ARCHIVED -  Decision CRTC 98-215

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Ottawa, 8 July 1998

Decision CRTC 98-215

Canadian Broadcasting Corporation

Chicoutimi, Chapais, Chibougamau, Dolbeau, L'Anse-Saint-Jean and Petit Saguenay, Quebec - 199716718

New FM radio programming undertaking

1. Following Notice of Public Hearing CRTC 1998-2 dated 20 March 1998, the Commission approves the application for a broadcasting licence for a French-language FM radio programming undertaking at Chicoutimi, on the frequency 93.7 MHz, channel 229B, with an effective radiated power of 50,000 watts.

2. The Commission notes that this FM radio programming undertaking will replace the current AM radio programming undertaking CBJ Chicoutimi. It will broadcast programming originating from the CBC French-language Radio (AM) network as well as 32 hours and 20 minutes of local programming per week. The CBC has indicated that the new FM transmitter will help solve the reception problems of its signal.

3. The licensee indicated that it will continue to operate its transmitters CBJ-2 Chapais, CBJ-1-FM Chibougamau, CBJ-3-FM Dolbeau, CBJ-4 L'Anse-Saint-Jean and CBJ-5 Petit Saguenay.

4. Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2001. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

5. The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act (the Act), will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan for CBC radio programming undertakings.

6. The CBC has indicated that it intends to shut down its AM transmitter within six months of the date on which the new transmitter becomes operational. During this six-month transition period, the CBC will simulcast on CBJ the programming of the new FM station. The Commission expects the CBC to cease the operation of CBJ and to surrender the licence within this time frame. The Commission also expects the CBC to inform listeners of the changes herein approved.

7. The Commission notes that the use of this FM frequency is consistent with the guidelines set out in Public Notice CRTC 1985-142 dated 9 July 1985.

8. It is a condition of licence that the Corporation not broadcast any commercial message of Category 5 (Advertising) except

a) during programs that are available to the licensee only on a sponsored basis, or

b) as required to fulfil the requirements of the legislation of the Parliament of Canada pertaining to elections, or

c) in communities where there is no other programming undertaking broadcasting in the same language.

9. It is a condition of licence that 50% or more of the category 2 music selections broadcast each broadcast week be Canadian and that these selections be scheduled in a reasonable manner throughout the broadcast day.

10. It is a condition of licence that 20% or more of the category 3 music selections broadcast each broadcast week be Canadian.

11. It is also a condition of licence that the licensee adhere to its self-regulatory guidelines on sex-role portrayal as amended from time to time and approved by the Commission, and, as a minimum, to the Canadian Association of Broadcasters' Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.

12. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

13. The Department of Industry has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

14. In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence, and the authority will only be granted, at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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