IMS and we have been a client of IMS for many, many
years. So that doesn't change anything
in Toronto, that doesn't change anything in Vancouver, where, like Gary
mentioned, CBS is a much stronger national rep firm.
LISTNUM
1 \l 1423 And
in terms of French or Ottawa‑Gatineau, we have been rep'd by IMS, so we
have been together for close to 10 years now.
So this transaction doesn't change anything in terms of adding stations
or control.
LISTNUM 1 \l 1424 CONSEILLERE
NOËL : Merci beaucoup, Monsieur Sabbatini.
LISTNUM
1 \l 1425 I
will now switch to ownership and I would just ‑‑ well, you
confirmed by a letter dated August 17th that Astral Media Radio General
Partnership would be the licensee of the undertakings covered by the
transaction if it is approved.
LISTNUM
1 \l 1426 The
partners will be Astral Media Radio (Toronto) Inc., a wholly owned subsidiary
of Astral Media Radio Inc., instead of doing it directly with Astral Media
Radio Inc., and the other partner will be 4382072 Canada Inc., a wholly owned
subsidiary of Astral Media Inc.
LISTNUM
1 \l 1427 Could
you refile an executed partnership agreement between Astral Media Radio
(Toronto) Inc. and the numbered company?
LISTNUM
1 \l 1428 MR.
PARISIEN: Yes, absolutely.
LISTNUM
1 \l 1429 COMMISSIONER
NOËL: Okay. Could you also refile an amended Déclaration
d'enregistrement de la société with the proper partners?
LISTNUM 1 \l 1430 MR.
PARISIEN: Yes.
LISTNUM 1 \l 1431 MME
LAFLAMME : Elle est déjà faite et je l'ai en main. Je pourrais la laisser tout à l'heure.
LISTNUM 1 \l 1432 CONSEILLERE
NOËL : Merci.
LISTNUM 1 \l 1433 Maintenant,
dernier point que je voulais aborder avec vous, the corporate renewals.
LISTNUM
1 \l 1434 I
have a little chart here in front of me of renewals for the next seven years of
the Standard radio licences: one in
2007; four in 2008; two in 2009; then we jump to 17 in 2010; 13 in 2011; and
then it trickles down to barely nothing in 2014.
LISTNUM
1 \l 1435 So
the bulk of the renewals are concentrated in 2010 and 2011, 30 out of 53, and the
balance is scattered across the board.
LISTNUM
1 \l 1436 So
would you agree if the transaction is approved to have administrative renewals
of all the licences expiring in the years 2007 to 2010 inclusively, that means
24 licences, and administrative renewal 2011, at which time the Commission
could review the renewal applications of 37 out of the 53 stations?
LISTNUM
1 \l 1437 MR.
PARISIEN: Yes, we would.
LISTNUM 1 \l 1438 CONSEILLERE
NOËL : Alors, mesdames, messieurs, je vous remercie beaucoup d'avoir participé
à cet échange, et je n'ai plus de questions.
LISTNUM
1 \l 1439 Madame
la Présidente.
LISTNUM
1 \l 1440 THE
CHAIRPERSON: Thank you, Commissioner
Noël.
LISTNUM
1 \l 1441 We
will be taking a break but before we do I just wanted ‑‑ for
those of you planning your day, we will break at noon for lunch for an hour and
a half. A couple of us have a meeting
back at the CRTC offices.
LISTNUM
1 \l 1442 So
we will now take a break for ‑‑ which may also mean that we
will interrupt Ron Williams when he is asking his questions but so be it.
LISTNUM
1 \l 1443 So
we will now take a 15‑minute break.
We will resume at 11:10.
LISTNUM
1 \l 1444 MR.
PARISIEN: Thank you.
LISTNUM
1 \l 1445 THE
CHAIRPERSON: Thank you.
‑‑‑ Upon recessing
at 1055 / Suspension à 1055
‑‑‑ Upon resuming
at 1112 / Reprise à 1112
LISTNUM
1 \l 1446 THE
CHAIRPERSON: Order, please.
LISTNUM
1 \l 1447 Commissioner
Williams.
LISTNUM
1 \l 1448 COMMISSIONER
WILLIAMS: Good morning, Mr. Greenberg,
Mr. Slaight, Mr. Parisien and the Astral/Standard panel members.
LISTNUM
1 \l 1449 I
will direct my questions to you, Mr. Parisien, and you can decide the most
appropriate way to answer.
LISTNUM
1 \l 1450 The
areas that I am going to be covering in the next little while will deal with
tangible benefits, compliance and outstanding benefits payments, and Canadian
content development with respect to its regulatory change.
LISTNUM
1 \l 1451 To
begin, I would like to confirm that the benefits arising from this transaction
will be exclusive of any other commitment, sponsorship, CCD commitment,
outstanding benefit or other source of funding already directed at any of these
initiatives from either Astral or Standard.
LISTNUM
1 \l 1452 MR.
PARISIEN: That is right.
LISTNUM
1 \l 1453 COMMISSIONER
WILLIAMS: I would also like to confirm whether
these benefits would be tied to specific undertakings or would be a corporate
payment.
LISTNUM
1 \l 1454 MR.
PARISIEN: I'm sorry, could you elaborate
a bit on that question?
LISTNUM
1 \l 1455 COMMISSIONER
WILLIAMS: I guess that you could tie the
benefit to individual pieces of the transaction ‑‑
LISTNUM
1 \l 1456 MR.
PARISIEN: No. So, in that sense, they will be corporate.
LISTNUM
1 \l 1457 COMMISSIONER
WILLIAMS: In the case of one of your
benefits to the Canadian Communications Foundation, the initiative does not
appear to directly support, promote, train or develop Canadian musical or
spoken word talent. I wonder if you
would consider the possibility that this initiative may not be acceptable and
you may wish to explore the manner in which Astral would redirect funding,
should we find that this ‑‑
LISTNUM
1 \l 1458 MR.
PARISIEN: Maybe we should take some time
to explain that benefit, because I think it is an interesting benefit to
consider.
LISTNUM
1 \l 1459 COMMISSIONER
WILLIAMS: That would be very good.
LISTNUM
1 \l 1460 MR.
PARISIEN: We are fortunate to have with
us two experts on benefits, Claude Laflamme and Rob Braide, so I will let them
explain to you what it is.
LISTNUM
1 \l 1461 MR.
BRAIDE: Thank you, Jacques.
LISTNUM
1 \l 1462 Commissioner,
referring quickly to paragraphs 169 and 170 of our supplementary brief, there
is an explanation of what this benefit would promote; also referring to
paragraph 108 of the new commercial policy that the Commission instituted, or
is about to institute.
LISTNUM
1 \l 1463 Quoting
from paragraph 108:
"All CCD initiatives must
involve direct expenditures and must be allocated to the support, promotion,
training and development of Canadian musical and spoken word talent, including
journalists."
LISTNUM
1 \l 1464 It
is our strong belief that the Canadian Communications Foundation portion, which
is $140,000 during the course of the licence, at $20,000 per year, is part of
the global initiative which we are trying to present to the Commission today.
LISTNUM
1 \l 1465 We
have a wide variety of items, adding up to, as I pointed out, over $10
million. Each of them takes a step.
LISTNUM
1 \l 1466 I
spoke of the ecology of our benefit package, and we believe that it starts when
the individual picks up the pen to write the song. We are working with the Canadian Songwriters
Association, again to the extent of over $1 million over the seven years of the
licence.
LISTNUM
1 \l 1467 As
well, CARAS MusiCan will be putting musical instruments into the hands of young
Canadians, for $100,000 a year, for $700,000 for the term of licence.
LISTNUM
1 \l 1468 I
can refer to several other items.
LISTNUM
1 \l 1469 We
see the donation to the Canadian Communications Foundation as kind of the
cherry on the sundae, if you will, in that you have to understand history, and
there needs to be a place, in our opinion, that you can point to and say: Here is an archive of Canadian
broadcasting. Here is what spoken word
broadcasters, journalists, can look to to understand where we came from, and
also to have access to some of the history of Canadian broadcasting, to further
make them understand what Canadian broadcasting is all about.
LISTNUM
1 \l 1470 We
believe that it does, very clearly, fit into, as I mentioned, paragraph 108 of
the new commercial policy.
LISTNUM
1 \l 1471 If
that answers your question ‑‑
LISTNUM
1 \l 1472 COMMISSIONER
WILLIAMS: It does. It gives good clarification. Thank you, Mr. Braide.
LISTNUM
1 \l 1473 Does
Astral feel it would be appropriate to submit annually a report detailing the
manner in which the required benefits have been extended, including the amounts
and the recipients, so that it's easier for us to track?
LISTNUM
1 \l 1474 MR.
PARISIEN: Absolutely. We would volunteer for that.
LISTNUM
1 \l 1475 COMMISSIONER
WILLIAMS: I would like to talk a bit
more about the Astral benefit package, along the lines of consideration of the
pros and cons of different approaches to administering benefits packages.
LISTNUM
1 \l 1476 If
you could touch on the following themes:
long‑term versus short‑term funding; independently
administered versus broadcaster administered funds; regional voices and
regional representation; opportunities for new players vis‑à‑vis
independent production; flexibility within the creative process; and
responsiveness to broadcasters' needs and viewer demand.
LISTNUM
1 \l 1477 I
recognize that that is long, so as you work your way through I will tick them
off, and if we miss some I will come back to them.
LISTNUM
1 \l 1478 MR.
PARISIEN: I will let Claude and Rob
address the specifics of that, but the general principle that we tried to lay
out when we drafted our benefit package was to, again, continue a lot of what
Standard had already done and committed to in the field of the music industry,
including emerging artists, evidently.
