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ARCHIVED -  Decision CRTC 99-426

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Decision

Ottawa, 9 September 1999
Decision CRTC 99-426
Canadian Broadcasting Corporation
Rimouski, Quebec - 199811865
28 June 1999 Public Hearing
National Capital Region>
Conversion of CJBR to FM
1.  The Commission approves the application by the Canadian Broadcasting Corporation for a licence to carry on a French-language FM radio programming undertaking at Rimouski, on the frequency 89.1 MHz, channel 206B, with an effective radiated power of 5,500 watts.
2.  The Commission notes that this FM radio programming undertaking will replace the current AM radio programming undertaking CJBR Rimouski. It will broadcast programming originating from the CBC French-language Radio (AM) network as well as 32 hours of local programming per week.
3.  The licensee indicated that it will continue to operate its transmitter CJBR-FM-1 Rivière-du-Loup.
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 granded 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. The CBC is authorized to simulcast the programming of CJBR on frequencies 900 kHz and 89.1 MHz for a period of six months. At the end of this period, the Commission expects the licensee to stop using frequency 900 kHz and to surrender CJBR's licence for cancellation by the Commission.
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 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 licence will only be issued and effective when the new station is ready to begin operation. When the licensee has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the station is not constructed and ready to operate within 12 months of today's date, extensions to this time frame may be granted provided that the licensee applies in writing to the Commission before the 12-month period or any extension of that period expires.
14.  As proposed, the new FM station will operate on the frequency 89.1 MHz, channel 206B, with an effective radiated power of 5,500 watts.
15.  The Department of Industry has advised the Commission that this application is conditionally technically acceptable. The Department will only issue a Broadcasting Certificate once it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
16.  In accordance with section 22(1) of the Broadcasting Act, the Commission will only issue the licence and grant the authority to operate when it receives notification 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. It is available in alternative format upon request, and may also be viewed at the following Internet site:
www.crtc.gc.ca
Secretary General