LISTNUM
1 \l 1479 Also,
to favour local communities as much as possible, and I think we have succeeded
in doing that.
LISTNUM
1 \l 1480 So
in terms of long‑term, short‑term, and our overall commitment, we
are dedicated to making those benefits happen.
LISTNUM
1 \l 1481 As
you know, we have provided for an administrator in our operating costs, not in
the benefits themselves. This is pretty
unique. It will be someone on staff with
Astral, paid by Astral from its operating budgets and not the benefits, who
will administer all of this. That person
will monitor the feedback from the benefits and the effects of the benefits,
and that person will probably be the one who will be doing the annual report
that we talked about in your previous question.
LISTNUM
1 \l 1482 In
that report, you will also be able to follow the long‑term and shorter
term effects of the benefits.
LISTNUM
1 \l 1483 Rob
may want to add something to that.
LISTNUM
1 \l 1484 MR.
BRAIDE: I am excited about this new
position. It is important to underline
that this is new head count for Astral.
This individual is not being charged against the benefit package.
LISTNUM
1 \l 1485 This
individual ‑‑ let's say about $100,000 a year ‑‑
will be in charge of administering a portion of our benefits. The vast majority of those benefits will be
administered by the individual organizations that we are giving the money to.
LISTNUM
1 \l 1486 For
example, Canadian Music Week, the expansion of the Canadian Radio Star
Competition ‑‑ for a total of $2,175,000 during the term of
the licence ‑‑ Canadian Music Week would administer this. This would not be done in‑house at
Astral.
LISTNUM
1 \l 1487 In
that regard, I would like to refer the Commission to its Decision 2005‑247
regarding Sirius Canada. In that decision
the Commission said that :
"it found it quite acceptable
that the management of the discretionary portion of these funds to the eligible
third parties would be done by Sirius."
LISTNUM
1 \l 1488 I
won't quote chapter and verse here, but we feel that there is some precedent
here.
LISTNUM
1 \l 1489 But
I want to underline, once again, that this is head count for Astral, this is
not being charged against the benefits program, because Astral and Standard do
far more than just administer and hand out benefit money. As I mentioned, emerging artists are not a
group of individuals standing over in the corner waiting to be recognized.
LISTNUM
1 \l 1490 This
individual will be responsible for a wide variety of initiatives across the
country.
LISTNUM
1 \l 1491 Speaking
of across the country, I understand your question regarding ‑‑
there won't be sort of a Toronto‑centricity to this, or a Montreal‑centricity. What we tried to do was take a couple of
existing programs, certainly the expansion of the Canadian Radio Star
Competition, which, in a remarkable way ‑‑ and I have worked
with this program for almost 14 years now, as one of Standard's managers. We go on the air and we ask local songwriters
to submit great music. A panel is established
internally. In Toronto it's one kind of
panel, and in Montreal it's a different kind of panel. All of the Standard Radio stations, at this
point, take submissions locally, and then we feed that into what becomes the
Canadian Radio Star Competition.
LISTNUM
1 \l 1492 Habitually,
the Songwriters Association of Canada, another significant recipient of our
benefit program, would take it over at that point and hold a songwriting
session in Toronto leading up to the actual Canadian Music Week.
LISTNUM
1 \l 1493 What
we are trying to do is take this out and move it across the country, whereby we
will be funding workshops on songwriting in each individual market where we
have radio stations, making this truly a national program.
LISTNUM
1 \l 1494 It
will also allow songwriters, in combination with the Songwriters Association of
Canada benefit, to be able to go online and get online tutorials and input
without having to go to Toronto ‑‑ again, removing that
Toronto‑centricity.
LISTNUM
1 \l 1495 We
believe that there is a wide variety of national input. Certainly our initiative with the National
Aboriginal Achievement Foundation is one that I am particular excited
about. I have been working with these
people for many years. There will be
$600,000, which will be spread across the country.
LISTNUM
1 \l 1496 What
they have, really, is a great system. It
has worked for the pulp and paper industry and the transportation
industry. They create a module ‑‑
they make a film, basically.
LISTNUM
1 \l 1497 So
they will work with our broadcasters and they will develop a really high‑end
film which will explain the broadcasting industry and how to get involved, the
various jobs that you might be able to do, and then it will take that project
into the schools where aboriginal youth are.
LISTNUM
1 \l 1498 Certainly,
aboriginal youth are represented across the country.
LISTNUM
1 \l 1499 It
is innovative. It has never been done
before. It's an exciting project, with a
really good national footprint.
LISTNUM
1 \l 1500 I
could go on and on in terms of the national footprint of the vast majority of
our benefits. I will let Don Shafer talk
about the television benefits package later, but I hope that has addressed some
of your questions.
LISTNUM
1 \l 1501 COMMISSIONER
WILLIAMS: Let's go back to the National
Aboriginal Achievement Foundation work.
LISTNUM
1 \l 1502 You
have allocated $300,000 in the first year for the development of this
module. Will those be the costs of
producing the film that you spoke of? Is
there consultation money built into that?
Will there be a team of people, or will it purely be the costs of the
film?
LISTNUM
1 \l 1503 MR.
BRAIDE: It will be the costs of the film
and whatever work they need to do within their organization to get that done.
LISTNUM
1 \l 1504 The
money is front‑end loaded because it is a pretty high‑end product
that they put out. I have seen the one
for the softwood lumber industry, and the transportation industry, and it's
very high‑end stuff. It is
captivating video, which it has to be to get the attention of young kids.
LISTNUM
1 \l 1505 How
they expend the money, I am sure, will be partially on film and partially on
putting it together.
LISTNUM
1 \l 1506 COMMISSIONER
WILLIAMS: How will the film or this
module be presented? Will Standard
employees make a presentation along with the film?
LISTNUM
1 \l 1507 MR.
BRAIDE: No, this will be completely
administered by the NAAF. They will take
it into the schools themselves ‑‑ members of the aboriginal
community presenting to members of the aboriginal community.
LISTNUM
1 \l 1508 COMMISSIONER
WILLIAMS: Thank you.
LISTNUM
1 \l 1509 In
your benefit regarding internship in small markets you suggest that the
beneficiaries of this initiative be selected from the North Peace and northern
B.C. regions and areas.
LISTNUM
1 \l 1510 Why
the geographical focus?
LISTNUM
1 \l 1511 MR.
BRAIDE: Mr. Shafer will take this
question.
LISTNUM
1 \l 1512 MR.
SHAFER: Thank you, Rob.
LISTNUM
1 \l 1513 Mr.
Commissioner, the benefit is tied directly to television, and there are a
number of needs in those areas. One is,
we need more producers.
LISTNUM
1 \l 1514 Speaking
with various First Nations groups, it is very, very difficult to find these
kids and encourage them to choose careers in broadcasting, so we have been
working with various elders and various groups to try to develop an initiative,
and this is the one that materialized.
It specifically reaches into the various bands, finds kids that are
eligible for a grant ‑‑ a scholarship at BCIT, and then
encourages them to work in the markets, to begin telling their local stories.
LISTNUM
1 \l 1515 We
are quite excited about this.
LISTNUM
1 \l 1516 COMMISSIONER
WILLIAMS: That's great.
LISTNUM
1 \l 1517 I
am wondering why, as a national player, you have targeted that particular
region, or that particular part of a region.
LISTNUM
1 \l 1518 MR.
BRAIDE: Basically because this benefit
relates more to television, and our television stations are in that region.
LISTNUM
1 \l 1519 COMMISSIONER
WILLIAMS: Thank you.
LISTNUM
1 \l 1520 Your
benefits are substantial, there is no question.
Do you anticipate that there would be a shock to the broadcasting system
a few years out when the benefits end?
LISTNUM
1 \l 1521 MR.
PARISIEN: Well, what's your call?
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1522 MR.
PARISIEN: Seven years from now.
LISTNUM
1 \l 1523 "Shock"
may be an overstatement. I am sure there
will be other transactions and there will be other processes that will come in
to fill that void which, after seven years, may happen. Hopefully those benefits will have generated
other initiatives and other activities.
LISTNUM
1 \l 1524 We
have seen that the funds that we have put forward have helped fund makers and
others to survive longer, and there will be other players that will come along.
LISTNUM
1 \l 1525 That
is a very hypothetical question, but I am confident that this is not the end of
it.
LISTNUM
1 \l 1526 MR.
BRAIDE: If I could add, 3 percent of our
benefits, or $30,800,000, is going to Starmaker, and I know that my friend Chip
Sutherland was expressing some concern a couple of years ago that this fund was
going to dry up. It is anything but dry
at this point, and it is extremely well funded heading into the future.
LISTNUM
1 \l 1527 As
Mr. Parisien just pointed out, transactions come along, and history has shown
that these are sustainable operations.
LISTNUM
1 \l 1528 COMMISSIONER
WILLIAMS: I would imagine, looking down
the road, that there will be fewer and fewer opportunities for transactions as
consolidation takes force. That is
mainly why I was asking that question.
LISTNUM
1 \l 1529 MR.
PARISIEN: I understand that.
LISTNUM
1 \l 1530 Maybe
an option would be to pay the benefits on a longer term.
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1531 COMMISSIONER
WILLIAMS: It would have to be over a
larger amount, as well, then, to recognize the diminishing value of money over
the years.
LISTNUM
1 \l 1532 Astral
suggests prolonging some of the benefit payments on previous transactions. Could you please give us some insight as to
the reason for prolonging these payments?
LISTNUM
1 \l 1533 For
example, from Broadcasting Decision 2000‑291, the current date is 2008,
and the proposed date is 2009. And from
2000‑216, again from `08 to `09.
And from 2000‑1769, from `08 to `09.
LISTNUM
1 \l 1534 Why
the rescheduling of these payments?
LISTNUM
1 \l 1535 MR.
PARISIEN: Again, I will let Madam
Laflamme give you clarification on this.
LISTNUM
1 \l 1536 MS
LAFLAMME: Those were previous benefits
that Standard had from previous acquisitions, so we will continue the
commitments. We will carry on the
commitments of Standard from the previous acquisitions.
LISTNUM
1 \l 1537 MR.
BRAIDE: We saw some great ideas. We saw some great ideas, certainly, when the
Astral guys asked me to help out a little bit on generating the benefits ideas. I was able to look at what Gary did for the
Canadian Radio Star Competition, and that benefit was about to end. And so our suggestion is that we not only
continue that and carry it on, but also expand it significantly.
LISTNUM
1 \l 1538 COMMISSIONER
WILLIAMS: But why would you extend the time
by which it is to pay the outstanding benefits inherited by Standard for one
year? Why would you extend it one year?
LISTNUM
1 \l 1539 MS
LAFLAMME: We are not extending it. Are you talking about the CMW benefit?
LISTNUM
1 \l 1540 COMMISSIONER
WILLIAMS: Sorry, I have got ‑‑
LISTNUM
1 \l 1541 MS
LAFLAMME: The Canadian Music Week
commitment? Because there is one year
remaining, so Standard has to pay another $100,000 for the next year following
the transaction with Telemedia. So we
are going to continue that $100,000 and we add $235,000 for this year, and
after it is going to be $325,000 a year I think.
LISTNUM
1 \l 1542 MR.
BRAIDE: Yes, this is basically ‑‑
the project is $250,000 a year. And in
the first year we have $100,000 left from the Standard benefit. We will supplement that out of the Astral
package up to the amount of the $250,000.
And then years two through seven will be entirely money falling from the
Astral/Standard transaction.
LISTNUM
1 \l 1543 COMMISSIONER
WILLIAMS: Okay, thank you. Would you accept conditions of licence on each
of your stations, except for your new licence in Regina, reflecting the
Commission's proposed changes to the radio regulations as they apply to CCD? This, of course, would include minimum
contributions to FACTOR and would be based on annual revenues rather than by
market, as in the former CAB plan.
LISTNUM
1 \l 1544 MS
LAFLAMME: Yes, we will do.
LISTNUM
1 \l 1545 COMMISSIONER
WILLIAMS: Thank you. Well, that
completes my line of questioning, Mr. Parisien.
Thank you.
LISTNUM
1 \l 1546 MR.
PARISIEN: Thank you.
LISTNUM
1 \l 1547 COMMISSIONER
WILLIAMS: Thank you, Madam Chair.
LISTNUM
1 \l 1548 THE
CHAIRPERSON: Thank you, Commissioner
Williams.
LISTNUM
1 \l 1549 Commissioner
Noël.
LISTNUM
1 \l 1550 COMMISSIONER
NOËL: Just one question, Mr.
Parisien. Mr. Williams mentioned that
there could be a shock at the end of the benefits period and you mentioned that
there could be other transactions.
LISTNUM
1 \l 1551 How
many radio stations did Astral own seven years ago?
LISTNUM
1 \l 1552 MR.
PARISIEN: Seven years precisely, none,
Madam Noël.
LISTNUM
1 \l 1553 COMMISSIONER
NOËL: That is what I thought. And now, will be the..?
LISTNUM
1 \l 1554 MR.
PARISIEN: Now, we have eight in the
Maritimes, 21 in Quebec in French and we are acquiring 52 operating stations,
plus one pending opening soon.
LISTNUM
1 \l 1555 COMMISSIONER
NOËL: For a total of?
LISTNUM
1 \l 1556 MR.
PARISIEN: Eight‑three.
LISTNUM
1 \l 1557 COMMISSIONER
NOËL: Eh?
LISTNUM
1 \l 1558 MR.
PARISIEN: Eighty‑two.
LISTNUM
1 \l 1559 COMMISSIONER
NOËL: Quatre‑vingt‑deux, 82
stations. Okay, thank you.
LISTNUM
1 \l 1560 So
there is ‑‑
LISTNUM
1 \l 1561 MR.
PARISIEN: And I must say Commissioner
Williams also ‑‑ I maybe should ‑‑
LISTNUM
1 \l 1562 COMMISSIONER
NOËL: ‑‑ there is evolution.
LISTNUM
1 \l 1563 MR.
PARISIEN: There is evolution and there
are markets where we only have one station and we will probably try to apply
for other stations where we will, again, offer interesting benefits.
LISTNUM 1 \l 1564 COMMISSIONER
NOËL: Mais pas nécessairement dans en
Québec?
LISTNUM
1 \l 1565 MR.
PARISIEN: Not necessarily in Quebec, you
are absolutely right.
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1566 COMMISSIONER
NOËL: Merci, Monsieur Parisien.
LISTNUM
1 \l 1567 THE
CHAIRPERSON: Thank you. I do have some follow‑up questions with
regard to the line of questioning by Commissioner Williams.
LISTNUM
1 \l 1568 You
are allocating some, in total, $490,000 to Canadian Music Week in three
separate projects in fact. And I
remember asking CTV this same question, Canadian Music Week, well‑attended,
certainly Canada's premiere event for Canadian talent, both emerging and
established. Can you give me your
rationale as to why such a large portion of your benefits money is going to
this one event?
LISTNUM
1 \l 1569 MR.
BRAIDE: I have known this organization
myself as has the industry for many years and Neil Dickson and his people truly
have their finger on the pulse of what is going on out there. The event is ground‑breaking, it is
leading edge, the ideas that he comes up with are innovative and has truly a
national footprint.
LISTNUM
1 \l 1570 You
know, over $4 million of benefits to one organization is a huge amount of
money, but we just feel that they can administer it exceedingly well, they can
achieve the objectives of the commercial policy and of the Broadcasting Act
with the assistance of our dollars. We
feel very well about the organization.
LISTNUM
1 \l 1571 MR.
SLAIGHT: And again, Rob and Claude put
together the benefits, but I believe it is a focus on making some of the events
better and helping the artists who are in Toronto at that point in time get
more exposure and bring the songwriters' contest to a larger forum. So I think the even itself is large, I think
we are trying to take advantage of that to the benefit of the artists out there
in Canada.
LISTNUM
1 \l 1572 THE
CHAIRPERSON: And one of the things that
these benefits includes is the production of I think it is the Canadian Radio
Music Awards, the television show, to be produced from that, well to actually
produce the awards show, right ‑‑
LISTNUM
1 \l 1573 MR.
SLAIGHT: True.
LISTNUM
1 \l 1574 THE
CHAIRPERSON: ‑‑ and distribute it. Will this show be available to all television
broadcasters?
LISTNUM
1 \l 1575 MR.
SLAIGHT: It has in the past. Yes, we
have produced it before ‑‑
LISTNUM
1 \l 1576 THE
CHAIRPERSON: Okay.
LISTNUM
1 \l 1577 MR.
SLAIGHT: ‑‑ and it has been offered to everybody in the past.
LISTNUM
1 \l 1578 THE
CHAIRPERSON: So this isn't an
incremental?
LISTNUM
1 \l 1579 MR.
SLAIGHT: No, we took it upon ourselves
at Standard to produce it one year in conjunction with Barb Williams when she
was at the Toronto TV station. So it was
a one‑time thing that we did just to see how it would go. And they have taken that concept and taken it
to a larger vision.
LISTNUM
1 \l 1580 THE
CHAIRPERSON: And would this be available
to the two CBC affiliates in Terrace and Dawson Creek, for example?
LISTNUM
1 \l 1581 MR.
PARISIEN: Sure, it could be.
LISTNUM
1 \l 1582 THE
CHAIRPERSON: At cost or..?
LISTNUM
1 \l 1583 MR.
PARISIEN: You would have to negotiate
with Mr. Shafer at that point in time, which is tough.
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1584 THE
CHAIRPERSON: They are tough negotiators
aren't they, Mr. Shafer? Would this be
at a cost to those two stations?
LISTNUM
1 \l 1585 MR.
SLAIGHT: No, we would give it to the
stations to run. It is about giving the
talent exposure.
LISTNUM
1 \l 1586 THE
CHAIRPERSON: And what about the radio on
podcast specials? I know in response to
deficiencies you said that the podcasts would be distributed to all radio
stations. Again, would this be at no
cost to those radio stations?
LISTNUM
1 \l 1587 MS
LAFLAMME: Totally free.
LISTNUM
1 \l 1588 THE
CHAIRPERSON: Totally free? And all
really does mean all?
LISTNUM
1 \l 1589 MS
LAFLAMME: All.
LISTNUM
1 \l 1590 THE
CHAIRPERSON: Across the country?
LISTNUM
1 \l 1591 MS
LAFLAMME: All radio stations across
Canada.
LISTNUM
1 \l 1592 THE
CHAIRPERSON: Okay. The Astral Media Artist Development
Assistance, you say in your application that this could provide up to 20 grants
for projects proposed by individuals aimed at developing spoken‑word
programming. I guess ultimately Astral
could benefit from the giving of these grants by hiring some of these
recipients and, as you know, the benefits package says that the person giving
the benefits should not receive any indirect or direct benefit.
LISTNUM
1 \l 1593 So
can you tell me how this is applicable to our policy?
LISTNUM
1 \l 1594 MR.
BRAIDE: Yes, by all means. You know, it is a very valid question and,
you know, there may be ‑‑
LISTNUM
1 \l 1595 THE
CHAIRPERSON: I have had practice.
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1596 MR.
BRAIDE: You know, there may be a Wayne
Gretzky out there or two, there is no question.
LISTNUM
1 \l 1597 I
think what we are trying to do with this initiative, Madam Chair, is stimulate
the growth of broadcasting excellence across the country and, particularly,
individuals who might be working in community radio stations, campus radio
stations, smaller radio stations in smaller markets.
LISTNUM
1 \l 1598 It
is not immediately assumed that as a result of being a recipient of one of
these grants that you are going to get a job with Astral, Rogers, Corus or
CTV. What we are trying to do is give an
opportunity for individuals to be identified by their local managers, again,
community radio stations. I was the
first program director at Radio Carleton here in Ottawa in 1975. I have a deep
understanding and love for campus radio.
It would have been great if we would have had this kind of initiative
back then to allow people to develop as broadcasters.
LISTNUM
1 \l 1599 We
want to develop broadcasters, we are not trying to grab the cream of the
crop. These individuals will not have to
sign any kind of, you know, contract with Astral Media, they will be available
to the entire country.
LISTNUM
1 \l 1600 THE
CHAIRPERSON: Would you deem it
appropriate, or not, if we were to say, you know what, perhaps Astral should
consider capping the number of people that it would take from this Artist
Development Program and, if you are in agreement with that, what number of that
20 would you cap it at?
LISTNUM
1 \l 1601 MR.
BRAIDE: I would pass that question to
Mr. Parisien.
LISTNUM
1 \l 1602 MR.
PARISIEN: Well, I am not sure I would like
to see a cap there, because from year to year the crop may change. It is a volatile environment once again. I understand where you are coming from, you
don't want it to be too self‑serving.
But I think a cap is like a very drastic approach to that worry you
have.
LISTNUM
1 \l 1603 THE
CHAIRPERSON: And this is why you use the
term "up to" to 20?
LISTNUM
1 \l 1604 MR.
PARISIEN: Exactly, exactly.
LISTNUM
1 \l 1605 THE
CHAIRPERSON: And I don't assume, but
same question for the Astral Media Small Market Internship Program. Again, these could be interns that are hired
by the Astral Radio stations, ultimately?
LISTNUM
1 \l 1606 MR.
PARISIEN: Well yes, it is the same
answer.
LISTNUM
1 \l 1607 THE
CHAIRPERSON: Okay. Andy my understanding is that this is just for
them to come up with spoken‑word projects?
LISTNUM
1 \l 1608 MS
LAFLAMME: Exactly.
LISTNUM
1 \l 1609 THE
CHAIRPERSON: In the event that you were
to hire one of these interns that had been a recipient of this internship
program, would that be their only function at the radio station, to develop
this type of programming, and would this be a fulltime job?
LISTNUM
1 \l 1610 MR.
PARISIEN: Yes, it could turnout to be
that way, absolutely.
LISTNUM
1 \l 1611 THE
CHAIRPERSON: But spoken‑word
programming would be their only task?
LISTNUM
1 \l 1612 MR.
PARISIEN: M'hmm.
LISTNUM
1 \l 1613 THE
CHAIRPERSON: Okay. Mr. Braide, you did speak about the National
Aboriginal Achievement Foundation, and I do now have a better understanding of
what the classroom module will ultimately accomplish. But what assurances do we have that this new
module will in fact focus on musical and spoken‑word initiatives and not
on the more technical aspects of radio?
LISTNUM
1 \l 1614 MR.
BRAIDE: Well, let me clarify, Madam
Chair. The idea is to increase
representation of Aboriginals in the Canadian broadcasting system. We are not saying that these individuals will
focus on spoken word, they might end up in non‑on‑air roles. They will enhance the nature of the Canadian
broadcasting system. And again, this
initiative is very clearly to increase the representation of Aboriginals in the
system and they may end up doing any kind of work in the system.
LISTNUM
1 \l 1615 THE
CHAIRPERSON: But you do note from our
benefits policy that the focus is on developing musical and spoken‑word
talent as opposed to radio operators?
LISTNUM
1 \l 1616 MR.
BRAIDE: Yes, I understand that and I
feel comfortable that that is where these individuals are heading. They want to be disc jockeys, they want to be
announcers, they want to be people involved in the music system.
LISTNUM
1 \l 1617 THE
CHAIRPERSON: Okay. The Canadian Communications Foundation, I
hear your rationale, but we do know that it chronicles the history of
broadcasting and, absolutely, anybody wanting to get into broadcasting,
important to know where it all came from.
But this appears to be more of a social benefit than a direct initiative
to develop musical and spoken‑word talent.
LISTNUM
1 \l 1618 So
based on that, based on the theory of social benefit versus a direct benefit to
the development of talent, can you tell us why you feel that this initiative,
in particular, is compliant with our benefits policy?
LISTNUM
1 \l 1619 MR.
BRAIDE: Well, again, I would refer to
paragraph 108 of the new Commercial Radio Policy, and in the last sort of line
or two it says:
"training and development of
Canadian musical and spoken‑word talent, including journalists.."
LISTNUM
1 \l 1620 I
believe that this exists as an excellent training tool, an ability for young broadcasters
or existing broadcasters to go in and examine the system find out what has
worked in the past and have access to an archive of information on their
careers and the future of their careers.
LISTNUM
1 \l 1621 THE
CHAIRPERSON: So you do dismiss it as a
social benefit as opposed to ‑‑
LISTNUM
1 \l 1622 MR.
BRAIDE: No, I believe and I believe
Astral believes that it does satisfy the requirements of paragraph 108 of the
Commercial Radio Policy.
LISTNUM
1 \l 1623 THE
CHAIRPERSON: If, by some stroke, we
decide that, you know what, we just don't agree with you, we don't think that
it complies with our benefits policy, would you be willing to redirect the
funds?
LISTNUM
1 \l 1624 MR.
PARISIEN: Yes, definitely.
LISTNUM
1 \l 1625 THE
CHAIRPERSON: And would you have any idea
right now as to which initiative you would redirect those funds to or would you
come up with a new initiative?
LISTNUM
1 \l 1626 MR.
PARISIEN: We would come up with a new
proposition.
LISTNUM
1 \l 1627 THE
CHAIRPERSON: Okay. One of the areas that I believe was examined
in deficiencies was the use of Microsoft's SPOT data on the SCMO channels of
four of your radio stations currently.
We just want confirmation that in the future, should you decide to do
this on more radio stations, you will notify the Commission upon making that
decision?
LISTNUM
1 \l 1628 MS
LAFLAMME: Yes, we will do.
LISTNUM
1 \l 1629 THE
CHAIRPERSON: Thank you. Sorry, I do need to go back to the benefits
package for just a moment. We did talk
earlier with Mr. Shafer about the local programming on CFTK and CJDC, we talked
about the number of hours and the type of programming. Will any of the benefits money be used to
fund the production of those existing programs, you know, the $1.6 million,
approximately, in television benefits?
LISTNUM
1 \l 1630 MR.
PARISIEN: Don.
LISTNUM
1 \l 1631 MR.
SHAFER: I am not sure I understand the
question completely.
LISTNUM
1 \l 1632 THE
CHAIRPERSON: Well, the television
benefits that you are proposing are a 30‑minute daily internally‑produced
interview program with local service and community groups for each station over
the seven‑year period and 30‑minute local documentaries produced by
independent producers on topics of specific interest to those regions. That is what your application says in terms
of the local programming initiatives for television.
LISTNUM
1 \l 1633 MR.
SHAFER: Correct.
LISTNUM
1 \l 1634 THE
CHAIRPERSON: So is that in addition to
what the two television stations are currently ‑‑
LISTNUM
1 \l 1635 MR.
SHAFER: Yes, it is.
LISTNUM
1 \l 1636 THE
CHAIRPERSON: ‑‑ doing in terms of local programming? So your CBC‑affiliated agreement allows
for you to increase the number of local hours?
LISTNUM
1 \l 1637 MR.
SHAFER: I think the best thing that we
can do is to reduce the amount of repeat programming within that 13 hours that
we presently use. We need more original
programming on the air and so, by eliminating some repeats, we can accommodate
the new programming that we are proposing that we produce.
LISTNUM
1 \l 1638 THE
CHAIRPERSON: Okay.
LISTNUM
1 \l 1639 MR.
PARISIEN: And the agreement allows for
that.
LISTNUM
1 \l 1640 THE
CHAIRPERSON: Okay. Thank you very much.
LISTNUM
1 \l 1641 Will
all of this programming be produced by independent producers or is some of it
allocated to in‑house production?
LISTNUM
1 \l 1642 MR.
SHAFER: The 30‑minute public
affairs program we saw as an opportunity to increase the amount of local faces
and local stories on television using the existing crew, but our intention was
to hire an independent producer to pull it together and to direct it, and we
think we can do that.
LISTNUM
1 \l 1643 THE
CHAIRPERSON: Okay. And one final question, from me anyway. Earlier this month Astral received a letter
asking for comment on one of the recommendations in the CTF report wherein that
recommendation said that an appropriate amount of benefits money should be
allocated to the CTF.
LISTNUM
1 \l 1644 Now,
I do recognize that you may not have been prepared to answer or ‑‑
not answer, because it is not really a question, it is just we would like your
opinion on that recommendation. I
recognize that you may not be prepared to answer this question at this hearing,
but I am wondering, first of all, if you are and, if you aren't, would you be
prepared to give us an answer in writing?
LISTNUM
1 \l 1645 MR.
PARISIEN: Don.
LISTNUM
1 \l 1646 MR.
SHAFER: Madam Chair, I think it is
important to note that if we took their advice we would eliminate a big part of
our benefits package. The approach we
took was for a balanced, holistic approach to television, especially
considering the local markets or the small markets. And it addresses market needs and local
production, it addresses scholarships to find young people to bring into the
television business, specifically from the region, and the mentorship and
training is ongoing and benefits young producers and young people in television
across the country.
LISTNUM
1 \l 1647 So
to eliminate the last two I think would be a mistake and we disagree with them.
LISTNUM
1 \l 1648 THE
CHAIRPERSON: So you do not believe that
it would be beneficial to your local markets even if we were to say a
percentage of the benefits should go to CTF?
In other words, do you believe that 100 per cent of the benefits all the
time should be either self‑directed or just not go to the CTF no matter
the magnitude of the benefits package?
LISTNUM
1 \l 1649 MR.
SHAFER: Again, I think our approach was
very balanced and covers all sectors. And 70 per cent of the monies in our
benefit package goes directly towards television product and specifically
nurtures and develops young producers to get into television.
LISTNUM
1 \l 1650 THE
CHAIRPERSON: Okay, thank you. I have no more questions.
LISTNUM
1 \l 1651 Legal
counsel? No questions. Okay, well that concludes our questioning.
LISTNUM
1 \l 1652 MR.
PARISIEN: Well, Madam Chair, if you
would allow me just a ‑‑
LISTNUM
1 \l 1653 THE
CHAIRPERSON: Please.
LISTNUM
1 \l 1654 MR.
PARISIEN: ‑‑ a closing statement? Thank you very much.
LISTNUM
1 \l 1655 First
of all, since this is probably the last time that a lot of us will be appearing
before Madam Noël and Mr. Williams, I would like to thank them for their
contribution to the Commission and to the industry in general, thank you very
much.
LISTNUM 1 \l 1656 COMMISSIONER
NOËL: Merci beaucoup, Monsieur Parisien.
LISTNUM
1 \l 1657 MR.
PARISIEN: Earlier today I indicated that
we would tell you why approval of our application is clearly in the public
interest. I believe that we have demonstrated that this transaction maintains
both diversity and a vigorous competition in all the markets affected.
LISTNUM
1 \l 1658 This
transaction also strengthens radio, the communities involved and the music
industry through our benefit package. It
brings together Standard Radio and Astral Media in an association that is built
on shared values, great mutual respect and a strong commitment to local
communities and the promotion of Canadian Culture.
LISTNUM
1 \l 1659 Thank
you very much.
LISTNUM
1 \l 1660 THE
CHAIRPERSON: Thank you, Mr. Parisien,
Mr. Greenberg, Mr. Slaight and to the rest of your team.
LISTNUM
1 \l 1661 We
will now break for lunch. We will resume
at 1:30.
LISTNUM
1 \l 1662 Thank
you.
‑‑‑ Upon recessing
at 1150 / Suspension à 1150
‑‑‑ Upon resuming
at 1335 / Reprise à 1335
LISTNUM
1 \l 1663 THE
CHAIRPERSON: Madam Secretary.
LISTNUM
1 \l 1664 THE
SECRETARY: Thank you, Madam Chair.
LISTNUM
1 \l 1665 We
will now proceed to Phase II in which other parties appear in the order set out
in the agenda to present their intervention.
LISTNUM
1 \l 1666 I
would now ask NCRA/ANREC, Arc du Canada and ARCQ to appear and present its
intervention.
LISTNUM
1 \l 1667 Please
introduce yourself, after which you will then have 10 minutes for your
presentation.
LISTNUM
1 \l 1668 Thank
you.
INTERVENTION
LISTNUM
1 \l 1669 MR.
STEVENSON: Good afternoon, Madam Chair
and Members of the Commission.
LISTNUM
1 \l 1670 My
name is John Harris Stevenson. I am
President of CHUO FM in Ottawa, which is Canada's only bilingual community
radio station, and a member of the Advisory Board of the National Campus and
Community Radio Association.
LISTNUM 1 \l 1671 M.
PAQUIN : Bonjour, Monsieur et Mesdames les Commissaires.
LISTNUM 1 \l 1672 Mon
nom est Serge Paquin. Je suis Secrétaire
général de l'Alliance des radios communautaires du Canada, ici à Ottawa.
LISTNUM 1 \l 1673 Donc,
je vais laisser la première partie de l'intervention à mon collègue John, et je
vais faire la conclusion.
LISTNUM
1 \l 1674 MR.
STEVENSON: We are here today
representing a partnership of Canada's three largest community radio
associations: the NCRA, Arc du Canada
and the Quebec Association ARCQ.
LISTNUM
1 \l 1675 We
thank the Commission for the opportunity to participate in this process.
LISTNUM
1 \l 1676 Our
objection to this application is restricted only to the proposed tangible
benefits package.
LISTNUM
1 \l 1677 We
note that this merger along with the recently approved purchase of CHUM by
CTVglobemedia will together result in benefits of over $165 million from which
community radio was unable to secure support.
LISTNUM
1 \l 1678 In
the past two years we have been involved in an historic level of cooperation,
our three associations, which together represent more than 140 community and
campus stations and radio projects across the country.
LISTNUM
1 \l 1679 While
we have worked together on a variety of issues from copyright fees to policy
and regulation, our principal project has been the creation of a national
funding mechanism for all community radios in Canada.
LISTNUM
1 \l 1680 Our
goal is to establish a new organization for community media which will benefit
our listeners, our volunteers and our communities.
LISTNUM
1 \l 1681 We
have modelled our Community Radio Fund on similar funding bodies in other
jurisdictions, including Australia's successful Community Broadcasting
Foundation and the new Community Radio Fund in the United Kingdom.
LISTNUM
1 \l 1682 The
principal object of the fund and our main priority is building capacity. That means providing training, support and
expertise to station staff and volunteers so that they can provide more and
better programming to their local communities.
This will result in more relevant, more inclusive and better quality
news, community access, music and cultural programming.
LISTNUM
1 \l 1683 We
must also respond to the many communities, overwhelmingly in rural areas, who
seek to establish a community radio of their own but lack the resources to do
so.
LISTNUM
1 \l 1684 As
well, community radio will not continue to grow unless it can take advantage of
new distribution technologies, particularly digital radio and internet
broadcasting.
LISTNUM
1 \l 1685 Over
the past several months we have pursued two equally important avenues of
support for our fund: the federal
Department of Canadian Heritage and through the Commission's benefits process
of private broadcasters.
LISTNUM
1 \l 1686 We
understand that our effort to gain support from the federal government is
likely a long‑term project. We
have discussed our plans for the fund with staff at Heritage on several
occasions, including the Deputy Minister.
We have spoken with staff in the Minister of Heritage's office as well
as with Members of Parliament from all political parties.
LISTNUM
1 \l 1687 In
May, we appeared before the House of Commons Standing Committee on Canadian
Heritage to talk about our sector and one of the results of our efforts thus
far has been the commissioning of a significant study by Heritage on the role
and impact of community radio in Canada.
LISTNUM
1 \l 1688 With
regards to benefits from commercial broadcasting, we know that is also a very
substantial effort. Despite our very
different mandates and approaches to media, we have had generally good
relations with commercial broadcasters and have endeavoured to build those
relationships further through discussions with the CAB and the former CHUM
Limited.
LISTNUM
1 \l 1689 We
believe we will be aided in our efforts by the inclusion by the Commission of a
Community Radio Fund in its list of eligible Canadian content development
funding recipients earlier this year.
LISTNUM
1 \l 1690 Unfortunately,
to this point, our work to secure funding through the benefits process has not
been successful.
LISTNUM
1 \l 1691 We
continue to believe that the Commission's Benefits Policy can be an effective
instrument for the development of community media in Canada. We also believe that community radio can
build partnerships with commercial media to our mutual benefit.
LISTNUM
1 \l 1692 However,
since support is voluntary, our concern is that commercial broadcasters may not
see supporting the community radio sector as a whole as economically or
politically advantageous.
LISTNUM
1 \l 1693 We
continue to feel that support for community radio makes economic sense for
commercial broadcasters. In addition to
funding the development of emerging musicians and providing training in
broadcasting to thousands of people, sustained support may mean our sector is
less reliant on revenue from advertising and sponsorship.
LISTNUM
1 \l 1694 We
have noted, however, that in other jurisdictions with community media support
mechanisms none rely in whole or in part on voluntary donations from commercial
media.
LISTNUM
1 \l 1695 In
the past, we have recommended that the Commission require a portion of CCD
funds be directed to the Community Radio Fund and until support for the fund
has reached a sustainable level we will continue to explore this idea while at
the same time attempting to build partnerships with commercial broadcasters.
LISTNUM
1 \l 1696 Work
on the fund will continue in the coming months and we are close to finalizing
the governance structure of the organization.
Our proposed bylaws will provide for membership open to all community‑oriented
and campus radio broadcasters and associations while creating a completely
independent board of directors and an arm's‑length funding process.
LISTNUM
1 \l 1697 This
will ensure that the fund works in the best interests of our local communities,
reflecting their hopes and ambitions for Canadian community radio.
LISTNUM
1 \l 1698 While
we know we have made substantial progress in our efforts, we must also preserve
the progress we have made in the past five years.
LISTNUM
1 \l 1699 Focusing
so much of our resources on the Community Radio Fund has been risky. As we have been unable to find support during
these last two very substantial benefits processes, we must take a step back
and ensure that our associations individually have the resources they need to
maintain existing levels of service to our members.
LISTNUM
1 \l 1700 For
example, for the past several years, the National Campus and Community Radio
Association National Office had been supported by a benefit from Corus which
now is ending. Unless further funding is
secured, the NCRA office is likely to close in the new year and its one full‑time
employee laid off. The NCRA is now
devoting all of its national resources in an attempt to maintain its existing
presence in Ottawa.
LISTNUM
1 \l 1701 Arc
du Canada, which has had more diverse funding over the years, recently saw a
substantial decrease in support for its national activities when a similar
benefit from Shaw Communications ended.
LISTNUM
1 \l 1702 Arc
du Québec is also focused on fundraising.
LISTNUM
1 \l 1703 Stability
and sustainability is a concern for all of us.
LISTNUM
1 \l 1704 We
would ask the Commission to assess Astral's proposed tangible benefits package
against the acceptability criteria for Canadian content development initiatives
as outlined in the Commercial Radio Policy 2006.
LISTNUM
1 \l 1705 As
we stated in our written intervention, the Community Radio Fund provides a
single mechanism which benefits scores of communities in all regions of the
countries, making it an extremely cost‑effective means of promoting media
diversity and the development and distribution of Canadian content.
LISTNUM 1 \l 1706 M.
PAQUIN : Merci, John.
LISTNUM 1 \l 1707 J'aimerais
mentionner que deux mois avant l'avis public de cette audience, les trois
associations ont fait parvenir une lettre demandant une rencontre avec les gens
d'Astral, et, malheureusement, on n'a jamais reçu de réponse ni d'accusé de
réception.
LISTNUM 1 \l 1708 Donc,
on a été très déçu de cette attitude‑là, de voir que les gens d'Astral
nous ont complètement ignorés. On a
trouvé ça un peu de manque de professionnalisme de la part d'une compagnie qui,
comme vous le voyez, va transiger des millions, voire des milliards de
dollars. Donc, on a été très déçu de ce
silence‑là.
LISTNUM 1 \l 1709 Je
crois que c'est une attitude assez généralisée de la part de l'entreprise
privée, qui voit les radios communautaires, les radios de campus, comme des
compétiteurs. Je crois qu'on est
beaucoup plus complémentaire que compétiteur.
Avec moins de 2 pour cent du marché, je ne crois pas qu'on est vraiment une
menace sérieuse à l'entreprise privée.
LISTNUM 1 \l 1710 Donc,
cette attitude‑là se perpétue aujourd'hui. On a fait des approches similaires avec les
autres gros mergers qu'il y a eu, puis c'est ça, c'est toujours la même
chose. On n'a pas de contact. On a beaucoup de difficulté d'avoir un
dialogue direct avec les entreprises privées.
LISTNUM 1 \l 1711 Comme
vous le savez, le mandat des radios communautaires est très exigeant. C'est un mandat qui est difficile. Les radios communautaires et les radios de
campus, c'est basé sur le bénévolat.
LISTNUM 1 \l 1712 On
a des petites équipes, on a des petites radios, on doit faire beaucoup de
nouvelles locales, des émissions d'affaires publiques, on a beaucoup de contenu
verbal, et tout ça, on doit le faire avec nos propres moyens.
LISTNUM 1 \l 1713 On
doit faire des bingos et des levées de fonds pour arriver à donner ce service‑là
que les Canadiens sont en droit d'avoir, parce qu'il n'y a pas juste la radio
de divertissement au Canada, il y a aussi de la radio qui est là pour informer
les gens.
LISTNUM 1 \l 1714 C'est
très important que la population puisse avoir des nouvelles de ce qui se passe
chez eux dans leur langue et vraiment traiter des sujets qui sont importants
pour les communautés.
LISTNUM 1 \l 1715 Comme
vous l'avez mentionné, on questionne un peu aussi la liste des bénéficiaires,
la pertinence de certains bénéficiaires.
Malheureusement, on n'est pas sur cette liste‑là.
LISTNUM 1 \l 1716 Il
y avait une belle occasion ici pour vraiment renforcir le système canadien de
la radiodiffusion en contribuant de façon volontaire au Fonds canadien de la
Radio communautaire. Malheureusement,
c'est une chose qui ne s'est pas fait.
On trouve ça un peu déplorable.
LISTNUM 1 \l 1717 On
comprend que la politique du CRTC, c'est d'amener les entreprises privées à
contribuer sur une base volontaire, mais l'expérience nous dit que ça ne
fonctionne pas.
LISTNUM 1 \l 1718 A
plusieurs reprises, on est apparu devant le CRTC pour demander, de façon
obligatoire, à ce que le système privé contribue au troisième secteur, qui est
le secteur communautaire, puis le CRTC a décidé que ça pourrait se faire sur
une base volontaire. Mais
malheureusement, force est de constater que ça ne fonctionne pas.
LISTNUM 1 \l 1719 Comme
on l'a dit, on a fait beaucoup de représentations auprès du Gouvernement,
auprès des députés, on nous dit : *Allez voir le CRTC, le CRTC va pouvoir faire quelque chose pour vous
parce que le gouvernement n'est pas très enclin à contribuer à des fonds pour
le développement du troisième secteur.
LISTNUM 1 \l 1720 À
l'instar de plusieurs autres pays industrialisés, malheureusement, le Canada
est un enfant pauvre. On nous compare...
même tout récemment à la marque internationale, on a voté une motion à l'effet
qu'on encourageait le Mexique et le Canada, les gouvernements respectifs de ces
pays‑là, à mettre sur pied un fonds pour aider le tiers secteur.
LISTNUM 1 \l 1721 Donc,
c'est là qu'on est rendu. Je veux dire,
la France a des dispositions. On a
nombre de pays, on est un des rares pays industrialisés qui n'a pas un
mécanisme pour aider le tiers secteur.
LISTNUM 1 \l 1722 Donc,
ceci, en conclusion, c'est que les trois associations que l'on représente, on
est déterminé à poursuivre notre travail auprès du gouvernement, auprès du
secteur privé, auprès du CRTC afin de revendiquer une part juste et une aide
qui est tout à fait méritée afin de renforcer le système canadien et pouvoir
contribuer pleinement à la diversité des voix, à la diversité aussi de
contenus, tout ça dans le respect des trois systèmes, soit le privé, le public
et le communautaire.
LISTNUM 1 \l 1723 Je
vous remercie de votre attention.
LISTNUM 1 \l 1724 THE
CHAIRPERSON: Commissioner Noël.
LISTNUM 1 \l 1725 COMMISSAIRE
NOËL: Je n'ai pas beaucoup de questions,
monsieur Paquin. Je pense que je vais
vous les adresser.
LISTNUM 1 \l 1726 Monsieur
John, votre nom de famille c'est quoi?
Je n'ai pas entendu.
LISTNUM 1 \l 1727 MR.
STEVENSON: John Stevenson.
LISTNUM 1 \l 1728 COMMISSIONER
NOËL: Stevenson?
LISTNUM
1 \l 1729 MR.
STEVENSON: Yes.
LISTNUM
1 \l 1730 COMMISSIONER
NOËL: So, thank you for your
intervention, Mr. Stevenson.
LISTNUM 1 \l 1731 Monsieur
Paquin, vous avez répondu avant que je la pose, à ma première question : avez‑vous contacté les gens d'Astral
avant d'écrire votre lettre de position?
Vous nous avez dit que vous les aviez contactés par écrit.
LISTNUM 1 \l 1732 Est‑ce
que vous avez fait une relance quand vous n'avez pas eu de réponse?
LISTNUM 1 \l 1733 M.
PAQUIN: Oui. Il y a eu la secrétaire générale de l'ARC du
Québec a tenté à maintes reprises de communiquer avec la personne, la destinataire
de la lettre, je crois que c'est madame Aumont, et elle n'a jamais eu de retour
de courrier ni de téléphone.
LISTNUM 1 \l 1734 COMMISSAIRE
NOËL : Bien, écoutez; j'espère qu'à
l'avenir Astral aura quelqu'un qui répondra au moins pour vous dire non en
personne, s'ils ne veulent pas vous en donner.
LISTNUM 1 \l 1735 Mais
je vais vous rappeler une chose. Il y a
notre ami, monsieur... comment est‑ce qu'il s'appelle, monsieur Radio‑Enfant ‑‑
appelons‑le *monsieur Radio‑Enfant+.
Pardon?
LISTNUM 1 \l 1736 M.
PAQUIN: Monsieur Michel Delorme.
LISTNUM 1 \l 1737 COMMISSAIRE
NOËL: C'est ça, monsieur Delorme. Monsieur Delorme est venu, puis, moi, ça fait
longtemps que je suis au CRTC là, j'achève ma carrière et puis ça va faire neuf
ans complets à la fin du mois d'octobre, je pense que monsieur Delorme, il n'y
a pas une audience où on ne l'a pas vu venir nous parler du fait qu'il voulait
avoir de l'argent puis qu'il y ait de l'argent pour lui dans les bénéfices et
je pense que, moi, j'appellerais ça le *principe de persistance+.
Monsieur Delorme, cette fois‑ci, il est allé puis il en a eu.
LISTNUM 1 \l 1738 Alors,
moi, ce que je vous dirais, c'est ne vous découragez pas, le forum pour
débattre de la question de savoir si ça devrait être obligatoire ou facultatif,
c'est les audiences de politique. Ce
n'est pas ici qu'on va décider, contrairement à la politique qui vient d'être
émise, la politique de cette année‑là, qu'on a émise à la fin d'octobre
ou novembre 2006, je pense, la nouvelle politique de radio, ce n'est pas ici
qu'on va la modifier.
LISTNUM 1 \l 1739 Mais
ce que je vous dis c'est le principe de persistance et puis quand vous essayez
d'avoir des fonds, appelez donc directement un dénommé Jacques Parisien
là. Je vous le dis, lui, il retourne ses
appels.
LISTNUM 1 \l 1740 Moi,
je n'ai pas d'autres questions. Écoutez,
c'est très louable ce que vous faites, le fonds c'est très louable. Malheureusement, je pense qu'il y a eu des *glitches+ dans la communication en quelque
part parce que vous n'avez même pas eu un accusé de réception, mais monsieur
Parisien aime ça beaucoup faire des acquisitions, ça fait que la prochaine
fois, il va prendre votre numéro de téléphone.
LISTNUM
1 \l 1741 Merci.
LISTNUM
1 \l 1742 THE
CHAIRPERSON: Thank you. I just have one question. Excuse me.
In the oral presentation this morning given by Astral, they say the
programs will also help the industry as a whole, including campus and community
radio stations.
LISTNUM
1 \l 1743 Did
you hear anything this morning that was said that gives you some reassurance
that, in fact, the program as proposed by the applicant will indeed help campus
and community radio?
LISTNUM
1 \l 1744 MR.
STEVENSON: I think that there is a lot
of positive elements in the benefits package, but I think that the best people
to identify the needs that we have are members and our associations.
LISTNUM
1 \l 1745 And
I have been involved in community radio for many many years and when I started
out in the mid‑eighties, it was a different set of requirements than right
now and I think that, you know, judging from the mid‑seventies might not
be the best place to start.
LISTNUM
1 \l 1746 And
again, if the benefits were targeted at us, some contact with us to indicate
what we would like to do or what we feel our needs are might have been the best
idea.
LISTNUM
1 \l 1747 I
am not, you know, saying that people won't apply for any of those programs, but
they aren't really our problem right now.
LISTNUM
1 \l 1748 THE
CHAIRPERSON: In your contact with us,
was it a formal proposition that you had made to them or ‑‑ I
mean, in other words, outlining how part of their benefit package could indeed
affect your membership, how it could benefit your membership and what kind of
programs you would support with their benefit money or was it more of a let's
sit down and talk about your benefits package?
LISTNUM
1 \l 1749 MR.
STEVENSON: It was just, yes, an attempt
to start a dialogue and, you know, wires might have been crossed, but we ‑‑
these letters tend to get lost every once in a while when we write them. It's not ‑‑ this isn't the
first time this sort of things has happened.
LISTNUM
1 \l 1750 Serious,
Canada won't even call us back after making a commitment at the satellite radio
hearings and that's just the reality of who we are within the broadcasting
system, I guess, but it's unfortunate because we would rather build those
partnerships than appear here today and spend the day, you know, trying to find
a middle ground between what we need and maybe what the industry can provide
us.
LISTNUM
1 \l 1751 THE
CHAIRPERSON: Well, I want to thank you
for your contribution to these proceedings and I'm sure that people have heard
you. Thank you very much.
LISTNUM
1 \l 1752 Madame
Secretary.
LISTNUM
1 \l 1753 THE
SECRETARY: The last appearing intervention
will be presented by Canadian Recording Industry Association.
‑‑‑ Pause
LISTNUM
1 \l 1754 THE
SECRETARY: Please, introduce yourself
and you will have ten minutes to make your presentation. Thank you.
INTERVENTION
LISTNUM
1 \l 1755 MR.
HENDERSON: Thank you, madame Secretary.
LISTNUM
1 \l 1756 Good
afternoon, madame Chair, members of the Commission. My name is Graham Henderson and I'm the
President of the Canadian Recording Industry Association. CRIA is pleased to appear before the
Commission to address Astral's application.
LISTNUM
1 \l 1757 As
the Commission is aware, our members have indicated their support for this
application, subject only to what I am now about to say.
LISTNUM
1 \l 1758 The
current application again raises a pressing issue, the need for new benchmarks
to increase the airplay and promotion of new and emerging Canadian artists.
LISTNUM
1 \l 1759 The
purpose of our remarks today is to address the appropriate process by which
these benchmarks can be implemented.
Based on the record before the Commission, the applicant supports the
need for this process.
LISTNUM
1 \l 1760 Before
we can move forward and establish these commitments, a key issue that needs to
be resolved is this : the need for a workable and meaningful definition of new
and emerging Canadian artist.
LISTNUM
1 \l 1761 Various
industry groups including CRIA have previously raised this definitional issue
with the Commission. The issue has once
again been highlighted in the current application.
LISTNUM
1 \l 1762 Without
such a definition, well‑intentioned companies like Astral, like Standard
are unable to demonstrate conclusively that they are promoting new and emerging
Canadian artists in the most optimal manner.
For example, in response to an application question from the Commission
in regard to the percentage of musical selections which featured new and
emerging artists Astral's frank reply was that "In the absence of a clear
definition of the term "emerging artists", it is not possible to
calculate what percentage might apply, either on current performance or future
proposals".
LISTNUM
1 \l 1763 To
use a metaphor, without knowing how the referee is defining what the goal line
is, Astral cannot demonstrate that it has crossed that goal line into the end
zone.
LISTNUM
1 \l 1764 Now,
I am not here today to propose a definition of new and emerging. Our objective is much more modest than
that. It is simply to once again
underscore the need for a commission‑sanctioned industry working group
that will as a first step establish a consensus‑based definition of new
and emerging Canadian artist and a corresponding set of benchmarks.
LISTNUM
1 \l 1765 In
terms of this modest proposal, there was a remarkable degree of unanimity
within the very ‑‑ from the various stakeholders in the music
industry, from CTV to Astral, to SIRPA, to ADISQ, to CRIA, we all support this
proposal.
LISTNUM
1 \l 1766 Now,
while we may have different ideas of the definition and what the specific
benchmarks should be, we all agree that the best way to resolve those differences
that we have is to negotiate a common set of standards using a collaborative
process under CRTC auspices.
LISTNUM
1 \l 1767 A
germane illustration of this consensus is in Astral's written reply to the
intervention where it noted that the "outstanding issue in both French and
English radio markets was the lack of such a definition".
LISTNUM
1 \l 1768 They
went on to state that : "the industry needs to meet in some Commission
sanction process to develop a consensus on the definitions appropriate to each
market and radio format, that any new policy in this respect should be applied
across the industry and at the same time, and that it would be useful once
equipped with definitions for the CRTC to begin to monitor radio industry
practices in this regard".
LISTNUM
1 \l 1769 And
we completely agree with these recommendations.
Without a common definition and a set of benchmarks, we will be unable
to move forward to establish meaningful commitments with respect to the airplay
and promotion of new talent.
LISTNUM
1 \l 1770 Without
these commitments, the music industry would be left adrift and up and coming
talent, the life blood of our industry, would be shortchanged.
LISTNUM
1 \l 1771 Now,
this is not to say that we want an inflexible set of standards. We agree with the applicant and it has always
been CRIA's position that we need a taylors system that is geared toward the
specialized circumstances of individual formats.
LISTNUM
1 \l 1772 While
creating such a system will take work.
CRIA wishes to emphasize the fact that there is today significant
momentum and goodwill for such a collaborative process.
LISTNUM
1 \l 1773 In
this regard, I would echo the sentiments of my friends at SIRPA when they
highlighted their strong desire to be part of a policy for creating such a
definition they said : "We are prepared at all times along with other
industry groups and associations that may be involved in the process to
contribute towards an effective workable solution.
LISTNUM
1 \l 1774 As
the SIRPA submission highlights, the music industry is looking to the
Commission to help them achieve a goal which they all agree is necessary, but
which that they cannot achieve with the Commission's assistance. The time to act is now.
LISTNUM
1 \l 1775 The
Commission's role is crucial because as independent arbitrator of various
stakeholder positions it can help the parties avoid log jams, find common
ground and perhaps most importantly, when consensus is finally reached,
formalize the definition and benchmarks across the entire radio industry,
having had the institutional benefit of being at the table, of course, during
the negotiation process.
LISTNUM
1 \l 1776 In
terms of its specific mandate as CRIA has previously discussed with the
Commission, in our view once the working group has established a meaningful
definition of new and emerging, the process should produce through consensus
workable and meaningful commitments by commercial radio licences with respect
to new and emerging Canadian artists, commitments that would include maximum exposure
during the appropriate times of day to achieve critical mass of airplay.
LISTNUM
1 \l 1777 It
would accord individual radio stations with flexibility in applying commitments
to new and emerging artists, the model must recognize that different radio formats
may require different standards.
LISTNUM
1 \l 1778 It
would establish criteria to manage, fund and monitor a transparent and
measurable national data base of airplay and new and emerging artists. This will permit the industry to report its
progress to the Commission across the entire radio spectrum.
LISTNUM
1 \l 1779 Finally,
it would develop appropriate procedures to resolve disputes within the
framework of consensus based problem solving.
LISTNUM
1 \l 1780 There
is a historic opportunity here. We stand
at a cost spin time when the livelihood of our artists are subjected to
unprecedented threats. This is no time
for a game of hot potato. The CRTC has
an opportunity to exercise leadership in a time of crisis and that's what it
is.
LISTNUM
1 \l 1781 What
we are asking for is not an unwarranted intrusion into the marketplace. This is appropriate, this is measured and
most of all, it is desired by all parties.
LISTNUM
1 \l 1782 Help
us to develop the framework and I am confident we can do the rest and of one
thing I am certain, that we, none of us, can do this alone, the CRTC included.
LISTNUM
1 \l 1783 Thank
you. I will be happy to take any of your
questions.
LISTNUM
1 \l 1784 THE
CHAIRPERSON: Thank you, Mr.
Henderson. Commissioner Williams.
LISTNUM
1 \l 1785 COMMISSIONER
WILLIAMS: Good afternoon, Mr. Henderson.
LISTNUM
1 \l 1786 Okay;
a Commission sanctioner working group.
Has CRIA tried to work with the industry in the absence of the
Commission to establish this working group and what has your experience been to
date?
LISTNUM
1 \l 1787 MR.
HENDERSON: It has been relatively
good. I mean we, but prior to the
commercial radio hearing last year, we worked with the Canadian Association of
Broadcasters and sort of came up with in effect the same language.
LISTNUM
1 \l 1788 But
that's just two of us. It's not
everybody and as you can see from the processes that followed, at that time we
said : look, we need a working group.
The Commission in its wisdom decided that there wouldn't be a working
group and since that time we've seen a multiplicity of definitions emerging
from all sides.
LISTNUM
1 \l 1789 And
each on their own, they don't enjoy any sort of imprimatur, there is no way
that they can be imposed, so it becomes a hedge pogge from coast to coast with
everybody with their own idea of what a new and emerging artist is.
LISTNUM
1 \l 1790 COMMISSIONER
WILLIAMS: So, what do you envision? A small process put together by the CRTC to
bring all these thoughts together.
LISTNUM
1 \l 1791 MR.
HENDERSON: Yes.
LISTNUM
1 \l 1792 COMMISSIONER
WILLIAMS: And then some sort of
consensus reached and then, that would be the definition Canada‑wide?
LISTNUM
1 \l 1793 MR.
HENDERSON: Yes, yes, and I recognize, I
mean in the last proceeding, when we brought this up, I was sort of tackled on
procedural grounds that at that time it was inappropriate form to bring this
forward. But I'm having a hard time
understanding where the appropriate form is or when it's going to appear.
LISTNUM
1 \l 1794 We
can't sit back and just let this drift.
We have to act now and if we do sit back and let is drift, we're never
going to be able to measure our progress.
I mean, in any business, right, when you set goals, you set thresholds,
you have to be able to measure and the CRTC is in the same position, the
industry is and we want to know. Are we
moving the yard sticks down, down the field and we don't know?
LISTNUM
1 \l 1795 So,
yes, I think it's a relatively straightforward process, I believe that there is
a precedent for this within the history of the commission and I would urge that
Commission to look to that precedent and take this opportunity to try and bring
everyone together.
LISTNUM
1 \l 1796 COMMISSIONER
WILLIAMS: Okay. Thank you, Mr. Henderson. That's my question.
LISTNUM
1 \l 1797 THE
CHAIRPERSON: Commissioner Noël.
LISTNUM
1 \l 1798 COMMISSIONER
NOËL: Now, Mr. Henderson, I did ask the
questions out of Mr. Parisien and I think Mr. Braide jumped in also in the
fray, do you think that there should be two definitions: one for the English
and one for the French markets?
LISTNUM
1 \l 1799 MR.
HENDERSON: They are greater authorities
on that than I, but it certainly makes a heck of a lot of sense to me.
LISTNUM
1 \l 1800 COMMISSIONER
NOËL: Merci.
LISTNUM
1 \l 1801 THE
CHAIRPERSON: Thank you, Mr. Henderson,
for your intervention.
LISTNUM
1 \l 1802 MR.
HENDERSON: Thank you.
LISTNUM
1 \l 1803 THE
CHAIRPERSON: Madam Secretary.
LISTNUM
1 \l 1804 THE
SECRETARY: This completes the list of
appearing interveners, therefore, phase 2.
LISTNUM
1 \l 1805 We
will now proceed to phase 3 in which the applicant can reply to all
interventions submitted on their application.
‑‑‑ Pause
LISTNUM
1 \l 1806 THE
SECRETARY: You have ten minutes for this
purpose.
REPLY / RÉPLIQUE
LISTNUM
1 \l 1807 MS
LAFLAMME: First of all, we apologize for
not having responded to the letter from the Community Radio Association. Clearly it was a miscommunication. As suggested by madam Noël, we invite the
Community Radio Association to call Jacques Parisien for further discussion.
LISTNUM
1 \l 1808 Finally,
we would like once again to thank all the interveners in this process. We are grateful for the substantial support
we have received and the many enthusiastic comments.
LISTNUM
1 \l 1809 Thank
you.
LISTNUM
1 \l 1810 THE
CHAIRPERSON: Wow!
LISTNUM
1 \l 1811 COMMISSIONER
NOËL: Can you hand them your direct
phone line?
‑‑‑ Laughter /
Rires
LISTNUM
1 \l 1812 MR.
HENDERSON: I'll give them a business
card as soon as we are finished.
LISTNUM 1 \l 1813 COMMISSIONER
NOËL: Merci, monsieur Parisien.
LISTNUM
1 \l 1814 THE
CHAIRPERSON: You see, one of the roles
of the Chairperson of the hearing is I get to do a little bit of clean‑up
at the end.
LISTNUM
1 \l 1815 So,
I want to just ask you a couple of questions with regards to the benefits
again. And, Mr. Parisien, when I asked
you about the feasibility of capping the number of interns, for example, that
Astral would hire, your answer was that would be unreasonable to impose a limit
at all.
LISTNUM
1 \l 1816 Do
you have any suggestions as to any other safeguards that would be acceptable to
you, to ensure that Astral does not benefit directly from either of the two
programs: the internship program and the spoken word?
LISTNUM
1 \l 1817 MR.
HENDERSON: Well, I suggest that one of
the interesting safeguards could be the annual report that we would be filing
with the Commission where we can put an emphasis on ‑‑ and try
in particular what is happening in that area on both counts. We could do that.
LISTNUM
1 \l 1818 THE
CHAIRPERSON: And if in doing that in
your report therefore, if we were to see that too many of the ‑‑
LISTNUM
1 \l 1819 MR.
HENDERSON: Self‑serving, yes.
LISTNUM
1 \l 1820 THE
CHAIRPERSON: Okay. That we could then, at that point, ask you to
redirect these funds?
LISTNUM
1 \l 1821 MR.
HENDERSON: Yes, that would be suitable.
LISTNUM
1 \l 1822 THE
CHAIRPERSON: But what if we decided in
our deliberations over the next few days that, you know, while we are not
convinced, we do believe that Astral will benefit directly from both of these
programs, would it be acceptable to you for us to say, you must redirect your
funds for these two projects?
LISTNUM
1 \l 1823 MR.
HENDERSON: Well, I would repeat the same
answer I gave you this morning, that I don't think it would be reasonable.
LISTNUM
1 \l 1824 THE
CHAIRPERSON: Because, basically, you're
telling me : trust us right now?
LISTNUM
1 \l 1825 MR.
HENDERSON: Yes, madam, yes.
LISTNUM
1 \l 1826 THE
CHAIRPERSON: Without any safeguards in
place?
LISTNUM
1 \l 1827 MR.
HENDERSON: Well, I've offered the same
part of the report and you can track the report, get back to us and then we can
adjust or redirect as you suggested.
That, to me, would be sufficient.
LISTNUM
1 \l 1828 THE
CHAIRPERSON: O.K. Well, thank you very much.
LISTNUM
1 \l 1829 MR.
HENDERSON: Thank you very much.
LISTNUM
1 \l 1830 THE
CHAIRPERSON: Legal counsel, I should ask
you if you have any? Maybe one; there you go, our legal
counsel.
LISTNUM 1 \l 1831 MME
VÉRONIQUE LEHOUX: Juste une petite
question, monsieur Parisien puis ça a trait à Sun Source et l'émission Common
Performance, je veux juste m'assurer que j'ai bien compris tout à l'heure. Je veux juste que vous me confirmiez que les
ententes entre Sun Source puis les stations de radio locales ne comportent pas
de clause qui oblige les stations locales à diffuser l'émission Common
Performance à un moment précis qui serait imposé par Sun Source?
LISTNUM
1 \l 1832 Je
veux m'assurer que les stations locales aient carte blanche?
LISTNUM
1 \l 1833 M.
PARISIEN: Et vous avez raison.
LISTNUM
1 \l 1834 MME
VÉRONIQUE LEHOUX: C'est ça?
LISTNUM
1 \l 1835 M.
PARISIEN: Oui.
LISTNUM
1 \l 1836 MME
VÉRONIQUE LEHOUX: Merci.
LISTNUM 1 \l 1837 THE CHAIRPERSON: Thank you. Madam Secretary.
LISTNUM 1 \l 1838 THE SECRETARY: This completes the configuration of Item 1 on the agenda. There are a number of non‑appearing applications listed on the agenda of this particular hearing for which interventions were received.
LISTNUM 1 \l 1839 The panel will consider these interventions along with the applications and decisions will be rendered at a later date.
LISTNUM 1 \l 1840 This completes the agenda of this particular hearing, madame Chair.
LISTNUM
1 \l 1841 THE CHAIRPERSON: Thank you very much, madam Secretary. Thank you.
LISTNUM
1 \l 1842 M.
PARISIEN: Thank you.
LISTNUM 1 \l 1843 THE CHAIRPERSON: Thank you to all the participants and we stand adjourned.
‑‑‑ Whereupon the hearing concluded at 1408 /
L'audience est terminée à 1408
REPORTERS
____________________ _____________________
Johanne Morin Monique Mahoney
____________________ _____________________
Susan Villeneuve Madeleine Matte
- Date de modification :